Agenda — Jurupa Valley City Council, June 2, 2022 (part 1 of 2)

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, June 2, 2022
Study Session: 6:00 p.m.

Regular Meeting: 7:00 p.m.

City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509

1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR STUDY SESSION ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member

2. STUDY SESSION – UPDATE FROM SOUTHERN CAL IFORNIA EDISON

REGARDING THE WILDFIRE MITIGATION PLAN
A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.

B. A member of the public who wishes to speak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.

C. If the Meeting is conducted via teleconferencing pursuant to Government Code Section 54953(e), the public may submit comments to the City Council via email or via telephone prior to the Mayor calling the item. Email comment shall be sent to:

[email protected]. Telephone comments may be made by calling (951) 332- 6464, Ext. 140. Email and telephone comments are subject to the same rules as in-person comments.

D. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.

E. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.

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Presented by Aileen Flores, SCE Government Relations Manager and Robert Stiens, SCE Senior Public Affairs Manager.

3. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member

4. INVOCATION

5. PLEDGE OF ALLEGIANCE

6. APPROVAL OF AGENDA

7. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”

8. PUBLIC APPEARANCE/COMMENTS

9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. UPDATE ON THE INTERAGENCY COORDINATING COUNCIL
MEETING OF MAY 20, 2022

Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54 954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.

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B. COUNCIL MEMBER BRIAN BERKSON

1. UPDATE ON THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION – WESTERN RIVERSIDE COUNTY PROGRAMS
AND PROJECTS COMMITTEE MEETING OF MAY 23, 2022

2. UPDATE ON THE RIVERSIDE TRANSIT AGENCY BOARD OF
DIRECTOR’S MEETING OF MAY 26, 2022

3. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF MAY 27, 2022

11. CITY MANAGER’S UPDATE

A. COUNCIL TRAVEL SUMMARY REPORT

12. SHERIFF’S DEPARTMENT UPDATE

Requested Action: That the City Council receive and file the report.

13. APPROVAL OF MINUTES

A. MAY 19, 2022 REGULAR MEETING

14. CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.)

A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA

Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.

B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$3,641,888.28

Requested Action: That the City Council ratify the check registers dated April 28 and May 4, 11, and 19, 2022 as well as the payroll registers dated April 29 and 30; and May 13, 2022.

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C. ORDINANCE NO. 2022-08

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-08, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y, CALIFORNIA, AMENDING CHAPTER 3.7 5 (DEVELOPMENT IMPAC T F EE) OF THE

JURUPA VALLEY MUNICI PAL CODE TO CLARIFY THAT THE

METHOD FOR CALCULATI NG DEVELOPMENT IMPAC T FEES FOR

RETAIL/SERVICE/OFFICE, BUSINESS PARK, AND INDUSTRIAL USES

SHALL BE BASED ON TH E SQUARE FOOTAGE OF THE BUILDING,

AND TO CLARIFY THAT FEES FOR RESI DENTIAL USES AND

COMMERCIAL LODGING ARE CALCULATED BASED ON A PER UNIT

BASIS AND THAT FEES FOR MIXED USE DEVELO PMENTS ARE

BASED ON THE COMBINA TION OF THE LAND USE S, MAKING
CONFORMING REVISIONS TO CHAPTER 3.75, AN D MAKING A
FINDING OF EXEMPTION UNDER SECTIO NS 15061(B)(3) AND
15273(A)(4) OF THE C ALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

D. CONSIDERATION OF A R ESOLUTION CONFIRMING THE REPORT

OF DELINQUENT SOLID WASTE FEES AND INITI ATING THE

PROCEEDINGS TO MAKE DELINQUENT SOLID WAS TE

COLLECTION SERVICES FEES A SPECIAL ASSESSMENT AND LIEN

AGAINST CERTAIN PARC ELS OF PROPERTY SITU ATED WITHIN
THE CITY AND SETTING THE PUBLIC HEARING FOR JULY 21, 2022 (BURRTEC SOLID WASTE INDUSTRIES, INC.)

Requested Action: That the City Council adopt Resolution No. 2022-46, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, RECEIVING THE REPORT OF DELINQUENT

ACCOUNTS FOR SOLID WASTE SERVICES PROVIDED BY BURRTEC
SOLID WASTE INDUSTRIES, INC. AND SETTING THE PUBLIC

HEARING FOR ESTABLISHING A LIEN ON CERTAIN PROPERTIES IN

THE AMOUNT OF DELINQUENT SOLID WASTE COLLECTION FEES

DUE FROM THE PROPERTIES

E. CONSIDERATION OF A R ESOLUTION CONFIRMING THE REPORT

OF DELINQUENT SOLID WASTE FEES AND INITI ATING THE

PROCEEDINGS TO MAKE DELINQUENT SOLID WAS TE

COLLECTION SERVICES FEES A SPECIAL ASSES SMENT AND LIEN

AGAINST CERTAIN PARC ELS OF PROPERTY SITU ATED WITHIN
THE CITY AND SETTING THE PUBLIC HEARING FOR JULY 21, 2022 (USA WASTE OF CALIFORNIA, INC.)

Requested Action: That the City Council adopt Resolution No. 2022-47, entitled:

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, RECEIVING THE REPORT OF DELINQUENT

ACCOUNTS FOR SOLID WASTE SERVICES PROVIDED BY USA
WASTE OF CALIFORNIA, INC. AND SETTING THE PUBLIC HEARING

FOR ESTABLISHING A LIEN ON CERTAIN PROPERTIES IN THE

AMOUNT OF DELINQUENT SOLID WASTE COLLECTION FEES DUE

FROM THE PROPERTIES

F. ADOPTION OF A RESOLUTION ESTABLISHING THE FISCAL YEAR 2022-23 APPROPRIATIONS LIMIT

Requested Action: That the City Council adopt Resolution N o. 2022-48, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ESTABLISHING AN AMENDED APPROPRIATIONS LIMIT
FOR THE FISCAL YEAR 202 2-23 PURSUANT TO ARTICLE XIIIB OF

THE CALIFORNIA CONSTITUTION

G. APPROVAL OF THE FISCAL YEAR 2022-2023 LOCAL

RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT WITH THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

1. Requested Actions: That the City Council adopt Resolution No. 2022 -49, entitled:

A RESOLUTION OF THE CITY CO UNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, APPROVING AN

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF

FORESTRY AND FIRE PROTECTION FOR SERVICES FROM
JULY 1, 2022 THROUGH JUNE 30, 2023 FOR FIRE

PROTECTION SERVICES WITHIN THE LOCAL

RESPONSIBILITY AREAS WITHIN THE CITY

2. That the City Council authorize the City Manager to execute the Local Responsibility Area Wildland Protection Reimbursement Agreement with California Department of Forestry and Fire Protection.

H. PURCHASE AND INSTALLATION OF EMPLOYEE WORKSTATIONS

FOR CITY HALL AND JURUPA VALLEY OPERATIONS CENTER
That the City Council approve the purchase and installation of additional workstations at City Hall and the Jurupa Valley Operations Center.

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I. AMENDED AND RESTATED AGREEMENT FOR CONSULTING

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC
ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK

GRANT SERVICES
Requested Action: That the City Council approve the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant Services and authorize the City Manager to execute the Sixth Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.

J. AMENDED AND RESTATED AGREEMENT FOR CONSULTANT

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC
ASSOCIATES, INC. FOR ADMINISTRATION OF THE AFFORDABLE

HOMEOWNER REHABILITATION GRANTS PROGRAM FOR THE
2022-23 FISCAL YEAR

Requested Action: That the City Council ap prove the Amended and Restated Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. for Administration of the Affordable Homeowner Rehabilitation Grants Program and authorize the City Manager to execute the Third Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.

K. AWARD OF PUBLIC SERVICE GRANT APPLICANTS WITH

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS

1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Path of Life Ministries for Homelessness Services for an amount not to exceed $150,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney; and

2. That the City Council approve the Agreement between the City of Jurupa Valley and Family Service Association for the Senior Nutrition Program for an amount not to exceed $16,944 and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

L. ADOPTION OF RESOLU TIONS REGARDING THE ANNEXATION OF

ZONE FF (MONTECITO) TO CITY OF J URUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED (“CITY OF JURUPA VAL LEY L&LMD 89 -1-C”), GENERALLY AT THE

SOUTHEAST CORNER OF MISSION BOULEVARD AND AGATE STREET

INTERSECTION

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1. Requested Action: That the City Council adopt Resolution No. 2022 -50, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY INITIATING PROCEEDINGS FOR THE

ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.
89-1-CONSOLIDATED AS ZONE FF AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY
FOR FISCAL YEAR 2023-2024 PURSUANT TO THE PROVISIONS
OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS

AND HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION

2. That the City Council adopt Resolution No. 2022-51, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY APPROVING THE REPORT OF THE

ENGINEER REGARDING THE PROPOSED ANNEXATION OF

TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE FF AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN THE CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED FOR
FISCAL YEAR 2023-2024

3. That the City Council adopt Resolution No. 2022-52, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY DECLARING ITS INTENTION TO ANNEX

TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE FF AND TO LEVY AND COLLECT

ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR
2023-2024 PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS

CODE AND ARTICLE XIII D OF THE CALIFORNIA

CONSTITUTION AND APPOINTING A TIME AND PLACE FOR

HEARING PROTESTS

M. ADOPTION OF RESOLUTI ONS REGARDING THE AN NEXATION OF

ZONE W (HUDSON COLLE CTION) TO CITY OF JU RUPA VALLEY
LANDSCAPE AND LIGHTI NG MAINTENA NCE DISTRICT NO. 89 -1- CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89-1-C”), WEST OF HUDSON STREET BETWEEN 59TH AND 60TH STREET

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1. Requested Action: That the City Council adopt Resolution No. 2022 -53, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , INITIATING PROCEEDINGS FOR THE

ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.
89-1-CONSOLIDATED AS ZONE W AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY
FOR FISCAL YEAR 2023-2024 PURSUANT TO THE PROVISIONS
OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS

AND HIGHWAYS CODE AND ARTI CLE XIII D OF THE

CALIFORNIA CONSTITUTION

2. That the City Council adopt Resolution No. 2022-54, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , APPROVING THE REPORT OF THE

ENGINEER REGARDING THE PROPOSED ANNEXATION OF

TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE W AND THE LEVY AND

COLLECTION OF ASSESSMENTS W ITHIN THE CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED FOR
FISCAL YEAR 2023-2024

3. That the City Council adopt Resolution No. 2022-55, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , DECLARING ITS INTENTION TO ANNEX

TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE W AND TO LEVY AND COLLECT

ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR
2023-2024 PURSUANT TO THE PROVISIONS OF P ART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS

CODE AND ARTICLE XIII D OF THE CALIFORNIA

CONSTITUTION AND APPOINTING A TIME AND PLACE FOR

HEARING PROTESTS

N. CONFIRM THE AUTOMATIC INCREASE IN THE WESTERN

RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT

CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE

APPLICABLE TO ALL DEVELOPMENTS IN THE PLAN AREA

PURSUANT TO JURUPA VALLEY MUNICIPAL CODE SECTION

3.80.050.D

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Requested Action: That the City Council adopt Resolution No. 2022-56, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY AMENDING RESOLUTION NO. 2021 -24 AND CONFIRMING

THE AUTOMATIC INCREASE IN THE WESTERN RIVERSIDE

COUNTY MULTIPLE SPECIES HABITAT CO NSERVATION PLAN

LOCAL DEVELOPMENT MITIGATION FEE APPLICABLE TO ALL

DEVELOPMENTS IN THE PLAN AREA PURSUANT TO JURUPA
VALLEY MUNICIPAL CODE SECTION 3.80.050. D AND MAKING

FINDINGS ACCORDING TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

15. CONSIDERATION OF AN Y ITEMS REMOVED FROM THE CONSENT

CALENDAR

16. PUBLIC HEARINGS

A. PUBLIC HEARING TO CONSIDER ANNEXATION OF ZONE DD TO

CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION

1. Requested Action: That the City Council open the public hearing and take any public testimony; and

2. That the City Council continue the public hearing to the ne xt available regularly scheduled City Council meeting on June 16, 2022.

B. PUBLIC HEARING TO CONSIDER ANNEXATION OF ZONE 2 -G TO

CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED PURSUANT TO THE PROVISIONS OF PART 2 OF DI VISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION

1. Requested Action: That the City Council open the public hearing and take any public testimony; and

2. That the City Council continue the public hearing to the next available regularly scheduled City Council meeting on June 16, 2022.

17. COUNCIL BUSINESS

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18. CITY ATTORNEY’S REPORT

19. COUNCIL MEMBER REPORTS AND COMMENTS

20. CONVENE TO CLOSED SESSION

A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential purchase of certain real property interests in the real property located at APN 171020001, Pyrite Street between Mission Boulevard and the SR 60 Freeway in the City of Jurupa Valley 92509. The parties to the negotiations for the purchase of the property are: City of Jurupa Valley and Pyrite Investments, LLC. Negotiators for the City of Jurupa are: Rod Butler, Michael Flad and Peter Thorson. Under negotiation are the price and terms of payment for the potential purchase of the property.

21. RECONVENE IN OPEN SESSION

A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED

SESSION

22. ADJOURNMENT
Adjourn to the Regular Meeting of June 16, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332 -6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.

Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.

AGENDA ITEM NO. 13.A
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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
May 19, 2022

1. 5:30 PM - CALL TO ORDER AND ROLL CALL FOR COUNCIL WORKSHOP ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
Mayor Chris Barajas called the Council Workshop to order at 5:32 p.m.

2. FISCAL YEAR 2022-23 BUDGET WORKSHOP
A. DISCUSSION OF FISCAL YEAR 2022-23 ANNUAL CITY BUDGET City Manager Rod Butler provided an overview of the proposed 2022 -23 FY Budget, reporting that there is a significant budget surplus even after adding new employees and adding new programs and services. He indicated that growth in property tax and sales tax revenues are continuing to allow the city to be in a healthier budget situation. The 2022-23 budget reflects the City’s continued effort to transition positions that have been contracted through consulting firms to in - house positions, which results in greater operational control and budget savings.

Mr. Butler described the new development that is driving the current growth in the city. He discussed the current economic uncertainty, noting that City staff will continue to be conservative in projecting revenue . He reported that this budget includes debt service for the new Jurupa Valley Operations Center. He not ed that this budget does not include any allocation of American Rescue Plan Funds, noting that this item will come back once the City receives more information on eligible uses. Staff will come back at mid-year with some ideas for some additional capital projects to be budgeted with surplus revenues from FY 2022-2023.

Connie Cardenas, Administrative Services Director, presented the staff report. Ms.

Cardenas reported on some of the economic indicators such as the annual inflation rate through March 2022, which was 10% in Riverside County. She reported that home prices continue to increase and in the second quarter of 2021, the median home price rose 24.7%. She provided information on the unemployment rate and current interest rates. She gave an over view of the City’s revenues, expenditures, and fund balance. Ms. Cardenas presented the significant budget items for the Council’s consideration.

Further discussion followed.

RETURN TO AGENDA

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Discussion followed regarding the cost of adding two additional motor officers and a report of accident and crime data which would allow the Council to analyze where the current crime and accident trends are occurring.

Discussion followed regarding the number of new housing units that are underway.

Council Member Lorena Barajas Bisbee requested that a report be provided to Council on the estimated number of new households.

Ms. Cardenas discussed current employee benefits. She presented a cost of living proposal and a proposed increase to the health insurance cafeteria allowance.

Discussion followed regarding additional funding to replace the walking path lights on Limonite from Camino Real to Pacific and funding for solar powered stop signs.

Following discussion, the City Council gave direction to staff prior to the final budget adoption at the June 16, 2022 Council meeting.

4. INVOCATION was given by Derek Anderson, Chaplain, Jurupa Valley Sheriff’s Station, Riverside County Sheriff’s Department.

5. PLEDGE OF ALLEGIANCE was led by Peter Thorson.

6. APPROVAL OF AGENDA
A motion was made by Council Member Lorena Barajas Bisbee , seconded by Mayor Pro Tem Leslie Altamirano, to approve the Agenda.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

7. PRESENTATIONS

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8. PUBLIC APPEARANCE/COMMENTS
Penny Newman voiced a concern regarding hazardous materials from the cleanup of the Exide battery site which has been brought into the city and deposited at the Stringfellow Superfund site on Pyrite Street, which was confirmed by staff of the Department of Toxic Substances Control. She requested a full investigation into the actions of the DTSC.

9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. Mayor Chris Barajas gave an update on the Western Community Energy Joint meeting of the Board of Directors and Technical Advisory Committee of May 11, 2022.

2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments Administration & Finance Committee meeting of May 11, 2022.

B. COUNCIL MEMBER LORENA BARAJAS BISBEE

1. Council Member Lorena Barajas Bisbee gave an update on the Western Riverside County Regional Conservation Authority meeting of May 2, 2022.

2. Council Member Lorena Barajas Bisbee gave an update on the Southern California Association of Governments ( SCAG) General Assembly and Business meeting of May 5, 2022.

C. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission meeting of May 11, 2022.

2. Council Member Brian Berkson gave an update on the Northwest Now Coalition meeting of May 12, 2022.

3. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of May 13, 2022.

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D. COUNCIL MEMBER GUILLERMO SILVA

1. Council Member Guillermo Silva gave an update on the Northwest Mosquito and Vector Control District meeting of May 19, 2022.

11. CITY MANAGER’S UPDATE

A. COUNCIL TRAVEL SUMMARY REPORT

Michael Flad, Assistant City Manager provided a report on the attendance of Mayor Pro Tem Leslie Altamirano, Council Member Brian Berkson, and Council Member Guillermo Silva at the California Contract Cities Municipal Seminar in Indian Wells from May 12 – 14, and 15, respectively. Expenses included mileage reimbursement and accommodations. Council Member Lorena Barajas Bisbee attended the Southern California Association of G overnments General Assembly Meeting on May 5 & 6 in Palm Desert. Expenses included travel reimbursement and accommodations.

City Manager Rod Butler announced that at the June 2, 2022 meeting, representatives from Southern California Edison Company will provide a presentation on their wildfire mitigation plan at a 6:00 p.m. Council Workshop.

Mr. Butler discussed the recent news that SCE has paused activities on the Riverside Transmission Reliability Project and the undergrounding of the portion of the project in Jurupa Valley as a result of a study that has been ordered by the Riverside City Council. Further information on the status of the RTRP is available at: www.SCE.com/RTRP. Mr. Butler announced a good news item which is on tonight’s Agenda which is an award of contract for the Mission Boulevard Pavement Rehabilitation Project from Bellegrave to Pyrite, which is a $1.7 million investment to improve Mission Boulevard.

12. APPROVAL OF MINUTES

A. MAY 5, 2022 REGULAR MEETING
A motion was made by Mayor Pro Tem Leslie Altamirano , seconded by Council Member Guillermo Silva, to approve the Minutes of the May 5, 2022 regular meeting.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

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13. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA

Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.

B. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN

WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(e) DURING THE COVID -19

STATE AND LOCAL EMERGENCY

Requested Action: That the City Council adopt Resolution No. 2022-40, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF THE

CITY COUNCIL TO BE HELD WITH A TELECONFERENCE OPTION

FOR MEMBERS OF THE CITY COUNCIL AND THE PUBLIC DUE TO
THE GOVERNOR’S DECLARATION OF EMERGENCY AND THE CITY
COUNCIL’S DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS

AND DETERMINATIONS REGARDING THE SAME

C. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY

OF JURUPA VALLEY AND KEVIN RYAN FOR AMERICAN RESCUE

PLAN ACT ADMINISTRATIVE SERVICES

Requested Action: That the City Council approve an agreement between the City of Jurupa Valley and Kevin Ryan for American Rescue Plan Act administrative consulting services and authorize the City Manager to execute the First Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.

D. CONSIDERATION OF RES OLUTIONS REGARDING T HE ANNUAL

ASSESSMENTS FOR CITY OF JURUPA VALLEY LA NDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1 CONSOLIDATED (JV L&LMD NO. 89-1-C) – CITYWIDE

1. Requested Action: That the City Council adopt Resolution No. 2022 -41, entitled:

A RESOLUTION OF THE CITY OF JURUPA VALLE Y,
ORDERING THE PREPARATION OF THE ENGINEER’S REPORT

REGARDING PROPOSED A SSESSMENTS TO BE LEV IED AND

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COLLECTED FOR FISCAL YEAR 2022-23 WITHIN ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21 , 34, 61, 73, 78, 95 , 102, 106, 126, 12 8, 132, 137, 141, 142, 173, 182, A, C, E, F, G, I, K, L, M, N, O, S, T, U, X, AND Z; AND STREET LIGHTING ZONES 5, 7, 15, 17, 19, 39, 41, 62, 69, 86, 91, 93, 94, 102, 2 -A, 2 -B, 2 -C, 2 -D, 2 -E, AND 2 -F OF CITY OF JURUPA

VALLEY LANDSCAPE AND LIGHTING MAINTENAN CE
DISTRICT NO. 89 -1-CONSOLIDATED PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972

2. That the City Council adopt Resolution No. 2022-42, entitled:

A RESOLUTION OF THE CITY OF JURUPA VALLE Y

DECLARING ITS INTENT ION TO LEVY AND COLL ECT
ASSESSMENTS WITHIN ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21, 34, 61, 73, 78, 95, 102, 106, 126, 128, 132, 137, 141, 142, 173, 182, A, C, D, E, F, G, I, K, L, M, N, O, S, T, U, X, AND Z; AND STREET LIGHTING ZONES 5, 7, 15, 17, 19, 39, 41, 62, 69, 86, 91, 93, 94, 102, 2-A, 2-B, 2-C, 2-D, 2 -E, AND 2 -F OF THE CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTI NG MAINTENANCE DISTR ICT NO.
89-1-CONSOLIDATED PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND

SERVICING OF LANDSCA PING, MULTI -PURPOSE TRAILS,

FENCING, FOSSIL FILTERS, BIO -SWALES, GRAFFITI

ABATEMENT, TRAFFIC S IGNALS, BRIDGE LIGHT S, AND
STREET LIGHTS FOR FI SCAL YEAR 2022 -23; A ND GIVING

NOTICE OF AND SETTIN G THE TIME AND PLACE OF THE

PUBLIC HEARING ON TH E ANNUAL ASSESSMENT AND

ORDERING NOTICE OF T HE PUBLIC HEARING TO BE

PUBLISHED

E. RESOLUTIONS REGARDING THE ANNEXATION OF ZONE EE (TROY

COURT INDUSTRIAL) TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89-1-C”), ON THE WEST SIDE OF TROY COURT

1. Requested Action: That the City Council adopt Resolution No. 2022 -43, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , INITIATING PROCEEDINGS FOR THE

ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENA NCE DISTRICT NO.
89-1-CONSOLIDATED AS ZONE EE AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY
FOR FISCAL YEAR 2023-2024 PURSUANT TO THE PROVISIONS

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OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS

AND HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION

2. That the City Council adopt Resolution No. 2022-44, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , APPROVING THE REPORT OF THE

ENGINEER REGARDING THE PROPOSED ANNEXATION OF

TERRITORY TO CITY OF JURU PA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE EE AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN THE CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED FOR
FISCAL YEAR 2022-2023

3. That the City Council adopt Resolution No. 2022-45, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , DECLARING ITS INTENTION TO ANNEX

TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE EE AND TO LEVY AND COLLECT

ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR
2022-2023 PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS

CODE AND ARTICLE XIII D OF THE CALIFORNIA

CONSTITUTION AND APPOINTI NG A TIME AND PLACE FOR

HEARING PROTESTS

F. AWARD OF CONSTRUCTION AGREEMENT TO ALL AMERICAN ASPHALT, INC. FOR THE MISSION BOULEVARD PAVEMENT REHABILITATION – PHASE II, CIP #21103, FROM BELLEGRAVE AVENUE TO PYRITE STREET IN THE CITY

OF JURUPA VALLEY

1. Requested Action: That the City Council approve and award a construction agreement to All American Asphalt, Inc. in the amount of $1,681,476.50 for the Mission Boulevard Pavement Rehabilitation Project - Phase II, CIP #21103 from Bellegrave to Pyrite (“Agreement”), for the work included in its bid proposal and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney; and

2. Approve a 10% contingency in the amount of $168,147.65 and authorize the City Manager to execute contract change orders not to exceed the total contract amount, pursuant to requirements set forth in the Agreement; and

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3. Re-appropriate $89,000.00 of Gas Tax funds for the City’s On Call Pavement Repair Services, Account No. 54153, to the Project account; and

4. Re-appropriate $116,000.00 of Gas Tax funds from the City’s On Call Striping, Account No. 54151, to the Project account; and

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

A motion was made by Council Member Guillermo Silva, seconded by Mayor Pro Tem Leslie Altamirano, to approve the Consent Calendar.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

15. PUBLIC HEARINGS

A. PUBLIC HEARING TO CONSIDER (1) AN ORDINANCE TO AMEND CHAPTER 3.75 OF THE MUNICIPAL CODE TO CLARIFY THE

METHOD USED FOR CALCULATING DEVELOPMENT IMPACT FEES

FOR RETAIL/SERVICE/OFFICE, BUSINESS PARK, INDUSTRIAL, AND

RESIDENTIAL USES AND COMMERCIAL LODGING AND MIXED USE
DEVELOPMENTS, AND (2) A RESOLUTION TO ADOPT A

DEVELOPMENT IMPACT FEE FOR ACCESSORY DWELLING UNITS,

AND MAKING A FINDING OF EXEMPTION UNDER CEQA
(CONTINUED FROM THE MAY 5, 2022 MEETING)
Staff Report presented by Tim Jonasson, Senior Manager, Development Services.

Mayor Chris Barajas opened the public hearing and called for any public comments.

There being no further comments, the public hearing was closed.

A motion was made to by Council Member Guillermo Silva , seconded by Council Member Lorena Barajas Bisbee , introduce Ordinance No. 2022 -08, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING CHAPTER 3.75 (DEVELOPMENT IMPACT FEE) OF THE

JURUPA VALLEY MUNICIPAL CODE TO CLARIFY THAT THE

METHOD FOR CALCULATING DEVELOPMENT IMPACT FEES FOR

RETAIL/SERVICE/OFFICE, BUSINESS PARK, AND INDUSTRIAL USES

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SHALL BE BASED ON THE SQUARE FOOTAGE OF THE BUILDING,

AND TO CLARIFY THAT FEES FOR RESIDENTIAL USES AND

COMMERCIAL LODGING ARE CALCULATED BASED ON A PER UNIT

BASIS AND THAT FEES FOR MIXED USE DEVELOPMENTS ARE

BASED ON THE COMBINATION OF THE LAND USES, MAKING
CONFORMING REVISIONS TO CHAPTER 3.75, AND MAKING A
FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3) AND
15273(A)(4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

A motion was made by Council Member Guillermo Silva, seconded by Council Member Lorena Barajas Bisbee, to adopt Resolution No. 2022-34, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ADOPTING A D EVELOPMENT IMPACT FE E FOR

ACCESSORY DWELLING U NITS, AND MAKING A F INDING OF
EXEMPTION UNDER SECTIONS 15061(B)(3) AND 15273(A)(4) OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

16. COUNCIL BUSINESS

A. STUDY SESSION: MASTER APPLICATION (MA) NO. 22080 (PAR22013) PROJECT: MIXED -USE DEVELOPMENT PROJECT CONSISTING OF
84 DETACHED CONDOMINIUMS AND A 5.91 -ACRE COMMERCIAL

CENTER LOCATED AT THE CORNER OF VAN BUREN BOULEVARD
AND FELSPAR STREET BOUNDED BY 54 TH STREET TO THE SOUTH, AND 51ST STREET TO THE NORTH (APNS: 169-290-003 & 169-300-016) (APPLICANT: OC INFRA, LLC)

Joe Perez, Community Development Director, stated that no acti on will be taken on this item. Tonight’s Study Session is to allow the City Council to be introduced to the proposed project and to allow the developer to provide any feedback on any concerns or issues that the City Council might have. The project requires a General Plan Amendment and a Zone Change. Should the developer wish to move forward with the project, it would be presented to both the Planning Commission and the City Council at noticed public hearings, which would provide opportunities for members of the public to provide public input.

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Staff Report presented by Reynaldo Aquino, Senior Planner. Mr. Aquino gave an overview of the proposed project . He described the existing zoning and entitlements that would be required to allow the applicant to move forward with the project.

Craig Heaps, representing O.C. Infra, LLC gave a PowerPoint presentation on the proposed mixed-use development. He reported that the project being presented is currently conceptual and they are trying to find the right balance between the project and the existing equestrian community. He presented preliminary plans which include residential and commercial uses. He encouraged members of the community to share their ideas as they are willing to work together to design a project that is mutually agreeable to the community.

Robert Ramirez voiced op position to the proposed mixed-use development as the equestrian community are losing their lifestyle. He feels the community is being “sold out” and the proposed project is a “cancer to the community” as eventually this will spread and the equestrian community will lose their lifestyle.

An identified speaker voiced opposition to the project. He stated that prior City Council members promised that the rural atmosphere of Jurupa Valley would never be taken away from Jurupa Valley.

An unidentified speaker voiced opposition to the project, stating that Jurupa Valley is a very strong community and preserving the horse community will preserve property values and will set Jurupa Valley apart from other cities.

Alfonso Gonzales voiced opposition to the project, stating that Mexican Americans have built the Mexican-American dream which is to be American but to have a little bit of Mexico too and that is what makes Mira Loma special. He voiced concern that the development model proposed is incompatible with that lifestyle.

Renae Rock stated that there is a new grassroots organization that are vehemently opposed to this mixed-use development. This effort also extends to other surrounding areas in Jurupa Valley. She stated that it is up to the Council as they are done being ignored.

An unidentified speaker voiced opposition to the project as all the new housing communities are just building up walls and blocking the views and access to the river for members of the equestrian community.

The following individuals voiced opposition to the project by forwarding an email prior to the public hearing:

John Plew, Christina Fragoso, Gary Conner, Esteban Escobedo, Jorge Vazquez, Bill Welch, Dara DeVicaris, Phil Kusnier, and Cynthia Nakaya.

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Craig Heaps , representing O.C. Infra, LLC , addressed some of the previous comments and stated that he will be reaching out to some of the speakers to discuss the proposed project.

Following discussion, members of the City Council provided input on the proposed mixed-use development. No action was taken.

B. CONSIDERATION OF ANNUAL RATE CEILING ADJUSTMENT
REQUEST FROM BURRTEC WASTE INDUSTRIES, INC.

Staff Report presented by Paul Toor, Director of Public Works. Mr. Toor reported that according to the franchise agreement with Burrtec, they may request an annual rate adjustment request. Mr. Toor noted that the current rate increase submitted by Burrtec will require additional negotiations. He recommended approval of the annual ceiling adjustment of up to 5.00% at this time, which will also include Waste Management customers. Staff will return with an additional rate consideration after further negotiations with Burrtec.

A motion was made by Mayor Pro Tem Leslie Al tamirano, seconded by Council Member Lorena Barajas Bisbee , to approve the annual rate ceiling adjustment of 5.00% for all residential and commercial customers serviced by Burrtec Waste Industries, Inc. per section 17.8 of the Solid Waste Franchise Agreement between the City and Burrtec Waste Industries, Inc.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

C. INITIATION OF AN AME NDMENT TO THE GENERA L PLAN

COMMUNITY SAFETY, SE RVICES, AND FACILITI ES ELEMENT TO

MEET STATE LAW

Staff Report presented by Joe Perez, Community Development Director. Mr. Perez reported that there have been two recent laws passed by the state of California which require certain changes to the City’s General Plan to ensure th at the City addresses concerns related to community safety, wildfires, flooding, and climate change. Before these changes can be made to the General Plan, the City Council must initiate a General Plan Amendment.

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva , to initiate an amendment to the General Plan Community Safety, Services, and Facilities Element to meet state law.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

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17. CITY ATTORNEY’S REPORT

City Attorney Peter Thorson had no report.

18. COUNCIL MEMBER REPORTS AND COMMENTS

Mayor Pro Tem Leslie Altamirano acknowledged County Supervisor Karen Spiegel for participating in the California Con tract Cities conference and for helping to bring more visibility for cities in the Inland Empire.

19. CONVENE TO CLOSED SESSION

A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS

There were no public comments regarding the closed session items.

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City
Council met in closed session pursuant to Government Code Section 54956.8 regarding the potential lease of certain real property interests in the real property owned by the City of Jurupa Valley located a t 5293 Mission B oulevard, Jurupa Valley (Jurupa Valley Operations Center). The parties to the negotiations for the purchase of the property are: City of Jurupa Valley and Riverside Community College District. Negotiators for the City of Jurupa are: Rod But ler, Michael Flad and Peter Thorson. Under negotiation are the price and terms of payment for the potential lease of the property.

C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Elder v. Jurupa Valley, Riverside County Superior Court No. RIC2003464.

20. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED

SESSION
City Attorney Peter Thorson announced that: 1) there was no reportable action under the Brown Act with respect to Item 19.B; and 2) the City Council by a 5 -0 vote decided not to settle the Elder v. Jurupa Valley case described Item 19.C.

21. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 9:41p.m.

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The next meeting of the Jurupa Valley City Council will be held June 2, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

Respectfully submitted,

____________________________
Victoria Wasko, CMC
City Clerk

Page | 1
120
S

TAFF REPORT
DATE: JUNE 2 , 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.B
CHE

CK REGISTERS
RECO

MMENDATION
That
the City Council ratify the check registers dated April 28 and May 4, 11, and 19, 2022 as well as the payroll registers dated April 29 and 30; and May 13, 2022.

The C
ity Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2021- 22 Budget was adopted on June 17, 2021. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.

ANAL
YSIS
All e
xpenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The check register dated April 28 , 2022 includes payment s of $13,281.76 and $53.86 to Chase Card Services. The statement s with purchase details are attached herewith.

HER INFORMATION
N
one.

INANCIAL IMPACT
C
heck registers:
04/
28/22 $ 249,423.65
05/04/22 $ 2,048,971.06
05/11/22 $ 733,414.91

RETURN TO AGENDA

AGENDA ITEM NO. 14.C
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12774-0007\2656363v3.doc
ORDINANCE NO. 2022-08

AN ORDINANCE OF THE CITY OF JURUPA VALLEY
AMENDING CHAPTER 3.75 (DEVELOPMENT IMPACT

FEE) OF THE JURUPA MUNICIPAL CODE TO

CLARIFY THAT THE METHOD FOR CALCULATING

DEVELOPMENT IMPACT FEES FOR

RETAIL/SERVICE/OFFICE, BUSINESS PARK , AND

INDUSTRIAL USES SHALL BE BASED ON THE

SQUARE FOOTAGE OF THE BUILDING , AND TO

CLARIFY THAT FEES FOR RESIDENTIAL USES AND

COMMERCIAL LODGING ARE CALCULATED BASED

ON A PER UNIT BASIS AND THAT FEES FOR MIXED

USE DEVELOPMENTS ARE BASED ON THE

COMBINATION OF THE LAND USES , MAKING
CONFORMING REVISIONS TO CHAPTER 3.75 , AND

MAKING A FINDING OF EXEMPTION UNDER
SECTIONS 15061(B)(3) AND 15273(A)(4) OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

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

Section 1. Findings. The City Council of the City of Jurupa Valley does find determine and declare as follows:
(a) On January 21, 2021, the City Council adopted Resolution No. 2021 -02 approving the “Developm ent Impact Fee Calculation and Nexus Report for the City of Jurupa Valley” approved by the City Council on January 21, 2021” (“Nexus Report”) and the “Master Facilities Plan” referenced therein, and approving the development impact fee s (“DIFs”) calculation;
(b) On February 4, 2021, the City Council adopted Ordinance No. 2021 -02 amending Chapter 3.75 of the Jurupa Valley Municipal Code pertaining to DIFs based on the Nexus Report; and
(c) The City Council now seeks to clarify the method of calculating DIFS for retail/service/office, business park, industrial, and residential uses, along with commercial lodging and mixed use developments to ensure consistency with the Nexus Report.

Section 2. Code Amendment. Section 3.75.060 (Definitions.) of Chapter 3.75 (Development Impact Fee) of Title 3 (Revenue and F inance) of the Jurupa Valley Municipal Code is hereby amended in its entirety to read as follows:
“The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this sec tion, except where the context clearly indicates a different meaning or where the meaning is amended by resolution of the City Council:

RETURN TO AGENDA
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12774-0007\2656363v3.doc
Accessory Dwelling Unit or ADU means an accessory dwelling unit as defined by California Government Code Section 65852.2(j)(1), or as defined in any successor statute.

Attached Dwelling means apartments, townhomes, condominiums or any other living unit that is physically contiguous to (i.e., attached to) any other residential unit and corresponds to a n allowable use within the City’s Land Use designations of Medium-High Density (MHDR), High Density Residential (HDR) , Very High Density (VHDR) , and Highest Density Residential (HHDR).

Business Park Use means research and development activities, warehousing and distribution, light manufacturing/assembly, repair and corporate offices when used in conjunction with other business park uses. These uses correspond to the City’s Land Use designations of Business Park (BP) and Technology and Innovation (LI).

Certificate of occupancy means a certificate of occupancy as defined by Chapter 8.05 or state law.

City means the City of Jurupa Valley.

City Manager means the City Manager of the city or his or her designee.

Credit means a credit allowed pursuant to Section 3.75.140 which may be applied against the DIF.

Commercial and Industrial Use means Business Park Use, Industrial Use, and Retail/Service/Office Use.

Commercial Lodging (keyed) Unit means each room in a hotel, motel, inn or other temporary lodging use that has a separate key or keycard and corresponds to the City’s Land Use designation of Commercial Tourist (CT), and possibly a Specific Plan (SP), and within other areas acceptable for this type of hospitality development.

Development agreement means an agreement entered into between the city and an owner of real property pursuant to California Government Code Section 65864 et seq.

Development impact fees, DIF or fees means the fees imposed pursuant to the provisions of this chapter.

Development project or project means any project undertaken for the purpose of development including the issuance of a permit for construction pursuant to Chapter 8.05.

DIF program means the process of collecting and expending development impact fees.

Facilities and equipment means the public facilities and equipment financed by the DIF program and includes all of the facilities set forth in the Nexus Report and the Master Facilities Plan and any subsequently revisions thereof approved by resolution of the City Council, including the land and right-of-way required for the facilities.
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Final inspection means a final inspection as defined by Chapter 8.05.

Industrial Uses means all businesses engaged in heavy industrial or more intense manufacturing in the Heavy Industrial (Hl) zones.

Low Density Detached Dwelling means a detached residential unit and corresponds to an allowable use within the City's Land Use designations of Small Farm (RR), Ranch (EDR), Rural Community-Low (RC-LDR), Rural Neighborhood (VLDR) and County Neighborhood (LDR).

Master Facilities Plan means the list of needed public facilities referenced in the Nexus Report and approved by the City Council.

Medium Density Detached Dwelling means a detached residential unit and corresponds to an allowable use within the City's Land Use designations of Medium Density Residential (MDR) and construction of detached Medium -High Density (MHDR) and High Density Residential (HDR).

Mobile Home Dwelling Units means mobile home dwelling units in a mobile unit setting.

These units correspond to an allowable use within the City's Land Use designations of Very High Density Residential Density. A manufactured dwelling unit outside of a mobile home park -like setting would be considered either a Low Density Detached Dwelling or a Medium Density Detached Dwelling depending on the City’s land use designation.

Nexus Report means the “Development Impact Fee Calculation and Nexus Report for the City of Jurupa Valley” and the “Master Facilities Plan” approved by the City Council on January 21, 2021.

Primary Dwelling Unit means the existing or proposed single -family dwelling or multi- family dwelling on the lot where an ADU would be located.

Residential Dwelling means Low Density Detached Dwellings, Medium Density Detached Dwellings, Attached Dwellings and Mobile Home Dwelling Units.

Retail/Service/Office Use means general type of commercial services ranging from neighborhood, local and regional shopping outlets. These uses correspond with the City’s Land Use designation of Commercial Retail (CR), Commercial Neighborhood (CN) and Commercial Office (CO).

Revenue or revenues means any funds received by the city pursuant to the provisions of this chapter for the purpose of defraying all or a portion of the cost of the facilities set forth in the public facilities needs report, purchasing regional parkland, and preserving habitat and open space. ”
Section 3. Code Amendment . Section 3.75.080 (Imposition of DIF .) of Chapter 3.75 (Development Impact Fees) of Title 3 (Revenue and Finance) of the Jurupa Valley Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
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12774-0007\2656363v3.doc
“Section 3.75.080 Intentionally deleted.”
Section 4. Code Amendment. Section 3.75.10 0 ( Payment of DIF .) of Chapter 3.75 (Development Impact Fees) of Title 3 (Revenue and finance) of the Jurupa Valley Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“(1) For Commercial Lodging (keyed) Units and Commercial and Industrial Uses, DIF shall be paid prior to the issuance of a building permit. The DIF shall be paid at the time a certificate of occupancy is issued for the development project or upon final insp ection, whichever occurs first. However, this section shall not be construed to prevent payment of the DIF prior to issuance of an occupancy permit or final inspection. The DIF may be paid at the time application is made for a building permit.
(2) DIFs shall be assessed one (1) time per lot or parcel except in cases of changes in land use. DIF for changes in land use shall be reduced by the amount of any previously paid DIF for that property, and no refunds will be provided for changes in land use to a lower fee category. It shall be the responsibility of the applicant to provide documentation of any previously paid DIF. DIFs for commercial and industrial development projects shall be paid in its entirety for the project area and shall not be prorated.

(3)The DIF required to be paid shall be the fee amounts in effect at the time of payment.
(4) There shall be no deferment of the DIF beyond final inspection or issuance of certificate(s) of occupancy, except as provided by law. (5) Notwithstanding any other written requirements to the contrary, the DIF shall be paid whether or not the development project is subject to city conditions of approval imposing the requirement to pay the DIF.
(6) If all or part of the development project is sold prior to payment of the DIF, the property shall continue to be subject to the requirement for payment of the DIF as provided herein.
(7) For development projects which the city does not require a final inspection or issue a certificate of occupancy, the DIF shall be paid pri or to any use or occupancy.
(8) DIFs for Residential Dwellings s hall be due and payable in accordance with Government Code Section 66007, upon the issuance of a building permit; provided, however, that the DIFs imposed may be deferred until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, pursuant to a written agreement, entered into and recorded in accordance with Government Code Section 66007(c).”
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Section 5. Code Amendment. Section 3.75.110 (Acreage based DIF .) of Chapt er 3.75 (Development Impact Fee) of Title 3 (Revenue and Finance) of the Jurupa Valley Municipal Code is hereby renamed as “Method of Calculating DIF” and is amended in its entirety to read as follows:
“(1) D evelopment impact fees for Commercial and I ndustrial Uses shall be computed on the basis of the square footage of building area, subject to modification by resolution of the City Council . The building area shall be determined or verified by city staff bas ed upon the applicant's site plan as submitted to the City.
(2) Development impact fees for Residential Dwellings shall be computed based on a per dwelling unit basis, subject to modification by resolution of the City Council.
(3) Development impact fees for Commercial Lodging (keyed) Units shall be based on a per unit basis, subject to modification by resolution of the City Council.
(4) Development impact fees for mixed use developments shall be based upon the combination of t he above land -use development impact fees. As an example, for a mixed use development consisting of Commercial Retail (CR) and Very High Density Residential (VHDR) project, the DIF would consist of the combination of the number of square feet of Commercia l Retail/Service/Office and the number of Attached Dwellings included in the mix-use.”
Section 6. Code Amendment. Section 3.75.130 (Exemptions .) of Chapt er 3.75 (Development Impact Fee) of Title 3 (Revenue and Finance) of the Jurupa Valley Municipal Code is hereby amended in its entirety to read as follows:
“The following types of construction shall be exempt from the provisions of this chapter:
(1) Reconstruction of a Residential Dwelling, Commercial or Industrial Use, or Commercial Lodging (keyed) Units damaged or destroyed by fire or natural causes; (2) Rehabilitation or remodeling of an existing Residential Dwelling, Commercial or Industrial Use;
(3) Additions to an existing single family residence;
(4) The location or installation of a Mobile Home Dwelling Unit , without a permanent foundation, on any site. The DIF required under this chapter shall not be applicable to a site preparation permit or an installation permit for a mobile home without a permanent foundation. No site preparation permit or installation permit for a mobile home with a permanent foundation shall be issued after January 22, 1989, except upon the condition that the development impact fees required by this -6-
12774-0007\2656363v3.doc
chapter be paid; provided, however, in those instances where a site preparation permit or an installation permit has been previously issued for a site and the development impact fees have been paid, the DIF required under this chapter shall not be applicable to a site preparation permit or an installation permit for a Mobile Home Dwelling U nit with a permanent foundation. Further, in those instances where an installation permit was issued prior to January 22, 1989, for a Mobile Home Dwelling Unit without a permanent foundation and a site preparation permit or installation permit is subsequently requested for the construction of a permanent foundation for said existing mobile home, the DIF required under this chapter shall not be applicable to the permit subsequently issued for the construction of said permanent foundation; and
(5) To the extent required by State law, Accessory Dwelling Units that are less than 750 square feet in size.”
Section 7. California Environmental Quality Act Findings. This ordinance was reviewed in accordance with the criteria contained in the California Environmental Quality A ct (“CEQA”) and the State CEQA Guidelines. The City Council finds that adoption of this ordinance will not have a significant impact on the environment and is exempt from CEQA pursuant to Section 15061(b)(3) of State CEQA Guidelines because the amendments to Chapter 3.75 of the Jurupa Valley Municipal Code pertain to the method of calculating development impact fees and do not approve any actual development projects. In addition, the adoption of this ordinance approves and sets forth a procedure for determining fees for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas and is statutorily exempt from CEQA pursuant to State CEQA Guidelines 15273(a)(4). Therefore the adoption of this ordinance does not have the potential for causing a significant effect on the environment.

Section 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Jurupa Valley hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 9. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

PASSED, APPROVED , AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 2022.

______________________________
Chris Barajas
Mayor
-7-
12774-0007\2656363v3.doc
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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 Ordinance No. 2022-08 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 19th day of May, 2022, and thereafter at a regular meeting held on the 2nd day of June, 2022, 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 2nd day of June, 2022. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

Page | 1
120

STAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.D
CO

NSIDERATION OF A RESOLUTION CONFIRMING THE REPORT OF

DELINQUENT SOLID WASTE FEES AND INITIATING THE

PROCEEDINGS TO MAKE DELINQUENT SOLID WASTE COLLECTION

SERVICES FEES A SPECIAL ASSESSMENT AND LIEN AGAINST

CERTAIN PARCELS OF PROPERTY SITUATED WITHIN THE CITY AND SETTING THE PUBLIC HEARING FOR JULY 21, 2022 (BURRTEC
SOLID WASTE INDUSTRIES, INC.)
RECO

MMENDATION
1) That
the City Council adopt Resolution No. 2022-46, entitled:

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, RECEIVING THE REPORT OF DELINQUENT ACCOUNTS FOR

SOLID WASTE SERVICES PROVIDED BY BURRTEC SOLID WASTE
INDUSTRIES, INC. AND SETTING THE PUBLIC HEARING FOR

ESTABLISHING A LIEN ON CERTAIN PROPERTIES IN THE AMOUNT OF

DELINQUENT SOLID WASTE COLLECTION FEES DUE FROM THE

PROPERTIES
BAC

KGROUND
B
urrtec Waste Industries, Inc. (“Burrtec”) provides comprehensive solid waste collection service in a portion of the City. For delinquent accounts, a lien may be placed on the property tax bills through the Riverside County Tax Collector’s office in accordance with Jurupa Valley Municipal Code Sections 6.80.080 through 6.80.150 and with the franchise agreement with Burrtec.

ANAL
YSIS
B
urrtec has reported to the City that there are 881 delinquent accounts for solid waste collection. In accordance with Section 6.80.090. D, Burrtec has submitted to the City a

RETURN TO AGENDA
Page | 2

verified written statement containing the specific facts relating to the delinquencies which sets forth the names of the owners, the addresses of the dwelling service, the period of service, the amounts due and the steps taken to secure the payment. The Director of Public Works has reviewed the information received from Burrtec regarding the delinquencies and has prepared a report to the City Council on the delinquencies as provided in Section 6.80.120 (the “Report”). The Report is on file in the Office of the City Clerk.

To meet the County’s anticipated submittal deadline of August 10, 2022 to place liens on the property tax rolls, the following steps need to be taken:

• Send notification letters to the delinquent accounts listed in the report alerting them of the plan to place the delinquent charges on the property tax roll and provide them an additional opportunity to pay. The last date to pay before placement on the tax rolls is July 7, 2022.

• Present to the City Council the list of properties that meet the criteria for placement of liens with the County and hold a public hearing on July 21, 2022 to approve the levy.

FINANCIAL IMPACT

The levy is comprised of accounts in which the account owner is the same as the current property owner per the County secured tax roll. The total levy amount for the Fiscal Year 2022-23 is $334,626.07. Burrtec has 881 delinquent accounts as of May 18, 2022. The City of Jurupa Valley charges $65.00 per parcel administrative fees. These charges ($57,265.00) are added to the levy amount and collected by the County of Riverside.

Property owners may pay any outstanding amount prior to July 7, 2022 to avoid liens.

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

Page | 3

Prepared by: Reviewed by:

___________________________

__________________________
Andrea Mejia Paul Toor
Senior Management Analyst

Public Works Director/City Engineer

Reviewed by: Reviewed by:

___________________________

__________________________
Connie Cardenas Michael Flad
Administrative Services Director Assistant City Manager

Approved as to form: Submitted by:

___________________________

__________________________
Peter M. Thorson Rod B. Butler
City Attorney

City Manager

Attachments:

A. Burrtec Preliminary Delinquency Report

B. City Council Resolution No. 2022-46

Page | 1
120

STAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.D
CO

NSIDERATION OF A RESOLUTION CONFIRMING THE REPORT OF

DELINQUENT SOLID WASTE FEES AND INITIATING THE

PROCEEDINGS TO MAKE DELINQUENT SOLID WASTE COLLECTION

SERVICES FEES A SPECIAL ASSESSMENT AND LIEN AGAINST

CERTAIN PARCELS OF PROPERTY SITUATED WITHIN THE CITY AND SETTING THE PUBLIC HEARING FOR JULY 21, 2022 (BURRTEC
SOLID WASTE INDUSTRIES, INC.)
RECO

MMENDATION
1) That
the City Council adopt Resolution No. 2022-46, entitled:

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, RECEIVING THE REPORT OF DELINQUENT ACCOUNTS FOR

SOLID WASTE SERVICES PROVIDED BY BURRTEC SOLID WASTE
INDUSTRIES, INC. AND SETTING THE PUBLIC HEARING FOR

ESTABLISHING A LIEN ON CERTAIN PROPERTIES IN THE AMOUNT OF

DELINQUENT SOLID WASTE COLLECTION FEES DUE FROM THE

PROPERTIES
BAC

ANAL
YSIS
B
urrtec has reported to the City that there are 881 delinquent accounts for solid waste collection. In accordance with Section 6.80.090. D, Burrtec has submitted to the City a

RETURN TO AGENDA
Page | 2

To meet the County’s anticipated submittal deadline of August 10, 2022 to place liens on the property tax rolls, the following steps need to be taken:

• Present to the City Council the list of properties that meet the criteria for placement of liens with the County and hold a public hearing on July 21, 2022 to approve the levy.

FINANCIAL IMPACT

Property owners may pay any outstanding amount prior to July 7, 2022 to avoid liens.

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

Page | 1
120

STAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.E
CO

NSIDERATION OF A RESOLUTION CONFIRMING THE REPORT OF

DELINQUENT SOLID WASTE FEES AND INITIATING THE

PROCEEDINGS TO MAKE DELINQUENT SOLID WASTE COLLECTION

SERVICES FEES A SPECIAL ASSESSMENT AND LIEN AGAINST

CERTAIN PARCELS OF PROPERTY SITUATED WITHIN THE CITY AND SETTING THE PUBLIC HEARING FOR JULY 21, 2022 (USA WASTE OF CALIFORNIA, INC.)
RECO

MMENDATION
1) That
the City Council adopt Resolution No. 2022-47, entitled:

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, RECEIVING THE REPORT OF DELINQUENT ACCOUNTS FOR SOLID WASTE SERVICES PROVIDED BY USA WASTE OF CALIFORNIA, INC.

AND SETTING THE PUBLIC HEARING FOR ESTABLISHING A LIEN ON

CERTAIN PROPERTIES IN THE AMOUNT OF DELINQUENT SOLID WASTE

COLLECTION FEES DUE FROM THE PROPERTIES
BAC

KGROUND
USA W
aste of California , Inc. (“Waste Management ”) provides comprehensive waste collection service in a portion of the City. For delinquent accounts, a lien may be placed on the property tax bills through the Riverside County Tax Collector’s office in accordance with Jurupa Valley Municipal Code Sections 6.80. 080 through 6.80.150 and with the franchise agreement with Waste Management.

ANAL
YSIS
W
aste Management has reported to the City that there are 220 delinquent accounts for solid waste collection. In accordance with Section 6.80.090.D, Waste Management has submitted to the City a verified written statement containing the specific facts relating to

RETURN TO AGENDA
Page | 2

the delinquencies which sets forth the names of the owners, the addresses of the dwelling service, the period of service, the amounts due and the steps taken to secure the payment. The Director of Public Works has reviewed the information received from Waste Management regarding the delinquencies and has prepared a report to the City Council on the delinquencies as provided in Section 6.80.120 (the “Report”). The Report is on file in the Office of the City Clerk.

To meet the County’s anticipated submittal deadline of August 10, 2022 to place liens on the property tax rolls, the following steps need to be taken:

• Present to the City Council the list of properties that meet the criteria for placement of liens with the County and hold a public hearing on July 21, 2022 to approve the levy.

FINANCIAL IMPACT

The levy is comprised of accounts in which the account owner is the same as the current property owner per the County secured tax roll. The total levy amount for the Fiscal Year 2022-23 is $107,692. Waste Management has 220 delinquent accounts as of May 18 , 2022. The City of Jurupa Valley charges $65.00 per parcel administrative fees . These charges ($14,300.00) are added to the levy amount and collected by the County of Riverside. Property owners may pay any outstandi ng amount prior to July 7, 2022 to avoid liens.

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

Page | 1
120

STAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.F
ADO

PTION OF A RESOLUTION ESTABLISHING THE FISCAL YEAR
2022-23 APPROPRIATIONS LIMIT
RECO

MMENDATION
1) That
the City Council adopt Resolution No. 2022-48, entitled:

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ESTABLISHING AN AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2022- 23 PURSUANT TO ARTICLE XIIIB OF THE

CALIFORNIA CONSTITUTION

BACKGROUND
The A
ppropriations Limit is a state-mandated calculation which is required to be approved each year by the City Council by July 1st for the new fiscal year. The Appropriations Limit sets the annual cap for spending tax proceeds. Based on the calculations attached to the Resolution (Exhibit A for 2022-23 and Exhibit B for 2021-22), the City is under the cap for FY 2022-23 by $3,048,230.

INANCIAL IMPACT
Thi
s resolution sets the FY 2022-23 Appropriations Limit at $49,232,010.

TERNATIVES

1. N
one. The Appropriations Limit is required to be set by state law.

RETURN TO AGENDA

-1-

RESOLUTION NO. 2022-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, ESTABLISHING AN AMENDED
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2022-23

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA

CONSTITUTION

WHEREAS, in June of 1990, the voters of the State of California enacted Proposition 111, "The Traffic Congestion Relief and Spending Limitation Act of 1990; and

WHEREAS, this Act amended Article XIIIB of the Constitution of the State of California regarding spending limitations of cities; and

WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including this City, shall not exceed the appropriation limit of such entity of government for the prior year, adjusted for changes in the cost of living or personal income and population, except as otherwise provided for in said Article XIIIB and implementing State Statutes; and

WHEREAS, pursuant to said Article XIIIB of said California Constitution, and Section 7900 et seq. of the California Government Code, the City is required to set its appropriation limit for each fiscal year; and

WHEREAS, the Director of Administrative Services of the City of Jurupa Valley has caused a technical review to be made of the documentation for the City's said appropriation limitation, and has caused the numbers upon which the City's appropriation limit is based to be researched and said limit to be calculated; and

WHEREAS, based on such calculations, as described in the attached documentation as Exhibit A, the Director of Administrative Services has determined the said appropriation limit and, pursuant to Section 7910 of the said California Government Code, has made available to the public the documentation used in the determination of said appropriation limit; and
WHEREAS, the City Council elects to utilize said calculations which are attached for reference.

Section I. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jurupa Valley, California, that said appropriation limit for Fiscal Year 2022-23 shall be adopted in the amount of $49,232,010 for said Fiscal Year. -2-

Section 2. The City Clerk shall certify as to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 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. 2022-48 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 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 2nd day of June, 2022.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

A-1

Exhibit A

Appropriations Subject to Gann Limit *
Property Tax 8,084,295
SB 130 Revenue 8,939,826
Sales Tax 23,980,065
Franchise Taxes - Utilities 1,848,385
Franchise Taxes - Solid Waste 2,450,803
Trash Liens - Administrative Fees 53,040
Transient Occupany Tax (TOT) 200,000
Property Transfer Tax 465,000
Interest Earnings 162,366
Total Unadjusted Appropriations subject to the Limit 46,183,780$ Adjustments for Appropriations Not Subject to Gann Limit * Debt Service -
Qualified Capital Outlays -
Total Adjustment -$
Total Adjusted Appropriations subject to the Limit 46,183,780$ Calculation of the Gann Limit and the Gap
Prior Year (FY 2021-22) Gann Limit (as corrected***) 45,789,664$ Adjustment Factor (from State Department of Finance)** 1.0752 Price factor 1.0755 x Population factor 0.9997
Gann Limit for FY 2022-23 49,232,010$
Projected appropriations are below the limit by: 3,048,230$ * Source: FY 2022-23 Preliminary Budget
** This is a Rounded Factor. The non rounded amount was used to calculate GAAN Limit 2021-22 *** Presented as Exhibit B
City of Jurupa Valley
FY 2022-23 Tax Appropriations Subject to the Gann Limit B-1

Exhibit B

Appropriations Subject to Gann Limit *
Property Tax 7,992,196
SB 130 Revenue 8,691,579
Sales Tax 19,175,531
Franchise Taxes - Utilities 1,830,085
Franchise Taxes - Solid Waste 2,284,585
Trash Liens - Administrative Fees 53,040
Transient Occupany Tax (TOT) 200,000
Property Transfer Tax 465,000
Interest Earnings 163,346
Total Unadjusted Appropriations subject to the Limit 40,855,362$ Adjustments for Appropriations Not Subject to Gann Limit * Debt Service -
Qualified Capital Outlays -
Total Adjustment -$
Total Adjusted Appropriations subject to the Limit 40,855,362$ Calculation of the Gann Limit and the Gap
Prior Year (FY 2020-21) Gann Limit 42,866,584$
Adjustment Factor (from State Department of Finance)** 1.0682 Price factor 1.0573 * Population factor 1.0103
Gann Limit for FY 2021-22 45,789,664$
Projected appropriations are below the limit by: 4,934,302$ * Source: FY 2021-22 Preliminary Budget
** This is a Rounded Factor. The non rounded amount was used to calculate GAAN Limit 2021-22 City of Jurupa Valley
Corrected FY 2021-22 Tax Appropriations Subject to the Gann Limit Page | 1
120
S

TAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 14.G
APPROVAL OF THE FISCAL YEAR 2022 -2023 LOCAL

RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
RECO

MMENDATION
1) Requested Actions: That the City Council adopt Resolution No. 2022- 49, entitled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING AN AGREEMENT WITH THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
FOR SERVICES FROM JULY 1, 20 22 THROUGH JUNE 30, 202 3 FOR

FIRE PROTECTION SERVICES WITHIN THE LOCAL RESPONSIBILITY

AREAS WITHIN THE CITY
2) That the City Council authorize the City Manager to execute the Local Responsibility Area Wildland Protection R eimbursement A greement wit h C
alifornia Department of Forestry and Fire Protection.

BACKGROUND
The City currently contracts with the California Department of Forestry and Fire Protection (CALFIRE) for fire protection of designated wildland area that is within the boundaries of the City. The continuation of coverage requires City Council adoption of a resolution and appropriation of funding on an annual basis. Wildland areas that are within incorporated cities, fire protection districts, and special districts with fire suppression responsibility are referred to as Local Responsibility Areas (LRA). All fire suppression activities within LRA wildland areas are the responsibility of the local agency.

RETURN TO AGENDA
Page | 2

Following the May 24, 2021 fire, CALFIRE staff began a detailed assessment of the entire City of Jurupa Valley wildland area included in the Wildland Protection Agreement and areas of risk that were not part of the May 6, 2021 Agreement. An increase of 806 acres of protected area, for a new total of 7,049 acres, was recommended and included in the revised Agreement. The cost of the additional 806 acres was $30,288.96 and was already included in the Fiscal Year 2021- 22 budget adopted by the City Council. A new Agreement, replacing the original agreement, was approved on October 21, 2021 to increase the area that is protected.

ANALYSIS
Wildland fires within the City are frequent. Wildland fires are considered one of the highest natural disaster risks the City faces. Because the City is located in an extremely dry and wind prone area, it is not uncommon for fires to grow beyond the capacity of resources assigned to protect the City. When a wildland fire grows in size beyond the ability and capability of local resources, assistanc e is requested from CALFIRE to provide wildland engine companies, inmate hand crews, bulldozers and aircraft. Without an agreement for protection of wildlands within an LRA between the City and the State of California, these additional resources are consid ered “assistance-by-hire” and the City is liable for the cost from the time of dispatch.

Within the City there are 7,049 acres designated as wildlands subject to the LRA designation. This 7,049 acre area includes the Pedley Hills, Rattlesnake Mountain and portions of Indian Hills, the Santa Ana Riverbed and the southern border of the City between Van Buren Boulevard and the 15 Freeway, just north of the City of Riverside boundary. In an effort to reduce the City's liability for the cost of wildland fire suppression in the LRA, the C ity has annually renewed a Local Responsibility Area Wildland Fire Protection Agr eement (Agreement) with CALFIRE. This Agreement will provide state resources to control a wildland fire at no additional cost to the city. CALFIRE will provide fire protection to the LRA as if they were still the sole agency with fire suppression responsibility. This Agreement will provide unlimited use of state engine companies, inmate hand crews, bulldozers and aircraft to supplement the daily level of fire protection provided to the City by the County of Riverside.

CONCLUSION
Staff recommends adoption of Resolution No. 2022-49 and authorization for the City Manager to execute the Agreement. The attached Agreement is for one year, July 1, 2022 through June 30, 2023.

FINANCIAL IMPACT

The cost to enter into the Agreement with CALFIRE is $30.82 per acre plus a 12.01% administrative charge. The total annual cost for the 7,049 acres being covered is $243,341.93 and has been included in the Fiscal Year 2022-23 budget.

-1-
RESOLUTION NO. 2022-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, APPROVING AN

AGREEMENT WITH THE CALIFORNIA DEPARTMENT

OF FORESTRY AND FIRE PROTECTIO N FOR
SERVICES FROM JULY 1, 2022 THROUGH JUNE 30,
2023 FOR FIRE PROTECTION SERVICES WITHIN THE

LOCAL RESPONSIBILITY AREAS WITHIN THE CITY

WHEREAS, the City of Jurupa Valley was incorporated on July 1, 2011, as a general law city of the State of California; and

WHEREAS, the City now has fire protection responsibility for certain wildlands areas within the city designated as Local Responsibility Areas (LRA); and

WHEREAS, the City Council desires to enter into an agreement with the State of California for fire protection services within the LRA.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Jurupa Valley does hereby approve the agreement with the California Department of Forestry and Fire Protection (CAL F IRE) for the period July 1, 2 022 through June 30, 2023 ; and

BE IT FURTHER RESOLVED, that the City Manager of the City of Jurupa Valley is hereby authorized to sign and execute said agreement on behalf of the City of Jurupa Valley.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 2022 .

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk
-2-

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 t he foregoing Resolution No. 2022 -49 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 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 2nd day of June , 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

STATE OF CALIFORNIA

COOPERATIVE FIRE PROGRAMS

LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
LG-W REV 3/2022

AGREEMENT NUMBER 3CA05805
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Jurupa Valley

2. The term of this Agreement is: July 1, 2022 through June 30, 2023

3. The maximum amount of this Agreement is: $ 243,341.93 Two hundred forty three thousand, three hundred forty one dollars and ninety three cents

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C* – General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E – Additional Provisions 12 pages
*Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.

General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Jurupa Valley
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Rod Butler, City Manager

ADDRESS
8930 Limonite Ave. Jurupa Valley, CA 92509

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature)

DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Bret Gouvea, Assistant Deputy Director, Cooperative Fire Protection, Safety, Training, and EMS ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
Contractor Name: City of Jurupa Valley
Contract No: 3CA05805
- 2 -

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA

1. The project representatives during the term of this Agreement will be:

CAL FIRE Unit Chief: Riverside Unit Local Agency: City of Jurupa Valley Name: Bill Weiser Name: Rod Butler
Phone: 951-940-6900 Phone: 951-332-6464
Fax: 951-940-6910 Fax: 951-332-6995
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Bill Weiser Local Agency: City of Jurupa Valley Section/Unit: Riverside Unit Section/Unit: City Manager Attention: Scott Lane Attention: Rod Butler
Address: 210 W. San Jacinto Av.

Perris, CA 92570
Address: 8930 Limonite Av.

Jurupa Valley, CA 92509
Phone: 951-940-6900 Phone: 951-332-6464
Fax: 951-940-6910 Fax: 951-322-6995
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

2. AUTHORIZATION
This Agreement is entered into this 1st day of July, 2022, by and between the State of California, hereinafter called STATE and City of Jurupa VAlley, County of Riverside, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word “Contractor” that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.

Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.

3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 7049 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area.

STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas.

Contractor Name: City of Jurupa Valley
Contract No: 3CA05805
- 3 -

4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.

B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.

C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.

5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.

B. STATE response will be subject to availability of resources.

C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.

D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.

6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.

7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.

Contractor Name: City of Jurupa Valley
Contract No: 3CA05805
- 4 -

EXHIBIT B

BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION

1. Invoicing and Payment:

A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 30.82 per acre, plus an 12.01% administrative charge for a total of $243,341.93 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.

B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE’s obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.

C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.

2. Budget Contingency Clause

A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

Contractor Name: City of Jurupa Valley
Contract No: 3CA05805
- 5 -
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Contractor Name: City of Jurupa Valley
Contract No: 3CA05805
- 6 -

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.

2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.

3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.

4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.

5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.

6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party.

Contractor Name: City of Jurupa Valley
Contract No: 3CA05805
- 7 -

EXHIBIT E

ADDITIONAL PROVISIONS
Attachments
Budget Plan
Topographic Map
Operating Plan
Annual Report
City of Jurupa Valley
3CA05805
Page #: 8
39013

AND THE CITY/TOWN OF A LOCAL AGENCY
Number of Acres 7049
General Fund Reimbursement 12.97$ 91,425.53 $
Unit Budget 17.85 $ 125,824.65 $
Sub-Total 217,250.18 $
Admin Rate 12.01% 26,091.75 $
Total Protection Cost 243,341.93 $
FOR THE 2022/2023 FISCAL YEAR

LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #)
Contract Name:

Contract #:

Comments Section:

AGREEMENT COST CALCULATIONS:

THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)

WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE

STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) Corona
CITRUS
MARKET
LIME

OLIVEWOO
D

JACKSON
BELL

CYPRESS

UNIVERSITY
JANE
HORACE

LARCHWOOD
6TH
DEANZ
A
AN
N
A

OAKWOOD

MERRILL

BANDINI
AVALON
TERR
ACIN
A
SOTO
13TH
4TH5TH

RIVERSIDE
SAN
DIEGO

VILLAGE

PHOENIX
11TH
9TH
8TH
HILL
SIDE

CENTRAL
10TH
JONES
SAN
TA ANA

RI VERTRAIL

MISSION
7THBAN
AN
A

REDWOOD

RORIMER

LIVE OA K

MADISON

ARMSTRONG

BROCKTONPALM

JEFFERSON
ORANGE
ADAMS

MAGNOLIA
POPLAR
RUM
SEY
VIC
TORIA

VICTORIA
MARLAY
CAM
INO
REAL
JURUPA

VAN BUREN
CEDAR

STREETER
IND
IAN
A

CALIFORNIA

LA SIERRA
VAN
BUREN
LA RUE
RUTILE
VERDE

ARLINGTON
5 6TH
OPAL

PHILBIN
DOOL
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WELL S

ARLINGTON
AR
LINGTO
N
JURUPA

COLORADO

ARLINGTON
CAMINO
REAL

C HERRY CHE RRYMULBERRY

ISL A ND
HY 91

VALLEY VIEW

SANTA A
NA
RIVER
TRAIL

CENTRAL

GEMENDE

WALLACE

MISSION

LINARES

LINCOLN

TWINING

BALDWIN
WIN
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TEQUESQUI TE

LAK ESIDE
PEPPER

MISSION
E VE

BELLEGRAVE
AVENUE
JUAN

BAUTISTA

CALIFORNIA

PHILADELPHIA
24TH

PACIFIC

LIMONITE
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RIVERVIEW
EL
PA
LOM
INO

JUR UPA
CLAY

MILLIKEN
PARK

ETIWANDA

LIMONITE

MILLIKEN
ARCH
VALLEY
RU
TLAND
GREE N
VIST A
CANTU

GALLEA NO RANCH

MISSION

GARFIELD

RUBIDOUX
34TH

EL RIVINO
S ILV
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AKE
S
MARTIN
WA
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RI
N
G

RI V ER
G L EN
AVE
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JUAN D
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TYROLITE S E DO
NA
M
ITCHE
LL
MONT

ICE LLO

CANTEBURY
61ST

MARLATT

LIVE OAK

SKYVIEW
TILTON
54TH
GRAMER
CY
RODEO

CAMPBELL
LO NG
VIE W
LOCUS
T
WELL
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RI
NGS
GALAXY
BABB

LONG VIEW

RIMCRES
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MARKET

MARGUERITA
DELL
GR
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CREEK
CACTUS

WEEP I NG

WILL O W
PINE

HALBROOK

ALHAMBRA
RU
BIDOUX
A
M
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ONRI
VER

GRANADA

MISSION

BEN NEVIS
STEVE
CORONA
GAIL
PE

A CHT R
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MOUNT

RUBIDOU
X

OAKDALE
68TH
GALENA
59TH
44TH
J
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GLEN
DEWEY
H
ALL
HAMNER
34TH
TOW
ER
45TH
64TH
CA
MBRIA
65TH
CREST

WHITNEY
KAREN
44TH
EME RY
6TH

JUR UPA
63RD
PAT
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RANC
H SU
N
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Y
CEDAR

KENN EDY
IBERIA
AGATE
GREENS
GLEN
ST
OVER
ALDE
R
CR

ESTVIEW
14TH
SCENIC
BAIN
JEWEL
COUNTR
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VILLAGE

FLORINE

MISSIO N
ROCK
PANSY
RIVERA
OAK
GRAND

RA NCHO

JU RUPA
PA RK
EL
MWOOD
CAM
PBELL
V EGA
BEACH
KELLER

FELSPAR
MOU NT
SHASTA
GOLF
MAR
KET
HO
LMES

LUCRETIA
58TH

PARKCENTER
ESSEX
OCASA
LA
CA
NADA
DE
FOREST
MARTIN

REXFORD
HALL
28TH
MIA
7TH
51ST
WESTE
RN
RATHKE
JO JO
DUNDEE
60TH
LANDON
HOT
CR
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PEDLEY
PYRITE

HASTINGS
52ND
50TH
STONE
MIST
CITRUS
FREM
ONT
CANAL

FELSPAR
ASH 55TH
63RD

CLIF TON
VERNON
GALENA
BRUCE
I V Y
65TH
53RD
SIERRA
56TH

ARLINGTON

SCHOLAR
FORT
58TH
PEDLEY
CHADBO
URNE
SIERRA
CEDA
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TEMESCAL
54TH

N I XON
GAYLO
RD

COLUMBUS

COMMERCE
58TH

RIVERBOAT

SERENDIPITY
BOLD
RULER
MOLLY

HILLSIDE
20TH
SADDLE
C REEK

KENNETH

D ERB Y
58TH
TYLER
3RD
ORCO
42ND

KIM STONE

MAGNOLIA

GRANITE HILL
36TH
LONE
SKY

COUNTR Y
SKYLO
FT
TRA
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CA
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ECLIPSE
BAKER
SAN
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LOVELAND
NORCO
WILSON
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RIG
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S ANDR
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FRANCIS
J
VA
LLE

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TROTH

I NLAND
CON
CHA
COVER
RIVE
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46TH
PIN E

ARLINGTON
35TH

RIVERSI
DE 38TH

ROBI N SON
CORT
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CASTILL
O
HARREL

RIDGEVIEW
HUDSON
45TH

VE NT U RE
J C
66TH
DEL
MESA
PED
L
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BEATTY
GOULD
DEXTE
R
CAPARY
DAVID

FLE E T W
OOD

WINEVILLE
64TH
OLD
HAMN
ER
ACO
RN

INDUSTRY
MANN
DEL
SUR
26TH
37TH
8TH
UNION

AGUA MANSA
RIO
BEECH

SA NTAANA RIVER TRAIL

NORWOOD
58TH
63RD
48TH
TREY
56TH
DODD
54TH

GOODMAN
54TH
DELRAY

VINTAGE
DULLES

PACIFIC
HOLLY
INDIAN
HILL
M
ARKET
VAN
DELL

VIA SAN
LUIS
CON
NING
AVON
PA
RKH
URST

LINDSAY
CRO
W
N
SOTO
PE
DLEY
A
VIA
NORTE
BROW
N
6TH S
T
ONRP
HY 91
CENTER
PYRITE
ST
OFRP
PYRITE
ST
OFRP
NINO
HY 60
SHARP
I 15
LAUR
EL
RIDGE
I 15
27TH
HY 60

ROCHESTER
GRAPEV
INE

S A NTA ANA RIVE
R
Eastvale
Fontana
Jurupa Valley
Norco
Ontario
Riverside

JURUPA VALLEY WPA

EASTVALE WPA
Incorporated Area µ
R Clark, RRU
Contract Number: 3CA05805 RRU Contract Acres: 7,049 Fiscal Year: 2022/2023 Page 9 Wildland Protection Agreement
City of Jurupa Valley
0 0.5 1 1.5 2
Miles
Disclaimer: This map and any data within shall be used
for reference only. The State of California and CAL FIRE make no representations or warranties regarding the
accuracy of data or maps. Neither the State nor the
Department shall be liable under any circumstances for
any direct, special, incidental or consequential damages with respect to any claim by any user or third party on account of or arising from the use of data or maps.

Esri, NASA, NGA, USGS, City of Riverside, County of Riverside, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA City of Jurupa Valley
Contract Number:3CA05805
P a g e | 10

__________________________________________________________________________________

Wildland Operating Plan
Between
The City of Jurupa Valley
and
CAL FIRE/Riverside Unit.

City of Jurupa Valley
Contract Number:3CA05805
P a g e | 11

OPERATING PLAN

Table of Contents
Page

1. Overview…………………………………………………………………… 12

2. Authority…………………………………………………………………… 12

3. Purpose……………………………………………………………………... 12

4. Definitions & Restrictions………………………………………………….. 12

5. Procedures………………………………………………………………….. 12-14

6. Administration……………………………………………………………… 14

7. Fire Prevention……………………………………………………………… 14-16

8. Approval…………………………………………………………………….. 17

APPENDIX

Preplanned Initial Attack Response – Riverside Ranger Unit……………… E-1

Preplanned Initial Attack Response – Jurupa Valley Fire Department…….. E-1

City of Jurupa Valley
Contract Number:3CA05805
P a g e | 12

OPERATING PLAN

1. OVERVIEW

This Operating Plan, hereinafter referred to as PLAN, is between the California Department of Forestry & Fire Protection, Riverside Unit, hereinafter referred to as CAL FIRE and the City of Jurupa Valley, Jurupa Valley Fire Department, hereinafter referred to as CITY. It has been developed to specifically address the Agreement for Protection of Wildlands within a Local Agency, hereinafter referred to as AGREEMENT, between CAL FIRE and CITY for wildland fire protection within the city limits.

2. AUTHORITY

The PLAN is required of both CAL FIRE and CITY as part of the AGREEMENT dated July 1, 2022.

3. PURPOSE

This PLAN will provide the Unit Chief of CAL FIRE and the CITY a means for executing the AGREEMENT and is hereby attached as Exhibit B with appendices E-1 to that AGREEMENT.

4. DEFINITIONS AND RESTRICTIONS

See AGREEMENT for definitions and descriptions of general terms. This PLAN does not allow either agency to operate outside the limitations in the AGREEMENT.

5. PROCEDURES

A. Fire Reporting/Reports-When CITY receives a report of a wildfire within the area of the AGREEMENT, it shall promptly notify the Riverside Unit Emergency Command Center (ECC). Each agency will process their appropriate reports and make the information available, upon request of the other agency, in no more than 60 days.

B. Incident Management-The Incident Command System (ICS) will be used to manage wildfires within the area of the AGREEMENT. Unified Command will be implemented with a CAL FIRE representative and a CITY representative.

City of Jurupa Valley
Contract Number:3CA05805
P a g e | 13

C. Fires within the area of the AGREEMENT-Each agency will maintain a preplanned initial attack response (PIAR) for fires within the area of the AGREEMENT. See Appendices B-1 and B-2. Immediate cooperation between agency dispatch centers will occur to ensure prompt response of appropriate resources into the area of the fire. CAL FIRE resources will be ordered according to the terms of the AGREEMENT through the ECC. Any augmentation of the preplanned response, with CAL FIRE resources, shall be authorized by a CAL FIRE Incident Commander or Agency Representative.

Augmentation of the preplanned response may require a post incident audit. The audit will seek to demonstrate that adjacent CAL FIRE Direct Protection Areas (DPA’s) were threatened, or that the augmentation was justified on a cost efficiency basis. Local government and private resources will be ordered through the CITY dispatch center (DISPATCH) to ensure proper utilization of the Master Mutual Aid Agreement.

D. Mutual Aid-All initial attack resources will be considered mutual aid for the purpose of this AGREEMENT.

E. Initial Attack-Initial attack resources will always be based on the closest resources concept identified in the PIAR. See Appendices E-1.

F. Move-Up & Cover-Station coverage will be exchanged between both agencies when appropriate. To prevent long-term coverage problems to either agency, the covering agency’s engines will be replaced with the covered agency’s resources as soon as it is practical to do so.

G. Fire Information: Unified Command-

1. Both agencies will enter into a unified command structure to manage the incident by establishing a common set of incident objectives and strategies.

This will be accomplished without losing or abdicating agency authority, responsibility or accountability. A Unified Ordering Point will be identified and established.

2. Representatives of both agencies will meet as needed to discuss procedures governing and locations of potential Information Centers. Both agencies will strive to maintain a roster of certified Public Information Officers for use during emergencies.

3. The Unified Command will determine which agency will provide the Lead Information Officer. Normally, it will be the agency with the greatest commitment of resources on the incident.

H. Representatives of CAL FIRE and CITY, of the rank of Battalion Chief or higher, may order resources directly from the ECC or DISPATCH when an immediate need arises.

These resources may include engines, fire crews and bulldozers in accordance with the AGREEMENT. Resources sent in response to these requests will conform to the closet resources concept
City of Jurupa Valley
Contract Number:3CA05805
P a g e | 14

6. ADMINISTRATION

The CAL FIRE Unit Chief and the CITY Fire Chief, or their designees, along with representatives from the CAL FIRE ECC and CITY DISPATCH will meet annually to discuss, review, and update the following items; procedures for reporting fires, procedures to dispatch resources to fires within the area of the AGREEMENT, procedures to dispatch resources to fires along the boundaries of the area of the AGREEMENT, and exchange general or specific information which would might affect the other agency.

7. FIRE PREVENTION
.

A. POLICY

All fire prevention activities conducted on lands within the area of the AGREEMENT will be consistent with both agencies guidelines. CAL FIRE and CITY will be expected to conduct a year-round, aggressive fire prevention program using guidelines within the CAL FIRE Handbook 9000 and CITY Fire Prevention Guidelines. This will include, but is not limited to, annual analysis and planning sessions to generate an active fire prevention plan.

1. Public Information Program-This will include all types of fire prevention news releases through the available media. Other methods will include public meetings, fairs, rodeos, parades, services clubs and a regular schedule of school programs for all grades.

2. Protection/Planning Issues-Although the responsibility for enforcing fire safe ordinances pertaining to improvements in wildland areas within the city limits is the responsibility of CITY, a CAL FIRE representative will be available upon request to comment on these issues and assist in the enforcement of related ordinances.

3. Hazard Reduction Inspections

a. Home Inspection – CAL FIRE will work directly with CITY to enforce Public Resources Code (PRC) Sections 4291, 4446, 4442, 4123, or the Uniform Fire Code sections when applicable.

b. Power line Inspections – CAL FIRE will work directly with CITY inspecting power lines over 750 volts, using PRC 4292 and 4293 as a guide.

B. RESPONSIBILITY

CAL FIRE and CITY personnel will, in the performance of their duties, give full consideration to the prevention of fires and public education. Both agencies will allow staff to establish attainable fire prevention goals.

City of Jurupa Valley
Contract Number:3CA05805
P a g e | 15

C. EXISTING AND PROJECTED DEMAND

Fire Prevention and suppression are the primary roles for both agencies. If the demand for services increases in the future, both agencies will develop more intensive programs. Fire protection and prevention will be influenced by the following factors:

1. Increased recreational use.

2. Increased residential and commercial development.

3. Increased utilization of vacation residences.

4. Industrial activity.

D. OBJECTIVES

The primary objective of the fire prevention plan is the reduction of fire suppression expenditures and damages from human-caused fires. The secondary objective is a current and comprehensive public education program for fire safety awareness and code enforcement.

E. RECOMMENDED ACTIONS

Both agencies will actively pursue public awareness programs through the following:

1. Public Education

a. School programs, ages K-12

b. Roadside sign program

c. Timely newspaper articles concerning fire awareness

d. Attendance at various local events which lend themselves to fire prevention displays.

City of Jurupa Valley
Contract Number:3CA05805
P a g e | 16

2. Code Enforcement

a. Active PRC 4291 home inspection program in target areas.

b. Enforcement of the Fire Safe Ordinances as they apply to construction in watershed areas. CAL FIRE will take an advisory role with the CITY Fire Marshal within the areas of the AGREEMENT.

F. FUEL MODIFICATION

Both agencies will continue to encourage individual property owners and property owner associations to establish and maintain a healthy fuel complex through the following:

1. Prescribed burning through available programs.

2. Forest practice inspections.

3. Fuel modification using mechanized systems, fire crews, and local resources.

4. Biomass programs to control stems per acre, and remove dead and down materials.

G. BURNING PERMITS

Burning permits will be required in the city limits consistent with those guidelines established in adjacent areas. This will provide consistency in the burn hours and any controls needed for the overall program.

1. Burning Permit Issuance

The CITY has the responsibility of issuing burn permits within the city limits and the area of the AGREEMENT. Both agencies will agree to and establish burn permit guidelines by April 1 of each year. The guidelines will follow those established by CAL FIRE to ensure consistency in the burn programs in both the CITY and areas adjacent to CAL FIRE.

2. Suspension of Permit Procedures

The suspension of burning permits in the area of the AGREEMENT will be directly related to the burning permit suspension procedures outside the area of the AGREEMENT to ensure area-wide consistency. Suspensions will be based on input from CAL FIRE and CITY.

City of Jurupa Valley
Contract Number:3CA05805
P a g e | 17

H. MONITORING AND EVALUATION

Periodic monitoring and evaluation of the PLAN will provide the opportunity to make orderly and timely amendments and revisions of the PLAN. Monitoring will determine if the:

1. PLAN is being followed.

2. PLAN objectives are being met.

3. PLAN is achieving desired results.

8. APPROVAL:

This PLAN is approved and authorized as Exhibit B Attachment 3 of the AGREEMENT between CAL FIRE and CITY:

FOR CAL FIRE: FOR CITY:

California Department of Forestry City of Jurupa Valley,

Riverside Unit Address: 8930 Limonite Avenue
210 W. San Jacinto Ave Jurupa Valley, CA 92509
Perris, CA 92570

_________________________ __________________________
Bill Weiser, Unit Chief Rod Butler, City Manager

Contract Name: City of Jurupa Valley
Contract Number: 3CA05805
Page No: 18

STANDARD RESPONSE PLAN FOR VEGETATION FIRES
CALFIRE RRU AND CITY OF JURUPA VALLEY E-1

CALFIRE WPA VEGETATION

RESPONSE

BC E AA AT COP DOZ CREW WT
LOW 1 3
MED 2 5% 1 2 1 2 2 1
HIGH 2 10% 1 2 1 2 4 1

CITY OF JURUPA VALLEY

VEGETATION RESPONSE

LOW 1 3
MED 1 3
HIGH 1 3

% ~ MUST include 3 type 3 engines on a MED and 4 type 3 engines on a HIG Page | 1
120

STAFF REPORT
DATE: JUNE 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 14.H

PURCHASE AND INSTALLATION OF EMPLOYEE WORKSTATIONS

FOR CITY HALL AND JURUPA VALLEY OPERATIONS CENTER

RECOMMENDATION
That the City Council approve the purchase and installation of additional workstations at City Hall and the Jurupa Valley Operations Center.

BACKGROUND
As directed by the City Council, the number of employees working for the City of Jurupa Valley has grown substantially over the past two years. In an effort to accommodate this growth, staff is requesting the purchase and installation of additional workstations at both the Jurupa Valley Operations Center and City Hall. Staff is also working on a longer term remodel of City Hall to create additional offices, a first floor conference room, impro ved accessibility, storage, an employee lunch room and much needed building infrastructure repairs and replacement. This longer term remodel will be presented to the City Council for direction and approval at a future date. The workstations that are being proposed in this report are intended to remain with the City for the duration of their usefulness and will be included in the long term remodel plan.

ANALYSIS
The attached proposal is for eight workstations located at the Jurupa Valley Operations Center (JVOC) and five workstations located at City Hall. Workstations include:
 Powered and non-powered panels
 Overhead Storage
 Tackboards
 Tasklights
 Worksurfaces
 Drawers

RETURN TO AGENDA
Page | 2

FINANCIAL IMPACT

The cost of the workstations is $48,194.11 and will be funded utilizing bond proceeds from the 2021 Jurupa Valley Operations Center financing.

ALTERNATIVES

1. Do not approve the purchase and installation of cubical office space.

2. Provide alternate direction to Staff.

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

Jurupa Valley Operation Center

Executive Office – 2 Cubicle Spaces
Call Center – 6 Cubicle Spaces

PLEASE SEE WRITTEN PROPOSAL FOR TOTAL LIST OF PRODUCT.DRAWING MAY SHOW ITEMS WHICH ARE NOT INCLUDED IN PROPOSAL OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE THESE DRAWINGS REPRESENT PROFESSIONAL THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF TOTALPLAN AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH THE DESIGNER. WRITTEN DIMENSIONS TAKE PREFERENCE SERVICES PROVIDED FOR THIS PROJECT AND HAVE A BILLABLE VALUE CONSISTENT WITH THE TIME AND RESOURCES FILE NAME:SHEET OF SCALE:
3 DRAWN BY:DATE:
564
NO. DATE:REVISIONS
21NECESSARY TO PRODUCE THEM.

Totalplan Inc.Business Interiors5645 Mission Blvd.Riverside, CA 92509(951) 787-9000 FAX (951) 369-1932 DAVID RAY05/06/2022CITY OF JURUPA VALLEYMISSION BLVD.

CITY

OF JURUP
A
V
ALLEY

MISSION BL
VD.
2 ST
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TIONS

CITY

OF JURUP
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ALLEY

MISSION BL
VD.
2 ST
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TIONS

1 May 11, 2022
Ms. Tracey Torres
City of Jurupa Valley
8980 Limonite Avenue
Jurupa Valley, California 92509
Dear Tracey:

We are pleased to present the following proposal for your review. 2 ea. Haworth executive workstations consisting of:
-70" High powered panels
-Overhead storage
-Tackboard
-Tasklight
-Computer corner worksurface
-Worksurfaces
-Support legs
-2 Drawer lateral file
-Box/box/file mobile drawer pedestal $7,586.00
7,586.00
Delivery and installation 1,650.00
Sales tax 711.17
Total $9,947.17
*Pricing is valid for 15 days.

If the proposed project will be a public works/prevailing wage job, please notify Lisa DeSpain at ldespa [email protected] as soon as possible.

Sincerely,
Totalplan, Inc.

James Daniel
Sales Representative
6'-0"
3'-4 1/2" 3'-4 1/2"
OPTION 2
6'-0"
PLEASE SEE WRITTEN PROPOSAL FOR TOTAL LIST OF PRODUCT.DRAWING MAY SHOW ITEMS WHICH ARE NOT INCLUDED IN PROPOSAL OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE THESE DRAWINGS REPRESENT PROFESSIONAL THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF TOTALPLAN AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH THE DESIGNER. WRITTEN DIMENSIONS TAKE PREFERENCE SERVICES PROVIDED FOR THIS PROJECT AND HAVE A BILLABLE VALUE CONSISTENT WITH THE TIME AND RESOURCES FILE NAME:SHEET OF SCALE:
3 DRAWN BY:DATE:
564
NO. DATE:REVISIONS
21NECESSARY TO PRODUCE THEM.

Totalplan Inc.Business Interiors5645 Mission Blvd.Riverside, CA 92509(951) 787-9000 FAX (951) 369-1932 DAVID RAY05/06/2022CITY OF JURUPA VALLEYMISSION BLVD.
05/09/2022
1 May 13, 2022

Ms. Tracey Torres
City of Jurupa Valley
8980 Limonite Avenue
Jurupa Valley, California 92509

Dear Tracey:

6 ea. Haworth 6' x 6' workstations consisting of:
-66" High powered and non-powered panels
-Computer corner worksurface
-Worksurface
-Overhead storage unit
-Tackboard
-Tasklight
-Box/box/file drawer pedestal
-File/file drawer pedestal $18,514.00

Delivery and installation 1,650.00
Sales tax 1,562.71

Total $21,726.71

*Pricing is valid for 15 days.

If the proposed project will be a public works/prevailing wage job, please notify Lisa DeSpain at [email protected] as soon as possible.

Sincerely,

Totalplan, Inc.

James Daniel
Sales Representative

Jurupa Valley City Hall

Conference Room C – 5 Cubicle Spaces

1 May 6, 2022

Ms. Rebecca Abeyta
City of Jurupa Valley
8390 Limonite Avenue
Jurupa Valley, California 92509

Dear Rebecca:

We are pleased to present the following proposal for your review.

5 ea. Haworth 6' x 6' workstations with powered and non-powered panels -62" and 48" High panels
-36" Computer corner worksurface
-36" Worksurface
-24" Support panel
-36" Overhead open shelf
-24" Box/box/file drawer pedestal
-Power and data pole $13,682.00

Delivery and installation 1,650.00
Sales tax 1,188.23

Total $16,520.23

*Pricing is valid for 15 days.

Sincerely,

Totalplan, Inc.

James Daniel
Sales Representative

Location Space # of Cubiles Price
JVOC Exec Office 2 9,947.17 $
JVOC Call Center 6 21,726.71 $
CH Conf Room B 5 16,520.23 $
48,194.11$ Total
Page | 1
120
S

TAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 14.I
AM

ENDED AND RESTATED AGREEMENT FOR CONSULTING

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC
ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK

GRANT SERVICES

RECOMMENDATION
That the City Council approve the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant Services and authorize the City Manager to execute the Sixth Amendment in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
After receiving initial City Council approval on March 2, 2017, City Staff transitioned the Community Development Block Grant (CDBG) administration from the County of Riverside to City control. The City retained consultants from GRC Associates, Inc. to assist with the process. The process of transitioning services from a regional provider (such as the County of Riverside) to a City -administered system presented many bureaucratic hurdles. The consultants from GRC Associates, Inc., who are familiar with the transition process, proved invaluable to the City’s efforts to receive “entitlement status” from the Fe deral Department of Housing and Urban Development (HUD) and began to independently administer CDBG funds.

On June 7, 2018, the City Council adopted the Consolidated Plan, Annual Action Plan, and Citizen Participation Plan. These planning documents represent key milestones in the City’s transition from a County -administered CDBG process to a City -controlled process. GRC Associates, Inc. led the process to create these documents with input from the City. In subsequent years, GRC assisted the City in operating its own CDBG programs, beginning with the 2018- 2019 CDBG program year, in compliance with HUD requirements.

RETURN TO AGENDA
Page | 2

Prior to the City having “entitlement status,” the City received a little over $300,000 per year in CDBG funds. As an entitlement city, the City now receives over $1 million per year in CDBG funds.

During 2020, aside from the City receiving its regular share of CDBG funds, an additional two rounds of CDBG -Coronavirus (CDBG -CV) funds were received by the City. The Coronavirus Aid, Relief and Economi c Security Act (CARES Act) was authorized by Congress, which resulted in HUD awarding the City two additional rounds of funding from CDBG-CV funds, as summarized below.

Year Grant Type Amount
2018 CDBG $1,189,419
2019 CDBG $1,203,797
2020 CDBG $1,194,914
2020 CDBG - CV1 $702,928
2020 CDBG - CV3 $664,209
2021 CDBG $1,157,789
2022 CDBG $1,200,000
(approx.)

ANALYSIS
During the initial term starting in March 2017 and ending in June 2018, GR C assisted the City in completing the steps to separate from the County . GRC also subsequently prepared the key documents for the City to qualify for CDBG funds, such as the Consolidated Plan, Annual Action Plan and Citizen Participation Plan.

In the four subsequent years, GRC staff assisted the City in preparing documents required by HUD, such as the Annual Action Plan, t he year-end performance report for the CDBG program called the Consolidated Annual Performance and Evaluation Report (CAPER), various environmental documents, and provided Integrated Disbursement Information System (IDIS) consulting services to City staff .

Page | 3

For the year (July 1, 2020 to June 30, 2021) City staff increased GRC’s budget to $45,000 because additional COVID -19 related work was expected to occur. During this third extension year , HUD allocated the City an additional two rounds of CDBG -CV funding. The extra rounds of funding necessitated GRC and City staff to complete various amendments to existing documents and related public outreach work.

For the year (July 1, 2021 to June 30, 2022) City staff recommended that GRC’s budget be increased to $55,000 for this fiscal year. In addition to the regular CDBG tasks ( i.e., Annual Action Plan, CAPER, IDIS, outreach, environmental reports, and other related consulting services), City and GRC s taff needed to complete additional work related to the two rounds of CDBG -CV funds that were received by the City, which is required by HUD. The additional work entail ed, in part, monitoring the work, process, progress, the City’s new rental assistance program and Local Economic Assistance Program using CDBG-CV-3 funds , and the similar work required of the City’s CDBG -CV-1 funded projects. For year 2022- 2023 GRC submitted a proposal for $55,000 for the CDBG Administrative Budget based on a times and materials basis. This budget is sufficient to include all of the yearly CDBG tasks as well as any additional work needed to complete the spending of the CDBG-CV funds.

This year is the fifth year since the City of Jurupa Valley became an entitlement community. As required by the Department of Housing and Urban Development, the City must complete a new Consolidated Plan every five- years. The Consolidated Plan establishes housing, community development, homeless ness, economic development needs and the community action over the next five- year period. The Consolidated Plan will assess the existing community needs, develop new strategies and incorporate performance measures as required by HUD regulations. The five-year plan is extensive and over the next year will cost an additional $40,000 in administrative fees. The total for all services for year 2022-2023 will be $95,000.00
Term Term Period Term Budget
Initial Agreement March 2, 2017 – June 30, 2018 $70,000 Second Extension July 1, 2018 – June 30, 2019 $40,000
Third Extension July 1, 2019 – June 30, 2020 $40,000
Fourth Extension July 1, 2020 – June 30, 2021 $45,000
Fifth Extension July 1, 2021 – June 30, 2022 $55,000
Amended and Restated July 1, 2022 – June 30, 2023 $95,000 Page | 4

FINANCIAL IMPACT

The City’s 2022-23 Annual Action Plan provides ongoing administrative costs with the CDBG program. All costs related to the administrative services of CDBG are recoverable through the City’s 2022-23 CDBG allocation.

ALTERNATIVES

1. Do not approve the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant (CDBG) services.

2. Provide alternate direction to Staff.

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

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AMENDED AND RESTATED AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR

COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES

THIS AGREEMENT is made and effective as of July 1, 2022, between the City of Jurupa Valley (“City”) and GRC Associates, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals
This Agreement is made with respect to the following facts and purposes:

B. On March 15, 2018 the parties entered into that certain First Amendment to the Original Agreement.

C. On August 16, 2018 the parties entered into that certain Second Amendment to the Original Agreement.

D. On April, 2019 the parties entered into that certain Third Amendment to the Original Agreement.

E. On July 14, 2020 the parties entered into that certain Fourth Amendment to the Original Agreement.

F. On June 17, 2021 the parties entered into that certain Fifth Amendment to the Original Agreement.

G. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
H. The parties now desire to further amend and restate that Agreement as provided herein.

2. Term
This Agreement shall commence on March 2, 2017, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

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3. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

4. Performance
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

5. Payment
A. The City agrees to cause Consultant to be paid monthly, based upon actual time spent on the above tasks. This amount shall not exceed the following amounts for the specified periods, unless additional payment is approved by the City Council:
1) Seventy thousand dollars ($70,000) for the period of March 2, 2017 to June 30, 2018; 2) Forty thousand dollars ($40,000) for the period of July 1, 2018 to June 30, 2019; 3) Forty thousand dollars ($40,000) for the period of July 1, 2019 to June 30, 2020; 4) Forty-five thousand dollars ($45,000) for the period of July 1, 2020 to June 30, 2021; 5) Fifty-five thousand dollars ($55,000) for the period of July 1, 2021 to June 30, 2022; 6) Ninety-five thousand dollars ($95,000) for the period of July 1, 2022 to June 30, 2023, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.

C. Consultant shall submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

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6. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.

7. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

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B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. Indemnification.

Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

10. Insurance Requirements.

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performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

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5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.

C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.

D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.

11. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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12. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

13. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

14. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.

15. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager

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To Consultant: GRC Associates, Inc.
8060 Florence Avenue, Suite 303
Downey, CA 90240
Attention: Robert G. Vasquez
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF JURUPA VALLEY

Chris Barajas, Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

CONSULTANT

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

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EXHIBIT A

SCOPE OF SERVICES
A. SCOPE OF SERVICES – CDBG ADMINISTRATIVE SERVICES
The proposed scope of work will consist of the following key tasks:

1. CDBG Activities: Consultant staff will continue to provide technical services to determine eligible and ineligible CDBG activities such as eligible project cost, eligible administrative and planning costs, and similar program criteria expertise.

2. Federal Requirements: Consultant staff will continue to provide technical assistance on other federal requirements including: affirmative marketing, minority outreach, environmental review, displacement, relocation, acquisition, opportunity, disclosure requirements, debarred, suspended, or ineligible contractors, and drug-free work place.

3. IDIS - Program Administration: Consultant staff will continue to provide assistance with Agreements, Program Integrated Disbursement Information System (IDIS), Program income technical services and GRC will assist in providing inspections, audit, close -out, record-keeping, and performance reports.

4. Public-Private Partnerships: Consultant staff has the expertise to provide technical assistance in the review of private -public partnerships, site and neighborhood standards, income determinations, and similar program criteria.

5. Underwriting Assignments: Consultant staff can provide technical assistance in evaluating affordable housing projects, including maximum subsidy per unit, underwriting requirements, and subsidy layering.

6. Annual Action Plan and CAPER: Consultant staff will continue to prepare all required HUD reports such as the Annual Action Plan and the
Consolidated Annual Performance Evaluation Report (CAPER).

7. Amendments: GRC consultant staff will continue to provide technical assistance to amend the Consolidated Plan, Action Plan, Citizen Participation Plan and/or getting HUD approvals, as necessary.

8. Public Hearings: Consultant staff will continue to attend necessary City Council and/or Public Hearings and respond to HUD follow-up questions needed to receive the necessary HUD approvals.

9. IDIS: Consultant staff will prepare, update and maintain the City’s project and activity information provide to HUD’s mainframe IDIS System.

10. IDIS Training: Consultant staff will provide training services to City Staff on IDIS and HUD regulations and requirements.

11. Audit Consultation: In the future, Consultant staff will gather available and necessary documents for HUD audits, act as a liaison between HUD and the C ity, and prepare the follow-up correspondence.

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12. HUD Audit Responses: Consultant staff can provide technical expertise in responding to any HUD audit findings and/or concerns, take corrective actions, answer questions, and follow up with any other information as requested and/or needed.

13. Customer Service: Consultant staff will provide a high standard of care and support to internal customers (such as City elected officials and City staff) and external customers (such as residents, business owners, contractors, developers and staff from municipal, state and federal agencies). Consultant team has staff that speaks Spanish fluently, in case this language is needed by some City of Jurupa Valley residents, regarding responding to their CDBG-related questions and issues.

14. Ongoing Consultation Services: Consultant staff will provide day-to-day administration, consultation, and coordination with HUD, advise staff of federal and state program compliance issues, prepare amendments to the Consolidated Plan, recommend approval of HUD allowed expenditures, recommended updates for future programs, and other Program brochures, forms, and other reference materials.

B. SCOPE OF SERVICES – CONSOLIDATED PLAN AND RELATED DOCUMENTS The proposed scope of work will consist of the following key tasks:

1.Consolidated Plan: The Consolidated Plan is a process and report required by HUD for cities receiving CDBG and other HUD funds. It establishes housing, community development, homeless, economic development needs and the community action over the next five -year period. The Consolidated Plan will assess the existing community needs, develop new strategies, and incorporate performance measures as required by HUD regulations. The tasks required to complete each component is described below:

A. Needs Assessment.

The Needs Assessment section of the Consolidated Plan provides a profile of the community with a description of the existing conditions, trends, available resources and housing issues. In addition, this section examines the community’s need for affordable housing, the extent of homelessness and the population with special needs.

Community Profile : Information from the adopted Housing Element, Census, American Community Survey and Riverside COG will be used to describe th e community’s characteristics. The profile will include:
▪ Demographics (racial and ethnic composition and concentrations, age). ▪ Household characteristics (income, household size, overcrowding). ▪ Employment trends (major employers and occupation of residents). ▪ Homeless population and their needs.
▪ Special needs population (large households, single -person households, female-headed households, elderly, persons with disabilities, people with HIV/AIDS, alcohol/drug addiction).
▪ Estimated number of units with lead-based paint.

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12774-0102\2660634v2.doc
Community Needs: This section describes the City’s community and economic development needs, including:
▪ Public infrastructure improvements (water services and streets). ▪ Public facilities (parks and recreational facilities). ▪ Public safety and services (anti-crime programs).
▪ Economic development.

B. Housing Market Analysis
This section discusses the characteristics of the housing supply in Jurupa Valley and the implications of the housing market with respect to housing programs.

Topics include:
▪ Housing type, condition, and location.
▪ Household tenure.
▪ Costs to buy, rent and construct.
▪ Financial resources.
▪ Concentration of low-income households and minority populations. ▪ Type and location of public housing.
▪ Inventory of facilities and services for special needs and the homeless. ▪ Barriers to affordable housing (housing market conditions and constraints, government constraints – zoning and development standards, permit processing, fees).

C. Strategic Plan
GRC wil l assist City staff develop goals, policies, objectives and actions in addressing the housing and community development needs. The Strategic Plan will include:
▪ Resources available for housing and community development activities (CDBG, HOME, Section 8 Rental Assistance, to name a few). ▪ Priorities for assisting households.
▪ Strategies and activities to assist those households in need. ▪ Special objectives identifying proposed accomplishments.

Each Jurupa Valley program will be identified with a description and purpose, five- year objective, funding sources and responsible agency. It will be presented in a manner similar to the programs in the Housing Element.

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12774-0102\2660634v2.doc
▪ Health and safety code enforcement.
▪ Institutional structure.
▪ Economic development.
▪ Public housing resident initiatives.

2. First Year Action Plan: The first Action Plan will include:
▪ List of funding sources available to meet the one-year objectives. ▪ Proposed CDBG projects and the amount of available funds. ▪ List of activities and programs for each priority item, such as housing preservation and improvement. Each activity will include a description of the program, its one -year objective, benefit, geographic distribution, responsible agency and level of priority.
▪ Discuss affordable housing, public housing, homeless and special needs and barriers.
▪ Description of the citizen participation process and the monitor process in tracking the City’s progress towards implementing the strategies in the Consolidated Plan.

3. Updating the Citizen Participation Plan:

The Citizen Participation Plan was prepared to
comply with HUD’s requirement that local governments must provide citizens with reasonable advance notice of and opportunity to comment on proposed activities. The Citizen Participation Plan includes, but not limited to: public hearing requirements and dates of plan adoption; policies for providing technical assistance; policies for providing citizens an opportunity to comment on performance reports for project activities; and procedures for comments, objections and complaints. GRC will review and update t he City’s current Citizen Participation Plan.

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EXHIBIT B

QUOTATION FOR SERVICE

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12774-0102\2539089v1.doc

FIFTH AMENDMENT TO AGREEMENT FOR

CONSULTANT SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR

COMMUNITY DEVELOPMENT BLOCK GRANT

SERVICES
This Fifth Amendment is made and effective as of June 17, 2021, between the City of Jurupa Valley, a municipal corporation (“City”) and GRC Associates, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Fifth Amendment is made with the respect to the following facts and purposes:

A. On March 2, 2017, the City and Consultant entered into that certain Agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES.”
B. On March 15, 2018 the parties entered into that certain First Amendment to the original March 2, 2017 agreement. On August 16, 2018 the parties entered into that certain Second Amendment to the original March 2, 2017 agreement. In April, 2019, the parties entered into the Third Amendment to the original March 2, 2017 agreement. On July 14, 2020, the parties entered into the Fourth Amendment to the original March 2, 2017 agreement. The original agreement as amended by the First Amendment, Second Amendment, Third Amendment, and Fourth Amendment shall collectively be referred to as the “Agreement.” C. The parties now desire to revise the Agreement as set forth in this Amendment.

2. Paragraph 1 of the Agreement is hereby amended to read as follows:
“1. Term
This Agreement shall commence on March 2, 2017, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement.”

3. Paragraph 4 of the Agreement is hereby amended to read as follows:
“4. Payment
A. The City agrees to cause Consultant to be paid monthly, based upon actual time spent on the above tasks. This amount shall not exceed the following amounts for the specified periods unless additional payment is approved by the City Council:
1) Seventy thousand dollars ($70,000) for the period of March 2, 2017 to June 30, 2018;
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2) Forty thousand dollars ($40,000) for the period of July 1, 2018 to June 30, 2019;
3) Forty thousand dollars ($40,000) for the period of July 1, 2019 to June 30, 2020;
4) Forty-five thousand dollars ($45,000) for the period of July 1, 2020 to June 30, 2021; and
5) Fifty-five thousand dollars ($55,000) for the period of July 1, 2021 to June 30, 2022.

C. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice."

4. The person or persons executing this Fifth Amendment on behalf of Consultant warrants and represents that he or she has the authority to execute this Fifth Amendment on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

April 14, 2022

Ms. Amy Sells
Principal Management Analyst
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509

RE: Consulting Services for CDBG Program & Consolidated Plan

Dear Ms. Sells:

GRC Associates, Inc. (GRC ) is pl eased to present this proposal to provide consulting services to assist City of Jurupa Valley (City) staff to administer the City’s Commun ity Developme nt Block Grant (CDBG) program for the 2022-2023 fiscal year , and also to prepare the City’s Consolidated Plan (2023-2029), Annual Action Plan (2023-2024) and update the Citizen Participation Plan.

Currently, GRC is providing the C ity of Jurupa Valley consulting services to assist in administering the City’s CDBG program . Also, GRC pr epared t he City’s first Consolidated Plan in 2018 – after successfully delinking the City of Jurupa Valley from Riverside County’s CDBG program. Prior to the City receiving “entitlement status” from HUD, approximately $300,000 in CDBG funds were allocated to the County of Riverside to Jurupa Valley. After the City separated from the County, Jurupa Valley began to receive o ver $1,000,000 in CDBG funds annually.

For the next fiscal year, GRC looks forward to providing Jurupa Valley with:

A. CDBG Administrative Services, and B. Consolidated Plan Document Preparation Services. Specifically, t his proposal is for a one-year contract period, from July 1, 2022 until June 30, 2023.

A. SCOPE OF SERVICES – CDBG ADMINISTRATIVE SERVICES
The proposed scope of work will consist of the following key tasks:

URBAN PLANNING

SUSTAINABLE COMMUNITIES

HOUSING

ECONOMIC DEVELOPMENT

ENVIRONMENTAL

8060 FLORENCE AVE.

SUITE 303
DOWNEY, CA 90240
T: (626) 331-6373
F: (626) 331-6375
GRC CDBG / Consolidated Plan Proposal – Jurupa Valley
April 14, 2022

Page 2 ends

2. Federal Requirements: Consultant staff will continue to provide techni cal assistance on other federal requirements including: affirmative marketing, minority outreach, environmental review, displacement, relocation, acquisition, opportunity, disclosure requirements, debarred, suspended, or ineligible contractors, and drug-free work place.

3. IDIS - Program Administration : Consultant staff will continue to provide assistance with Agreements, Program Integrated Disbursement Information System (IDIS), Program income technical services and GRC will assist in providing inspections, audit, close-out, record-keeping, and performance reports.

6. Annual Action Plan and CAPER: Consultant staff will continue to prepare all required HUD reports such as the Annual Action Plan and the Consolidated Annual Performance Evaluation Report (CAPER).

7. Amendments: GRC consultant staff will continue to provide technical assistance to amend the Consolidated Plan, Action Plan, Citizen Participation Plan and/or getting HUD approvals, as necessary.

8. Public Hearings: Consultant staff will continue to attend necessary City Council and/or Public Hearings and respond to HUD follow -up questions needed to receive the necessary HUD approvals.

9. IDIS: Consultant staff will prepare, update and maintain the City’s project and activity information provide to HUD’s mainframe IDIS System.

10. IDIS Training: Consultant staff will provide t raining services to City Staff on IDIS and HUD regulations and requirements.

11. Audit Consultation: In the future, Consultant staff will g ather available and necessary documents for HUD audits, act as a liaison betwee n HUD and the City, and prepare the follow-up correspondence.

12. HUD Audit Responses: Consultant staff can provide t echnical expertise in responding to any HUD audit findings and/or concerns, take corrective actions, answer questions, and follow up with any other information as requested and/or needed.

Page 3 ends

and staff from municipal, state and federal agencies). Consultant team has staff that speaks Spanish fluently, in case this language is needed by some City of Jurupa Valley residents, regarding responding to their CDBG-related questions and issues.

14. Ongoing Consultation Services: Consultant staff will provide d ay-to-day administration, consultation, and coordination with HUD, advise staff of federal and state program compliance issues, prepare amendments to the Consolidated Plan, recommend approval of HUD allowed expenditures, recommended updates for future prog rams, and other Program brochures, forms, and other reference materials.

B. SCOPE OF SERVICES – CONSOLIDATED PLAN AND RELATED DOCUMENTS The proposed scope of work will consist of the following key tasks:

1. Consolidated Plan : The Consolidated Plan is a process and report required by HUD for cities receiving CDBG and other HUD funds. It establishes housing, community development, homeless, economic development needs and the community action over the next five -year period. The Consolidated Plan will assess the existing community needs, develop new strategies, and incorporate performance measures as required by HUD regulations. The tasks required to complete each component is described below:

A. Needs Assessment.

Community Profile : Information from the adopted Housing Element, Census, American Community Survey and Riverside COG will be used to describe the community’s characteristics. The profile will include:
▪ Demographics (racial and ethnic composition and concentrations, age).
▪ Household characteristics (income, household size,
overcrowding).
▪ Employment trends (major employers and occupation of
residents).
▪ Homeless population and their needs.
▪ Special needs population (large households, single -person households, female -headed households, elderly, persons with disabilities, people with HIV/AIDS, alcohol/drug addiction).

GRC CDBG / Consolidated Plan Proposal – Jurupa Valley
April 14, 2022

Page 4 ends

▪ Estimated number of units with lead-based paint.

Community Needs: This s ection describes the City’s community and economic development needs, including:
▪ Public infrastructure improvements (water services and streets). ▪ Public facilities (parks and recreational facilities). ▪ Public safety and services (anti-crime programs).
▪ Economic development.

B. Housing Market Analysis
This section discusses the characteristics of the housing supply in Jurupa Valley and the implications of the housing market with respect to housing programs. Topics include:
▪ Housing type, condition, and location.
▪ Household tenure.
▪ Costs to buy, rent and construct.
▪ Financial resources.
▪ Concentration of low -income households and minority
populations.
▪ Type and location of public housing.
▪ Inventory of facilities and services for special needs and the homeless.
▪ Barriers to affordable housing (housing market conditions and constraints, government constraints – zoning and development standards, permit processing, fees).

C. Strategic Plan
GRC will assist City staff develop goals, policies, objectives and actions in addressing the housing and community development needs. The Strategic Plan will include:
▪ Resources available for housing and community development activities (CDBG, HOME, Section 8 Rental Assistance, to name a few).
▪ Priorities for assisting households.
▪ Strategies and activities to assist those households in need. ▪ Special objectives identifying proposed accomplishments.

Each Jurupa Valley program will be identified with a description and purpose, five-year objective, funding sources and responsible agency. It will be presented in a manner similar to the programs in the Housing Element.

GRC CDBG / Consolidated Plan Proposal – Jurupa Valley
April 14, 2022

Page 5 ends

Programs will include:
▪ Maintenance and provision of affordable housing.
▪ Housing assistance and development.
▪ Homeless needs.
▪ Public improvements and community services.
▪ Lead-based paint reduction strategy.
▪ Health and safety code enforcement.
▪ Institutional structure.
▪ Economic development.
▪ Public housing resident initiatives.

2. First Year Action Plan: The first Action Plan will include:
▪ List of funding sources available to meet the one-year objectives. ▪ Proposed CDBG projects and the amount of available funds. ▪ List of activities and programs for each priority item, such as housing preservation and improvement. E ach activity will include a description of the program, its one -year objective, benefit, geographic distribution, responsible agency and level of priority. ▪ Discuss affordable housing, public housing, homeless and special needs and barriers.
▪ Description of the citizen participation process and the monitor process in tracking the City’s progress towards implementing the strategies in the Consolidated Plan.

3. Updating the Citizen Participation Plan : The Citizen Participation Plan was prepared to comply with HUD ’s requirement that local governments must provide citizens with reasonable advance notice of and opportunity to comment on proposed activities . The Citizen Participation Plan includes, but not limited to: public he aring requirements and dates of plan adoption; policies for providing technical assistance; policies for providing citizens an opportunity to comment on performance reports for project activities; and procedures for comments, objections and complaints . GRC will review and update the City’s current Citizen Participation Plan.

GRC CDBG / Consolidated Plan Proposal – Jurupa Valley
April 14, 2022

Page 6 ends

TIMELINE – CONSOLIDATED PLAN AND RELATED DOCUMENTS
The process to complete the Consolidated Plan, Strategic Plan, Action Plan and updating the Citizen Participation Plan will take approximately one year, as shown below.

Task
No. Task July '22 Aug Sept Oct Nov Dec Jan '23 Feb March April May 15, '23 1 Project Management
Project Kick-Off Mtg
Project Coordination
Progress Reporting and Invoicing
2 Public Participation
Community Workshops (2)
3 Consolidated Plan, Strategic Plan and
Action Plan
Data Collection
Needs Survey and Consultation
Coordinate with CDAC Committee
Public Hearing to Receive CP Input
Draft Consolidated Plan-Action Plan
Public Review of Draft
Public Hearing Adoption and Final
Final Submittal to HUD
4 Citizen Participation Plan
Preparation and Draft CPP
Final CPP
GRC will provide technical assistance during the HUD approval process of the Consolidated Plan, which may expend beyond May 15, 2023

CITY OF JURUPA VALLEY CONSOLIDATED PLAN, STRATEGIC PLAN, ACTION PLAN AND CITIZEN PARTICIPATION PLAN

MILESTONES

GRC CDBG / Consolidated Plan Proposal – Jurupa Valley
April 14, 2022

Page 7 ends

BUDGET
GRC propos es a total budget of $ 95,000 for CDB G and C onsolidated Plan t asks. This budget would consist of the following:

A. CDBG Administrative Budget : GRC proposes a budget of $55,000, the same budget amount as the 202 1-22 fiscal year, based on a times and materials ba sis, billed at hourly rates of $120 per hour for Robert G. Vasquez and Mike Linares , with an hourly rate of $60 per hour for support staff.

B. Preparation of Consolidated Plan (2023-2029) and Related Documents : GRC proposes a total budget of $40,000, as delineated in the budget below:

Fully
Burdened
Hourly Sub
Task Staff Hours Rate Total Total
Project Management
R. G. Vasquez 12 120 1,440
M. Linares 2 120 240
Sub-Total 14 1,680$
TASK 1: Consolidated Plan,
w/Strategic Plan
R. G. Vasquez 214 120 25,680
Mike Linares 30 120 3,600
Support Staff 30 60 1,800
Sub-Total 274 31,080$
TASK 2: First Year Action Plan /
Update
R. G. Vasquez 20 120 2,400
Mike Linares 8 120 960
Support Staff 12 60 720
Sub-Total 40 4,080$
TASK 3: Citizen Participation Plan
R. G. Vasquez 14 120 1,680
Mike Linares 2 120 240
Support Staff 8 60 480
Sub-Total 24 2,400$
Direct Costs 1,000$
Grand Total 352 40,240$
Rounded to: 40,000$
Cost Budget

CITY OF JURUPA VALLEY CONSOLIDATED PLAN, STRATEGIC PLAN, ACTION PLAN & UPDATE

CITIZEN PARTICIPATION PLAN

GRC CDBG / Consolidated Plan Proposal – Jurupa Valley
April 14, 2022

Page 8 ends

QUALIFICATIONS, EXPERTISE
The GRC team has provided professional consulting services to more than 25 cities and public agencies in Sou thern California for many years. Robert G. Vasquez and Mike Linares are the primary staff that will work on City of Jurupa Valley assignments. Both were the key consultants that assisted the City in delinking from the County ’s CDBG program about five years ago and have prov ided CDBG consulting services since t hat time to the City of Jurupa Valley. Both have over 20 years of experience assisting public and private clients, and additional staff will be available on an as needed basis.

Mike Linares has over 30 years of public sector experience working for and with Southern California cities implementing and managing numerous programs. He also has experience preparing key program documents (e.g., Consolidated Plans, annual Action Plans and other HUD -related year-end accomplishment reports), subrecipient grant management, and federal prog ram compliance reports. He is a graduate of Californi a State Univers ity Long Beach, with a Bachelor of Science in Political Science and also a Master of Public Administration.

Robert G. Vasquez w ill be the person responsible for the day -to-day work of these assignments. He has administered other CDBG-funded programs for the cities of Huntington Beach, Whittier, Westminster, Costa Mesa, Laguna Hills , Hesperia and Stanton. He will continue to provide good customer service to City Staff and all residents. He is fluent in Spanish, and will be available for on -site meetings and phone calls. Mr. Vasquez is a graduate of USC – Bachelor of Science, Columbia University – Masters of Business Administration, and Harvard University – Masters Public Administration.

We l ook forward to continuing to work for the City of Jurupa Valley . Please do not hesitate t o call at (626) 331 -6373 if you have any questions or require additional information. Thank you very much for your consideration.

Respectfully submitted,

Robert G. Vasquez
President

Page | 1
120
S

TAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 14.J
AM

ENDED AND RESTATED AGREEMENT FOR CONSULTANT

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC
ASSOCIATES, INC. FOR ADMINISTRATION OF THE AFFORDABLE
HOMEOWNER REHABILITATION GRANTS PROGRAM FOR THE 2022-
23 FISCAL YEAR
RECO

MMENDATION
That
the City Council a pprove the Amended and Restated Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. for Administration of the Affordable Homeowner Rehabilitation Grants Program and authorize the Ci ty Manager to execute the Third Amendment in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
O
n May 2, 2019, the City Council authorized the Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. (GRC) for Administration of the Affordable Homeowner Rehabilitation Grant s Program. GRC serves as the City’s primary program manager for the Homeowner Rehabilitation Program. Funded through the City’s Community Development Block Grant (CDBG) allocation, the Ho meowner Rehabilitation Program provides grants to low -to-moderate income residents to make needed repairs on their homes.

S
uccessful applicants of the H omeowner Rehabilitation Program are eligible to receive grants of up to $10,000.00 to use towards health and safety -related home repairs.

Typically, grantees use these funds to make critical repairs to leaking roofs, broken stairs, malfunctioning plumbing systems, etc. During the 2019- 20 program year (the first year of the program), the City Council approved $50,000.00 in total grant funds available to provide repairs for five homes. For the 2020-21 program year, a total of $80,000 in grant funds were made available to provide repairs to eight homes.

RETURN TO AGENDA
Page | 2

For Fiscal years 2020- 21 and 2021- 22 the City Council approved $104,000 for the Housing Rehabilitation Program each of the respective years as part of the CDBG Annual Action Plan. This funding, which includes both direct construction and administrative costs, provided grants for sixteen low to moderate-income homeowners for much needed repairs.

ANALYSIS

Through the past four years of funding allocated to the Housing Rehabilitation Program, GRC was able to assist twenty -one low to moderate income home ow ners with needed repairs to their residences. The approved $104,000 for the program will assist eight additional homeowners in the community with grants for home repairs up to $10,000.

The attached amendment provides for $24,000 in program administrative services, which will cover the cost of administering eight grants per qualifying resident and was approved on April 21, 2022 as part of the CDBG Annual Action Plan. GRC charges a flat fee of $3,000.00 per grantee to comprehensively manage each grant project in accordance with the City’s Home Rehabilitation Program guidelines.

The program administrative services include:
• Project Management and Coordination
• Grant Processing
• Grant Documents
• Property Inspection/Work Write-Up
• Bid Package
• Construction Management
• Grant Portfolio Management

FINANCIAL IMPACT

The City’s 2022-23 Annual Action Plan provided $24,000.00 for H ome Rehabilitation Program administrative services. All costs related to H ome Rehabilitation Program administration are recoverable through the City’s 2022-23 CDBG allocation.

ALTERNATIVES

1. Do not approve the Amended and Restated Agr eement for Consultant Services between City of Jurupa Valley and GRC Associates, Inc. for Administration of the Affordable Homeowner Rehabilitation Grants Program

2. Provide alternate direction to staff.

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

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AMENDED AND RESTATED AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR

ADMINISTRATION OF THE AFFORDABLE HOMEOWNER REHABILITATION

GRANTS PROGRAM

1. Recitals
This Agreement is made with respect to the following facts and purposes:

A. On May 2, 2019, the City and Consultant entered into that certain agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC., FOR ADMINISTRATION OF THE AFFORDABLE HOMEOWNER REHABILITATION GRANTS PROGRAM” (the “Original Agreement”).

B. On June 30, 2020, the City and Consultant entered into that certain First Amendment to the Original Agreement.

C. On June 17, 2021, the City and Consultant entered into that certain Second Amendment to the Original Agreement.

D. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
E. The parties now desire to further amend and restate that Agreement as provided herein.

2. Term
This Agreement shall commence on July 1, 2019, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

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5. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed ninety- thousand dollars ($90,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

C. Consultant shall submit invoices monthly for actual services performed.

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any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. Indemnification.

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agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

10. Insurance Requirements.

A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

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3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.

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provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

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To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager

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D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

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CITY OF JURUPA VALLEY

Chris Barajas, Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

CONSULTANT

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

QUOTATION FOR SERVICE
GRC Associates, Inc. shall be compensated based on a flat, not-to-exceed $3,000 fee per grant ($3,000 x 90 = $90,000). Monthly invoices shall be submitted according to completed milestone per grant, as follows: application review (20% of total fee), work write-up (25%), contract bid selection (20%), grant approval (10%), owner and contractor signings (10%), final construction inspection and grant closeout/completed file (15%).

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SECOND AMENDMENT TO AGREEMENT FOR

CONSULTANT SERVICES BETWEEN CITY OF JURUPA
V ALLEY AND GRC ASSOCIATES, INC., FOR

ADMINISTRATION OF THE AFFORDABLE

HOMEOWNER REHABILITATION GRANTS PROGRAM
This Second Amendment is made and effective as of June 17, 2021, between the City of Jurupa Valley, a municipal corporation (“City”) and GRC Associates, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Second Amendment is made with the respect to the following facts and purposes:

A. On May 2, 2019 , the City and Consultant entered into that certain Agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF JURUPA V ALLEY AND GRC ASSOCIATES, INC., FOR ADMINISTRATION OF THE AFFORDABLE HOMEOWNER REHABILITATION GRANTS PROGRAM” (the “Agreement”).

B. On June 30, 2020, the City and Consultant entered into that certain First Amendment to the original May 2, 2019 agreement. The original agreement as amended by the First Amendment shall collectively be referred to as the “Agreement.” C. The parties now desire to revise the Agreement as set forth in this Second Amendment.

2. Paragraph 1 of the Agreement is hereby amended to read as follows:
“1. Term
This Agreement shall commence on July 1, 2019, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2022 unless sooner terminated pursuant to the provisions of this Agreement.”

3. Sub-Paragraph 4.A of the Agreement is hereby amended to read as follows:
“A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon completed milestones spent on the above tasks.

This amount shall not exceed Sixty -Three Thousand dollars ($63 ,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.”

4. The person or persons executing this Second Amendment on behalf of Consultant warrants and represents that he or she has the authority to execute this Second Amendment on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]

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EXHIBIT B

QUOTATION FOR SERVICE

GRC Associates, Inc. shall be compensated based on a flat, not-to-exceed $3,000 fee per grant ($3,000 x 21 = $63,000). Monthly invoices shall be submitted according to completed milestone per grant, as follows: application review (20% of total fee), work write-up (25%), contract bid selection (20%), grant approval (10%), owner and contractor signings (10%), final construction inspection and grant closeout/completed file (15%).
120

STAFF REPORT
DATE: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 14.K
AW

ARD OF PUBLIC SERVICE GRANT APPLICANTS WITH

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
RECO

MMENDATION
1) That
the City Council approve the Agreement between the City of Jurupa Valley and Path of Life Ministries for Homelessness Services for an amount not to exceed $150,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
2) That the City Council approve the Agreement between the City of Jurupa Valley and Family Service Association for the Senior Nutrition Program for an amount not to exceed $16, 944 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BAC

KGROUND
O
n an annual basis, the City of Jurupa Valley administers a P ublic Service G rant application process. The purpose of this process is to help the City determine which non- profit social service organization(s) will receive P ublic Service Grants. Public S ervice Grants are funded through the City’s annual Community Development Block Grant (CDBG) allocation.

The C
ommunity Development Advisory Committee (CDAC) was established by the City Council to administer the P ublic Service Grant (PSG) selection process. The selection process requires social service organizations to submit a detailed grant application. The grant application is subject to a technical review from City staff and a policy -focused review by the CDAC. PSG applicants are invited to CDAC meetings to present their grant request and facilitate a question and answer process. After the presentation, the CDAC assigns a score and a recommended funding allocation for each selected applicant. The funding allocations are then forwarded to the City Council for final approval.

RETURN TO AGENDA

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On April 7, 2022, Staff presented the CDAC recommendations to the City Council and on April 21, 2022, the City Council conducted a public hearing regarding the acceptance of the City’s 2022-23 Annual Action Plan. The 2022- 23 Annual Action Plan provided an approximate budget of $150,000.00 for homelessness services funding and $20,000.00 in funding for a senior nutrition program. At the conclusion of the public hearing, the City Council formally approved the 2022-23 Annual Action Plan via Resolution No. 2022-33.

ANALYSIS

This year , the PSG application document was published on January 14, 2022. The application document notified potent ial grantees that approximately $170,000.00 was available for the 2022-23 CDBG program year. On February 14, 2022, the City received six proposals to provide PSG-eligible services.

City Staff performed an initial analysis of the PSG applications with the assistance of the City’s CDBG consultants from GRC Associates, Inc. (GRC). The CDBG pro gram is governed by Federal law and regulations administered by HUD. The compliance requirements associated with the CDBG program are notoriously onerous. As such, City Staff and GRC performed an initial technical review to measure the ability of each PSG applicant to comply with the rules and reporting requirements of the CDBG program.

In the event that a PSG applicant is awarded CDBG funds but fails to provide the documentation to the City as required by HUD, the City may be held liable and could be subject to a comprehensive audit and potential enforcement action. While the PSG portion of the CDBG allocation is only 15% of the City’s total CDBG budget, a non- compliant PSG recipient could put the entirety of the program at risk.

On April 21, 2022, the City Council approved two applicants. The first applicant was Path of Life Ministries, Inc. (Path of Life) to provide homelessness outreach, homelessness prevention, case management, and emergency shelter services. The second applicant was the Family Service Association (FSA) to provide a senior nutrition program. The City funded each of these organizations for the 2019- 20 and 2020-21 CDBG program years.

In general, each organization submitted an application that largely mirrored the programs that they provided during the above mentioned CDBG program years.

At the time of the City Council meeting the City had not received the official CDBG funding numbers from HUD; however, in May the official numbers were received and the funding for Public Services for FY 2022- 23 is $166,944.00. This funding is based on the HUD regulation that Public Service allocations can only be 15% of the total allocation, and the total allocation for CDBG for FY 2022-23 is $1,112,960.00. Due to the slight reduction in funding, staff reduced the budget for Family Services by $3,056.00. The Staff at Family Services stated that they will find the additional funding to continue the same level of nutritional services as the previous years.

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Path of Life: CDBG Allocation

Path of Life provides a holistic approach to homelessness that includes three (3) major service areas: (1) homelessness prevention; (2) outreach; and (3) mitigation.

(1) Homelessness Prevention – Path of Life administers a program that provides short- term financial assistance to persons on the verge of homelessness. Services typically include short-term rental assistance, utility bill assistance, and financial counseling. In many cases, Jurupa Valley residents experiencing a financial disruption only need short- term help to “get back on their feet” financially after a sudden disruption in their financial situation (automobile accident, serious illness, job loss, etc.). The rationality of the homelessness prevention approach is that i t is easier to reduce homelessness before it happens. For the 2021-22 CDBG program year, the homelessness prevention program was augmented with the CDBG -CV3 funds that Path of Life received for the Rental Assistance Program.

(2) Homelessness Outreach – Path of Life staff provide an outreach service that engages homeless individuals in Jurupa Valley. This is an important service offering because it enables the City and Path of Life to generate critical data that is used to formulate a citywide strategy to mitigate homelessnes s. This approach also builds trust between homeless persons and Path of Life – a necessity in encouraging homeless persons to accept the services being offered by Path of Life, which are paid for by the City’s CDBG funds.

Path of Life staff have become increasingly integrated into the City’s day -to-day operations. Code enforcement complaints involving homelessness now generate a holistic response that includes a Path of Life staff member. Path of Life staff often accompany code enforcement officers and are able to offer services to homeless persons involved in possible code violations.

(3) Homelessness Shelter & Mitigation – Path of Life administers a corporate campus in the City of Riverside that provides an array of homelessness mitigation services. As part of the proposed agreement with Path of Life, homeless persons from Jurupa Valley are guaranteed bed space at the Path of Life homeless shelter. As a homeless person moves through the intake process at the Path of Life campus, they are offered a variety of services that include, but are not limited to, employment opportunities and interview coaching, free meals, mental health counseling, and substance abuse treatment programs. The proposed agreement with Path of Life guarantees at least four (4) beds per night for Jurupa Valley residents experiencing homelessness in Jurupa Valley. The proposed agreement also includes funds to extend the leases for apartments by three months and to cover the costs of transporting homeless individuals to and from the Path of Life shelter in the City of Riverside.

Page | 4

Family Service Association: CDBG Allocation

FSA’s Senior Nutrition Program provides nutritionally balanced meals to seniors (over 62 years in age) at the Eddie D. Smith Center. A registered dietician participates in the meal preparation process to maximize the quality of each meal. The provision of balanced and nutrient rich meals helps mitigate the development of serious health issues. The recommended $16,944 allocation will result in the FSA cont inuing to provide nutritious meals to our senior community.

FINANCIAL IMPACT

The 2022-23 Annual Action Plan provided a $166,944.00 budget for Public Service Grants. The services described in the attached Agreement with Path of Life Ministries and the Family Service Association are reimbursable to the City through the City’s 2022- 23 CDBG allocation.

ALTERNATIVES

1. Do not approve the Agreement with Path of Life Ministries.

2. Do not approve the Agreement with Family Service Association.

3. Provide alternate direction to Staff.

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

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COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND PATH OF LIFE MINISTRIES, INC.
(Homelessness Services)
THIS AGREEMENT is made and entered into as of July 1, 2022, by and between the CITY OF JURUPA VALLEY , a California municipal corporation ( “City”) and PATH OF LIFE MINISTRIES, INC., a California non-profit corporation (“Subrecipient”). In consideration of the mutual covenants set forth herein, and the mutual ben efits to be derived there from, City and Subrecipient agree as follows:

1. RECITALS. The parties hereto agree that this Agreement is made with respect to the following purposes:

1.1 The City has applied for and been approved for grant funds from the United States Department of Housing and Urban Development ( “HUD”) for City’s fiscal year 2022-23 Community Development Block Grant ( “CDBG”), Catalog of Federal Domestic Assistance (“CFDA”) No. 14.218, Program and will administer/monitor the distribution of said funds.

1.2 The Subrecipient h as submitted its proposal to the Community & Economic Development Department, Development Division to receive funding from the City’s fiscal year 2022-23 CDBG Program, pursuant to the Housing and Community Development Act of 1974, as amended.

1.3 The Federal Accounting and Transparency A ct of 2006 ( “the Act ”) became effective on October 1, 2010, and requires all CDBG grant recipients to include specific provisions in their grant agreements that are identified in Section 11.8 below.

1.4 Subrecipient agrees and understands that the Act requires additional reporting requirements, which includes providing information regarding the total compensation and names for the top five highest paid executives of its agency. Further, Subreci pient is referred to as the “Contractor” in Section 11.8 below.

2. SCOPE OF SERVICES. Subrecipient shall provide Homeless Services Program services, as more particularly described in Exhibit “A”, entitled Scope of Services ( “Services”), and Exhibit “B” , entitled Budget ( “Budget”), attached and incorporated by reference, in accordance with this Agreement.

3. TERM. The term of this Agreement shall be from July 1, 2022, to June 30, 2023, except that this Agreement shall remain in effect during any period that S ubrecipient has control over CDBG funds, including program income.

4. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this Agreement for a total sum not to exceed one-hundred and fifty thousand dollars ($150,000.00). Payment shall be made purs uant to the Budget and Section 10.6 of this Agreement. Invoices submitted by Subrecipient shall be delivered to C ity in accordance with Section 5.
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5. NOTICES. Any notices, invoices , or payments provided for, or required, to be given hereunder shall be in wri ting and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified , and postage prepaid, addressed to the party to be served as follows:

City
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Subrecipient
Path of Life Ministries, Inc.

P.O. Box 1445
Riverside, CA 92502

6. AVAILABILITY OF FUNDS/AUTHORIZATION . The City’s allocation of funding to Subrecipient pursuant to this Agreement is contingent upon the availability to the City of CDBG funds and continued authorization for program activities by HUD, and is subject to amendment or termination due to lack of funds or authorization in accordance with Section 10.15.

This Agreement is subject to wr itten modification or termination as necessary by City in accordance with requirements of future CDBG amendments, regulations or City policy. In addition, this Agreement may be amended or terminated as provided in Sections 9.5 and 9.6 of this Agreement.

7. EFFECTIVE DATE . This Agreement, following its execution by City and Subrecipient, shall not become effective until such time as the City Manager, or his or her designee:
submits to Subrecipient written notice that : (1) The City Manager , or his or her desig nee, has determined and verified, in his or her sole discretion, that Subrecipient is an eligible subrecipient (“Eligible Subrecipient”) as defined in Title 24, Code of Federal Regulations section 570.204(c); and (2) the allocation and availability of funds as described in Section 6 has occurred. Subrecipient represents and warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify City in writing of such lapse of qualification.

8. COMPLIANCE. By executing this Agreement, the Subrecipient hereby certifies that it will adhere to and comply with the same obligations to the City that the City has undertaken with HUD pursuant to its application and certifications for CDBG funds, including, but not limited to, the following, as they may be applicable to Subrecipient pursuant to the U.S. Housing and Community Development Act of 1974, as amended:

A. The Housing and Community Development Act of 1974, as amended, and legislative changes contained in the Housing and Urban -Rural Recovery Act of 1983, and the Housing and Community Development Act of 1987;
B. Regulations of the Department of Housing and Urban Development relating to CDBG, including all Federal laws and regulations described in subpart K of 24 CFR Part 570 , except that:
(1) Subrecipient does not assume City’s responsibility for initiating the review process under the provisions of 24 CFR part 52; and -3-
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(2) Subrecipient does not assume City’s environmental responsibilities; C. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and implementing regulations issued at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968 ( P.L. 90-284) as amended; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 1968, as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; D. Section 504 of the Rehabilitation Act of 1973 (P.L. 93 -112), as amended, and implementing regulations;
E. The Age Discrimination Act of 1975 (P.L. 94 -135), as amended, and implementing regulations;
F. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
G. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; H. Executive Order 1 1988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; I. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234);
J. The regulations, policies, guidelines and requirements of 2 CFR Part 200 as they relate to the acceptance and use of federal funds under the federally-assisted program; K. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821 et seq.), the Residential Lead-Based Paint Hazard Act of 1992 (42 U.S.C. § 4851-4956) and the regulations of 24 CFR Part 35; and safety regulations; and
L. The Federal Accounting and Transparency Act of 2006, P.L. 109 -282, as amended by Section 6202(a) of P.L. 110-252.

Copies of some of the foregoing Policies and Regulations are attached hereto as Exhibit “C”.

9. GENERAL CONDITIONS.

9.1 Subrecipient as Independent Contractor. In the performance of this Agreement, Subrecipient, and Subrecipient’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City. Subrecipient acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes -4-
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or to provide workers ’ compensation or unemployment insurance to Subrecipient, or to Subrecipient’s employees, subcontractors and agents. Subrecipient, as an independent contractor, shall be responsible for any and all taxes that apply to Subrecipient as an employer.

9.2 Indemnity.

A. Except as to the sole negligen ce or willful misconduct of the City, Subrecipient shall defend, indemnify, and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, in cluding attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Subrecipient or any of its employees, agents or subcontractors and from all claims by Subrecipient ’s employees, subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful miscondu ct, or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient’s employees, subcontractors, or agents. Subrecipient understands and agrees that it shall defend the City from any claim even if it appears to be without merit.

B. Subrecipient shall also defend, indemnify and hold City harmless from any loss, damage or attorneys ’ fees incurred because of any claim by any person or entity, including HUD, because Subrecipient has failed to meet any CDBG requirements.

C. The parties also expressly agree that any payment, attorneys’ fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City’s self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement.

9.3 Insurance.

A. General Provisions . Prior to the City’s execution of this Agreement, Subrecipient shall provide satisfactory evidence of, and shall thereaf ter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City Manager, or his or her designee, unless such modification is prohibited by law.

B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient’s indemnification obligations under Section 9.2 hereof.

C. Ratings. Any insurance policy or coverage provided by Subrecipient or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder ’s rating of A or higher and a Financial Class of VII or higher.

D. Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
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E. Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage as Subrecipient deems adequate, at Subrecipient’s sole expense.

F. Workers’ Compensation Insuranc e: By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to u ndertake self -insurance before commencing any of the work.

Subrecipient shall carry the insurance or provide for self -insurance required by California law to protect said Subrecipient from claims under the Workers ’ Compensation Act. Prior to City ’s execution of this Agreement, Subrecipien t shall file with City either (i ) a certificate of insurance showing that such insurance is in effect, or that Subrecipient is self -insured for such coverage, or (ii) a certified statement that Subrecipient has no employees , and acknowledging that if Subrecipient does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given at least ten (10) days prior written notice before modification or cancellation thereof.

G. Commercial General Liability . Prior to City ’s execution of this Agreement, Subrecipient shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance as req uired to insure Subrecipient against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Subrecipient. The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s insurance policies.
(1) Subrecipient’s commercial general liability insurance policy shall cover both bodi ly injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent contractor ’s liability, personal injury liability, and contractual liability) in an amount not less than one million dollars ($1,000,000) per occurrence and a general aggregate limit in the amount of not less than two million dollars ($2,000,000).
(2) Prior to City ’s execution of this Agreement, copies of insurance policies or original certificates a nd additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees, and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Jurupa Valley , and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Jurupa Valley. -6-
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H. Subcontractors’ Insurance . Subrecipient shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors ’ scope of work and activities provided in furtherance of this Agreement, including, without limitation, the following coverages: Workers ’ Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability.

Upon City’s request, Subrecipient shall provide City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.

I. Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those Subrecipients that do not require the use of an automobile to meet program requirements as detailed in the Scope of Work.
(1) Subrecipients that require the use of an automobile or must drive to meet program requirements in the Scope of Work must submit insurance certificates acceptable to City that meet the following requirement(s):
(2) Subrecipient’s automobile lia bility policy shall cover both bodily injury and property damage in an amount not less than one million dollars ($1,000,000) per occurrence and an aggregate limit of not less than one million dollars ( $1,000,000). All of Subrecipient’s automobile and/or co mmercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient ’s performance of this Agreement, which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Subrecipient leased vehicles, Subrecipient’s employee vehicles, non-Subrecipient owned vehicles and hired vehicles. (3) The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s automobile insurance policy.

J. All insurance deductibles shall not exceed twenty -five thousand dollars ($25,000) unless the City Manager approves in writing another deductible amount prior to commencement of work.

9.4 Recognition of City. Subrecipient shall ensure recognition of the City in providing funding for th e Services provided by this Agreement. All activities, facilities, items and publications utilized or made possible pursuant to this Agreement shall indicate the funding source.

9.5 Amendment. In addition to the City’s right to modify pursuant to Section 6 of the Agreement, this Agreement may only be modified by written agreement between City and Subrecipient.

9.6 Termination. In addition to the City’s right to terminate pursuant to Section 6 of this Agreement, this Agreement may be terminated at any time by either party upon giving thirty (30) day notice in writing to the other party. The City Manager, or his or her designee, is hereby empowered to give said notice, subject to ratification by the City Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation , or substantial reduction in Grant funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if Subrecipient materially fails to comply with any term of this Agreement, or the award that is the subject of this Agreement, whether stated in a Federal -7-
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statute or regulation, an assurance, in a State plan or obligation, a notice of award , or elsewhere, the awarding agency or City may take any one or more of the following actions, as appropriate in the circumstances:

A. Temporarily withhold cash payments pending cor rection of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; B. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; C. Wholly or partly suspend or terminate the current award for the City’s or Subrecipient’s program;
D. Withhold further awards for the program; or
E. Take other remedies that may be legally available.

Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with 2 CFR Part 200.

9.7 Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reason ably avoidable are allowed if (i ) the costs resulted from obligations whi ch were properly incurred by the Subrecipient before the effective d ate of suspension or termination, are not in anticipation of it, and, in the case of a termina tion, are noncancellable; and (ii ) the costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.

9.8 Extensions. This Agreement, and all of its terms and conditions, may be extended upon the written request of Subrecipient to the City, setting forth the reasons for such request and upon written consent of the City Manager, or a designee, upon a determination that the extension is in the best interest of the City and Subrecipient in performing Services under this Agreement.

This Agreement may be extended for one fiscal year in the sole discretion of the City Manager, at which time this Agreement shall automatically terminate. Extensions shall be requested in writing from the City Manager at least sixty (60) days prior to the termination of the Agreement, unless the City Manager, in his or her sole discretion, agrees in writing to shorten the time in which an extension may be requested.

10. ADMINISTRATIVE REQUIREMENTS.

10.1 Revenue Disclosure Requirement.

A. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City a written statem ent listing all revenue received, or expected to be received, by Subrecipient from Federal, State, City, County, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by -8-
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Subrecipient in cond ucting current or prospective projects, programs, or business activities, including, but not limited to the project, program, or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such proje ct, program, or business activity, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project, program, or business activity, and the full name and address of such governmental agency.

B. For those pro jects, programs, and business activities in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total project, program, or business activity regardless of funding sources.

10.2 Use of Grant Funds. Except as otherwise limited by this Agreement, Grant funds shall be used exclusively to implement the project, program, business activity, and carry -out the Services. Grant funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non -program activities. All bank accounts for Subrecipient shall be non-interest bearing and Subrecipient agrees that it shall not use Grant funds to pay for entertainment, meals, or gifts.

10.3 Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Budget. Subrecipient shall not make expenditures that deviate from the Budget without prior written approval of the City Manager, or his or her Designee. City may approve Budget modifications to this Agreement for the movement of funds within the budget categories when such modifications: (i) do not exceed ten thousand dollars ($10,000) per budget cost category; (ii) are specifically requested by City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project, program, or business activity goals or scope of services; (v) are in the best interests of City and Subrecipient in performing the scope of services under this Agreement; and (vi) are related to salaries, are in accordance with applicable salary ordinances or law.

10.4 Property and Equipment.

A. Non-Expendable Property or Equipment . Subrecipient shall maintain a record for each item of non-expendable property or equipment acquired for this project, program, or business activity with Grant funds. This record shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City. Non- expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exceeds the lesser of: (i) the capitalization level established by the organization for the financial statement purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit.

B. Approval. Subrecipient shall not purchase or agree to purchase non - expendable property and/or equipment without the prior written approval from the City Manager, or his or her Designee. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of said non -expendable property acquired for this project, -9-
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program, or business activity and Grant funds in compliance with applicable laws and regulations.

Said disposition may include, but is not limited to, City taking possession of said non-expendable property and/or equipment.

C. Expendable Personal Property. Expendable personal property refers to all tangible personal property other than non -expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Five Thousand Dollars ($5,000) or more per unit without the prior written approval of the City Manager, or his or her Designee.

D. Purchase or Lease of Non -Expendable Property or Equipment .

Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Five Thousand Dollars ($5,000) in unit value as approved in the Budget. Subrecipient shall purchase or lease from the lowest responsive bidder. All equipment that has a purchase or lease price of over Five Thousand Dollars ($5,0 00) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by Subrecipient. This inventory shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City.

E. Acquisition of Supplies and Equipment . Following approval by City Manager for necessary supplies and equipment for Agreement perf ormance, Subrecipient may purchase from a related agency/organization only if: (i) prior authorization is obtained in writing from City; (ii) no more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by City Manager; and (iii) a community related benefit is derived from such Subrecipient or its employees, agents or officers.

F. Purchase and Invoice Deadlines . Purchase of equipment and property, other than supplies, shall be completed before th e first day of the last three (3) months of the Agreement period and all equipment bills are to be paid before the first day of the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement. Invoices, which have not been received by the City within thirty (30) days after the Agreement termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City Manager.

10.5 Changes in Grant Allocation . City reserves the right to reduce the grant allocation when C ity’s fiscal monitoring indicates that Subrecipient ’s rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with Subrecipient. Such changes shall be incorporated int o this Agreement by written amendments.

10.6 Costs and Method of Payment.

A. Invoicing. The City shall pay to the Subrecipient the Grant amount specified in Section 4 of this Agreement above on a reimbursable basis for all approved costs. The -10-
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Subrecipient shall submit no more often than monthly to the authorized representatives of the City, a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with supporting documentation which specific ally states how funds were expended. At City’s discretion and in accordance with HUD regulations, said documentation may include, but will not be limited to, cancelled checks, invoices, receipts, payroll logs and employee time sheets.

B. Reimbursement. The City shall promptly review the monthly expenditure statement and supporting documentation and reimburse the Subrecipient for approved costs in accordance with its usual accounting procedures, but in no event later than thirty (30) days. The City may require additional information from Subrecipient as may be necessary and appropriate for the City to make its determination as to allowable costs.

10.7 Program Income.

A. The term “program income ” means any gross income received by the Subrecipient that is directly generated from the use of Grant funds (24 CFR § 570.500(a)). Program income includes, but is not limited to, the following: (i) proceeds from the disposition by sale or long-term lease of rental property purchased or improved with Grant funds; (ii) proceeds from the disposition of equipment purchased with Grant funds; (iii) gross income from the use or rental of real or personal property acquired with Grant funds, less the costs incidental to the generation of the income, pending the disposition or use for which the property was acquired; (iv) gross income from the use or rental of real property owned by Subrecipient that was constructed or improved with Grant funds, less the costs incidental to the generation of the income; (v ) payments received of principal and interest on loans made with Grant funds; (vi) interest earned on Grant funds held in a revolving fund account; and (vii) interest earned on program income, pending the disposition of such program income.

B. As defined in 24 CFR § 570.500(a)(4)(i), program income does not include any income received in a single program year by City and Subrecipient if the total amount of such income does not exceed Twenty-five Thousand Dollars ($25,000). When such income is generated by an activity that is only partially assisted with Grant funds, the program income shall be prorated to reflect the percentage of Grant funds actually used by Subrecipient. Subrecipient shall account for program income in accordance with the standards included in 2 CFR Part 200 and 24 CFR Part 500.

10.8 Recording of Program Income. Program income shall only be allowed under this Agreement, if previously approved by the City and evidenced in the Budget. If the Budget includes any of the aforementioned categories of program income or other categories defined in 24 CFR § 570.503(a), (b)(3) and (8), and § 570.504, Subrecipient shall record the receipt and expenditure of program income, as defined above and in 24 CFR § 570.500(a), as part of the permanent records of the financial transactions of the grant program.

10.9 Retention of Program Income . Program income received by Subrecipient, as approved in the Budget, may be retained by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Services. Furthermore, all other provisions of this Agreement shall apply to any services provided with program income. Program income -11-
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must be used before drawing down additional grant funds from the City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was established, before drawing down additional Grant funds for the activity.

10.10 Reversion of Assets. Subrecipient hereby agrees to return all program income, as defined by 24 CFR § 570.500, which is on hand upon expiration of this Agreement, or which is received after the Agreement’s expiration, to the City as required by § 570.503(b)(7) of said Title.

Upon expiration of the Agreement, real property under Subrecipient ’s control acquired or improved in whole or in part with Grant funds (including Grant funds provided to Subrecipient in the form of a loan) in excess of Twenty -five Thousand Dollars ($25,000) shall be either: (i) used to meet one of the national objectives in 24 CFR § 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) not used in accordance with 24 CFR § 570.503(b)(7)(i), in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -Grant funds for the acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified above.

10.11 Use of Real Property . Subrecipient hereby agrees to comply with 24 CFR § 570.505 governing the use of real property. For the purposes of this Agreement “real property” means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Said standards apply to real property within Subrecipient ’s control which was acquired or improved in whole or in part using Grant funds in excess of Twenty- five Thousand Dollars ($25,000). These standards shall apply from the date Grant fun ds are first spent for the property until five years after the expiration of the Agreement under which the CDBG assistance was last provided to Subrecipient for the property.

10.12 NEPA Compliance . Subrecipient agrees that when Grant funds in excess of Twenty-five Thousand Dollars ($25,000) are used by Subrecipient to acquire real property or construct or add fixtures to a public facility Subrecipient will comply with the National Environment Policy Act of 1969, the California Environment Quality Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and California Government Code § 7260, et seq.

10.13 Change in Use . Subrecipient may not change the use or planned use of the real property, including the beneficiaries of such use, fro m that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change. After the public comment period has taken place, the change of use must be ap proved in writing by City. The new use of the real property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the property shall not serve as a building for the general conduct of government in its projected new use.
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10.14 Disposition of Real Property. Real property may be disposed of in the following manner, only after City has provided affected citizens with reasonable notice, and after receiving prior written approval from City Manager that the property is no longer needed for a use which meets one of the aforementioned three national objectives of the CDBG Program:

A. Title to the real property shall vest in Subrecipient su bject to the condition that Subrecipient shall use the real property for the authorized purpose of the project, program, or business activity as long as it is needed, and shall not encumber the property without approval of the City;
B. While held by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be used exclusively for the purposes for which acquisition, construction or improvement was originally approved;
C. Written approval from the City Manager must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds;
D. Should the real property or the improved or constructed facility be used, during the term set forth in this Agreement, for a purpose not consistent with applicable federal regulations governing Grant funds or should Subrecipient desire to sell the real property or facility, then:
(1) If Subrecipient retains title, it wil l have to either reimburse to the City an amount that represents the percentage of current fair market value that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or add fixtures to the facility; or
(2) If Subrecipient sells the property or facility or is required to sell or otherwise convey the property or facility, Subrecipient is to reimburse either City an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or improve the facility. This percentage amount will be calculated after deducting all ac tual and reasonable cost of sale from the sale proceeds.

E. If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in 24 CFR § 570.504(b)(4) or (5), as applicable, shall apply to the use of funds reimbursed.

F. Following the reimbursement to the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements.

10.15 Fiscal Limitations. The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on Grant funds not presently anticipated. Accordingly, City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit Subrecipient ’s authority to commit and spend funds, and may restrict Subrecipient ’s use of both its uncommitted and its -13-
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unspent funds. Where HUD has directed or requested City to implement a reduction in funding, with respect to funding for this Agreement, the City Manager, or his or her designee, may act for City in implementing and effecting such a reduction and in revisi ng the Agreement for such purpose. The City Manager, or his or her designee, may act for City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days writte n notice to Subrecipient of his or her intention to so act. In no event, however, shall any revision made by City affect expenditures and legally binding commitments made by Subrecipient before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.

10.16 Program Records . The Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and its regulations , including 2 CFR Part 200, and 24 CFR Part 570 or other applicable law, such records shall be maintained for the longer of (i) 3 years after the expiration or termination of this Agreement, or (ii) 3 years after the submission of the annual performance and evaluation report, as prescribed in 24 CFR

91.520, in which the specific activity is reported on for the final time. The Subrecipient specifically shall prepare and maintai n the following records and reports , as a applicable, to assist City in maintaining its record keeping requirements:

A. Records:
(1) Documentation of the income level as defined by the HUD Guidelines set forth on the Compliance Report (copy of report form attached hereto as Exhibit “C” of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity).
(2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity.
(3) Documentation of all Grant funds received from the City or other funds to operate the project, program, or business activity herein by Subrecipient.
(4) Documentation of expenses as identified in the Subrecipient’s Annual Program Budget.
(5) Any other related records as City shall require from time to time.

B. Reports:
(1) Payment Request form.
(2) Quarterly reports to City as shown on the attached Quarterly Compliance Report commencing July 1 of the Program Year and -14-
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ending June 30 of t he Program Year (a copy of the report and schedule of deadlines are attached hereto as Exhibit “C”). (3) Any such other reports as City shall reasonably require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein.

10.17 Performance Monitoring . The City wil l monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated.

10.18 Accounting Standards. The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain source documentation for all costs incurred.

10.19 Cost Principles . The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200, as applicable.

10.20 Audits.

A. Records. The Subrecipient’s records shall be open to inspection and audit by the authorized representatives of the City, HUD and the Comptroller General during regular working hours. Said records shall be retained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less t han five (5) years after completion of an audit. Records which relate to (i) complaints, claims, administrative proceedings or litigation arising out of the perf ormance of this Agreement, or (ii ) costs and expenses of this Agreement to which City or any ot her governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation claims or exceptions.

B. External Audits. If required by HUD, Subrecipient shall obtain an external audit in accordance with the single audit regulations. The audit report shall be submitted to City within 180 days after the termination of this Agreement. Subrecipients which receive less than $750,000 in total federal financial assistance annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U .S.C. § 7502(f)(2)(B). The cost of any independent audits or attestation engagements, other than limited scope audits shall not be charged to the Federal awards in accordance with 2 CFR Part 200 and 31 U .S.C. § 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with 2 CFR Part 200 and 31 U.S.C. § 7502(a)(1)(A).

10.21 Personnel. Subrecipient shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Subrecipient recognizes that the qualifications and experience of the personnel to be use d are vital to professional and timely completion of the Services.
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11. MISCELLANEOUS PROVISIONS.

11.1 Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and program participants in a manner, which is non - discriminatory.

11.2 National Origin and Race. Subrecipient shall abide by § 570.601 and § 570.912 of the Code of Federal Regulations at Title 24 which requires that no person in the United States shall on the ground of religion, race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds.

11.3 Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, genetic information, gender, gender identity, or gender expression.

11.4 Disabilities. Pursuant to the Americans with Di sabilities Act and specifically 42 USC § 12132, Subrecipient acknowledges and agrees that in the performance of the Grant, no qualified individual shall, by reason of a disability, be excluded from participation in or be denied the b enefits of the services, programs or activities of City or Subrecipient or be subjected to discrimination by City or Subrecipient.

11.5 Conflict of Interest.

A. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed offi cials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e).

B. Prior to any funding under this Agreement, Subrecipient shall provide City with a list of all employees and their job titles, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. Subreci pient shall also promptly disclose to City any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Ag reement. Any violation of this S ection shall be deemed a material breach of this Agreement, and City shall immediately terminate the Agreement.

11.6 Religious Proselytizing or Political Activities . Subrecipient agrees that it will abide by the requirements set forth in 24 CFR § 570.200; and as such Subrecipient agrees that, in connection with such public services:
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A. It will not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services. If such activities are conducted, the activities must be offered separate ly, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services; and
B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. It may not use CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CD BG funds.

Sanctuaries, chapels, or other rooms that a CDBG -funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG -funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition.

11.7 Lobbying. Subrecipient certifies to the best of its knowledge and belief, that:

A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subr ecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

11.8 Reporting Executive Compensation and First-Tier Subcontract Awards.

A. Definitions. As used in this clause:
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“Executive” means officers, managing partners, or any other employees in management positions.
“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including const ruction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long -term arrangements for materials or supplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax- qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

B. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (P ub. L. 109 -282), as amended by section 6202 the Government Funding Transparency Act of 2008 (Pub. L. 110 -252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

C. (1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) -18-
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(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor ’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract,
including the overall purpose and expected o utcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine- digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS).
(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor’s preceding completed fiscal year at http://www.ccr.gov, if:
(i) In the Contractor ’s precedin g fiscal year, the Contractor received:
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(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contr acts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the executives throug h periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o(d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
(3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first -tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first -tier subcontractor for the subcontractor ’s preceding completed fiscal year at http://www.fsrs.gov, if:
(i) In the subcontractor ’s preceding fiscal year, the
subcontractor received:
(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the executives throug h periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o (d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
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D. (1) If the Contractor in the previous tax year had gross income, from all sources, under $750,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $750,000, the Contractor does not need to report awards to that subcontractor.

E. Phase-in of reporting of subcontracts of $25,000 or more:
(1) Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more. (2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more. (3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.

11.9 Registration. Subrecipient agrees to maintain a current registration in the federal central contractor registration (“CCR”) database (http:/ www.ccr.gov) pur suant to the Federal Funding Accountability and Transparency Act, P.L. 109 -282, as amended by Section 6202(a) of P.L. 110-252. If Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this Agreement. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://DNB.com) is required for registration in the CCR.

12. No Duplication of Benefits. In consideration of Subrecipient’s receipt of CDBG funds from the City, Subrecipient hereby assigns to City all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency or other program to the extent of proceeds paid to Subrecipient under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits (“DOB”). Upon receiving any DOB proc eeds, Subrecipient shall immediately notify the City. If some or all of the proceeds are determined to be a DOB, the portion of Subrecipient’s CDBG funds that is a DOB shall be paid to the City forthwith.

13. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference as though set forth in full:

Exhibit “A” - Scope of Services
Exhibit “B” - Budget
Exhibit “C” - Polices and Regulations
Exhibit “D” - Subaward Information

(Signatures on Following Page)
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IN WITNESS WHEREOF, City and Subrecipient have caused this Agreement to be duly executed the day and year first above written.

CITY OF JURUPA VALLEY, a California
municipal corporation

__________________________________
Chris Barajas
Mayor

Attest:

___________________________________
Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM:

___________________________________
Peter M. Thorson
City Attorney

PATH OF LIFE MINISTRIES, INC , a
California non-profit corporation
By:

Name:

Title: ________________________________

By:

Name:

Title: ________________________________

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EXHIBIT “A”

SCOPE OF SERVICES
The project will provide the following Homelessness Services (Rapid Resolution Services) at a cost of $150,000:

1. Path of Life Ministries (“POLM”) Street Outreach Services will serve a minimum of 100 unduplicated individuals with Outreach/Shelter/Homeless Prevention services.

2. Two (2) Full Time Staff will conduct street outreach and case management services Monday through Friday to homeless individuals in the City of Jurupa Valley. POLM Street Outreach Team will provide Outreach/Contact/Engagement to a minimum of 75 unduplicated individuals.

3. An intake/enrollment including a VI-SPDAT assessment will be completed for each individual engaged/enrolled. This will determine their eligibility for (Rapid Rehousing (RRH) or Permanent Supportive Housing (PSH) and ensure that all eligible chronically homeless individuals are entered in the county-wide coordinated entry system.

4. The Street Outreach Team will document and track their contacts, interactions, and progress with the individuals they provide services to as well as the locations in which they are contacting homeless individuals and encampments.

5. A case plan will be established with those who accept case management services and those who enter POLM shelter services. Special Needs Assistance may be provided if supplemental funds become available.

6. POLM will assist with transportation needs that contribute to an exit from the homeless situations for those who are interested. A minimum of 25 individuals are projected to receive transportation assistance.

7. POLM will collaborate with community partners including Riverside County Sherriff’s Department HOT Team, Jurupa Valley Codes Department and other community based agencies to coordinate efforts to provide homeless solutions in Jurupa Valley.

8. POLM will serve a minimum of 50 unduplicated individuals from Jurupa Valley in POLM Shelters. The equivalent of 1,000 bed nights in POLM shelters will be provided for Jurupa Valley residents with 4 beds being available on any given night for Jurupa Valley Residents.

Additional bed nights and/or beds will be provided for any Jurupa Valley resident seeking shelter based upon availability.

9. POLM will assist individuals and families who are at risk of becoming homeless due to strained housing conditions such as past due utility payments and rent burden. A minimum of 7 unduplicated households will receive homelessness prevention (rent/utility) assistance.

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EXHIBIT “B”
BUDGET

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EXHIBIT “C”

POLICIES AND REGULATIONS

The City has on file the Path of Life Ministries handbook that includes all policies and procedures. -25-
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EXHIBIT “D”

SUBAWARD INFORMATION

1. Subrecipient Name (which must match registered name in DUNS): Path of Life Ministries

2. Subrecipient’s DUNS Number: 00-336-4176

3. Federal Award Identification Number (FAIN): B-19-MC-06-0607

4. Federal Award Date (see 2 CFR § 200.39): _____________________________________

5. Subaward Period of Performance Start Date and End Date: 7/1/2022-6/30/2023

6. Amount of Federal Funds Obligated by this Activity: $150,000

7. Total Amount of Federal Funds obligated to Subrecipient: $150,000

8. Total Amount of the Federal Award: _______________________

9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Homelessness Services

10. Name of Federal Awarding Agency: Department of Housing and Urban Development

11. Name of Pass-through Entity and Contact Information for Awarding Official: City of Jurupa Valley, rod R. Butler, City Manager, (951) 332-6464, [email protected]

12. Catalog of Federal Domestic Assistance (CFDA) Number and Name: 14.28 CDBG

13. Identification of whether the Award is Research & Development: Not applicable

14. Indirect Cost Rate for the Federal Award: Not applicable

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COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF JURUPA

VALLEY AND FAMILY SERVICE ASSOCIATION
(Senior Nutrition Program)
THIS AGREEMENT is made and entered into as of July 1, 2022, by and between the CITY OF JURUPA VALLEY , a California municipal corporation ( “City”) and FAMILY SERVICE ASSOCIATION , a California non-profit corporation (“Subrecipient”). In consideration of the mutual covenants set forth herein, and the mutual benefits to be derived there from, City and Subrecipient agree as follows:

1. RECITALS. The parties hereto agree that this Agreement is made with respect to the following purposes:

2. SCOPE OF SERVICES . Subrecipient s hall provide Senior Nutrition Program services, as more particularly described in Exhibit “A”, entitled Scope of Services ( “Services”), and Exhibit “B” , entitled Budget ( “Budget”), attached and incorporated by reference, in accordance with this Agreement.

4. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this Agreement for a total sum not to exceed sixteen thousand nine hundred and forty four dollars ($16,944). Payment shall be made pursuant to the Budget and Section 10.6 of this Agreement. Invoices submitted by Subrecipient shall be delivered to City in accordance with Section 5.
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5. NOTICES. Any notices, invoices , or payments provided for, or required, to be given hereunder shall be in writing and shall be personally se rved or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified , and postage prepaid, addressed to the party to be served as follows:

City
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Subrecipient
Family Service Association
21250 Box Springs Road, Suite 212
Moreno Valley, CA 92557

This Agreement is subject to written modification or termination as necessary by City in accordance with requirements of future CDBG amendments, regulations or City policy. In addition, this Agreement may be amended or terminated as provided in Sections 9.5 and 9.6 of this Agreement.

7. EFFECTIVE DATE . This Agreement, following its execution by City and Subrecipient, shall not become effective until such time as the City Manager, or his or her designee:
submits to Subrecipient written notice that : (1) The City Manager , or his or her designee , has determined and verified, in his or her sole discretion, that Subrecipient is an eligible subrecipient (“Eligible Subrecipient”) as defined in Title 24, Code of Federal Regulations section 570.204(c); and (2) the allocation and availability of funds as described in Section 6 has occurred. Subrecipient represents and warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in th is regard, in the event Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify City in writing of such lapse of qualification.

A. The Housing and Community Development Act of 1974, as amended, and legislative changes contained in the Housing and Urban -Rural Recovery Act of 1983, and the Housing and Community Development Act of 1987;
B. Regulations of the Department of Housing and Urban Development relating to CDBG, including all Federal laws and regulations described in subpart K of 24 CFR Part 570 , except that:
(1) Subrecipient does not assume City’s responsibility for initiating the review process under the provisions of 24 CFR part 52; and -3-
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(2) Subrecipient does not assume City’s environmental responsibilities; C. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and implementing regulations issued at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968 (P.L. 90 -284) as amended; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 1968, as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; D. Section 504 of the Rehabilit ation Act of 1973 (P.L. 93 -112), as amended, and implementing regulations;
E. The Age Discrimination Act of 1975 (P.L. 94 -135), as amended, and implementing regulations;
F. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
G. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; H. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; I. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234);
J. The regulations, policies, guidelines and requirements of 2 CFR Part 200 as they relate to the acceptance and use of federal funds under the federally-assisted program; K. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821 et seq.), the Residential Lead-Based Paint Hazard Act of 1992 (42 U.S.C. § 4851-4956) and the regulations of 24 CFR Part 35; and safety regulations; and
L. The Federal Accounting and Transparency Act of 2006, P.L. 109 -282, as amended by Section 6202(a) of P.L. 110-252.

Copies of some of the foregoing Policies and Regulations are attached hereto as Exhibit “C”.

9. GENERAL CONDITIONS.

9.1 Subrecipient as Independent Contractor. In the performance of this Agreement, Subrecipient, and Subrecipient’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City. Subrecipient acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes -4-
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or to provide workers ’ compensation or unemployment insurance to Subrecipient, or to Subrecipient’s employees, subcontractors and agents. Subrecipient, as an independent contractor, shall be responsible for any and all taxes that apply to Subrecipient as an employer.

9.2 Indemnity.

A. Except as to the sole negligen ce or willful misconduct of the City, Subrecipient shall defend, indemnify, and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Subrecipient or any of its employees, agents or subcontractors and from all claims by Subrecipient ’s employees, subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct , or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient’s employees, subcontractors, or agents. Subrecipient understands and agrees that it shall defend the City from any claim even if it appears to be without merit.

9.3 Insurance.

A. General Provisions . Prior to the City’s execution of this Agreement, Subrecipient shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City Manager, or his or her designee, unless such modification is prohibited by law.

B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient’s indemnification obligations under Section 9.2 hereof.

C. Ratings. Any insurance policy or coverage provided by Subrecipient or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authoriz ed to transact insurance business in the State of California with a policy holder ’s rating of A or higher and a Financial Class of VII or higher.

D. Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
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E. Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage as Subrecipient deems adequate, at Subrecipient’s sole expense.

F. Workers’ Compensation Insurance : By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liabilit y for workers’ compensation, or to undertake self -insurance before commencing any of the work.

Subrecipient shall carry the insurance or provide for self -insurance required by California law to protect said Subrecipient from claims under the Workers ’ Compensation Act. Prior to City ’s execution of this Agreement, Subrecipien t shall file with City either (i ) a certificate of insurance showing that such insurance is in effect, or that Subrecipient is self -insured for such coverage, or (ii) a certified statement that Subrecipient has no employees, and acknowledging that if Subrecipient does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given at least ten (10) days prior written notice before modification or cancellation thereof.

G. Commercial General Liability . Prior to City ’s execution of this Agreement, Subrecipient shall obtain, and shall thereafter maintain during the term of this Agreement, commercia l general liability insurance as required to insure Subrecipient against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirec tly employed by, connected with, or acting for or on behalf of Subrecipient. The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s insurance policies.
(1) Subrecipient’s commercial general liability in surance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent contractor ’s liability, personal injury liability, and contractual liability) in an amount not less than one million dollars ($1,000,000) per occurrence and a general aggregate limit in the amount of not less than two million dollars ($2,000,000).
(2) Prior to City ’s execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees, and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Jurupa Valley , and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Jurupa Valley. -6-
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H. Subcontractors’ Insurance . Subrecipient shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors ’ scope of work and activities provided in furtherance of this Agreement, including, without limitation, the following coverages: Workers’ Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability.

Upon City’s request, Subrecipient shall provide City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.

I. Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those Subrecipients that do not require the use of an automobile to meet program requirements as detailed in the Scope of Work.
(1) Subrecipients that require the use of an automobile or must drive to meet program requirements in the Scope of Work must submit insurance certificates acceptable to City that meet the following requirement(s):
(2) Subrecipient’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than one million dollars ($1,000,000) per occurrence and an aggregate limit of not less than one million dollars ( $1,000,000). All of Subrecipient’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient ’s performance of this Agreement, which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Su brecipient leased vehicles, Subrecipient’s employee vehicles, non-Subrecipient owned vehicles and hired vehicles. (3) The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s automobile insurance policy.

J. All insurance deductibles shall not exceed twenty -five thousand dollars ($25,000) unless the City Manager approves in writing another deductible amount prior to commencement of work.

9.4 Recognition of City. Subrecipient shall ensure recognition of the City in providing funding for the Services provided by this Agreement. All activities, facilities, items and publications utilized or made possible pursuant to this Agreement shall indicate the funding source.

9.5 Amendment. In addition to the City’s right to modify pursuant to Section 6 of the Agreement, this Agreement may only be modified by written agreement between City and Subrecipient.

9.6 Termination. In addition to the City’s right to terminate pursuant to Section 6 of this Agreement, this Agreement may be terminated at any time by either party upon giving thirty (30) day notice in writing to the other party. The City Manager, or his or her designee, is hereby empowered to give said notice, subject to ratification by the City Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation , or substantial reduction in Grant funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if Subrecipient materially fails to comply with any term of this Agreement, or the award that is the subject of this Agreement, whether stated in a Federal -7-
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statute or regulation, an assurance, in a State plan or obligation, a notice of award, or elsewhere, the awarding agency or City may take any one or more of the following actions, as appropriate in the circumstances:

Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with 2 CFR Part 200.

9.7 Costs Following Termination . Costs of Subrecipient r esulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reason ably avoidable are allowed if (i ) the costs resulted from obligations whi ch were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termina tion, are noncancellable; and (ii ) the costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.

10. ADMINISTRATIVE REQUIREMENTS.

10.1 Revenue Disclosure Requirement.

A. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City a written statement listing all revenue received, or expected to be received, by Subrecipient from Federal, State, City, County, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by -8-
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Subrecipient in conducting current or prospective projects, programs, or business activities, including, but not limited to the project, program, or business activity which is the subject of this Agreement. Such statement shall reflect the name and a desc ription of such project, program, or business activity, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project, program, or business activity, and the full name and address of such governmental agency.

B. For those projects, programs, and business activities in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecip ient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total project, program, or business activity regardless of funding sources.

10.4 Property and Equipment.

A. Non-Expendable Property or Equipment . Subrecipient shall maintain a record for each item of non-expendable property or equipment acquired for this project, program, or business activity with Grant funds. This record shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City. Non- expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exceeds the lesser of: (i) the capitalization level established by the organization for the financial statem ent purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit.

B. Approval. Subrecipient shall not purchase or agree to purchase non - expendable property and/or equipment without the prior written approval from the City Manager, or his or her Designee. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of said non -expendable property acquired for this project, -9-
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program, or business activity and Grant funds in compliance with applicable laws and regulations.

Said disposition may include, but is not limited to, City taking possession of said non-expendable property and/or equipment.

C. Expendable Personal Property. Expendable personal property refers to all tangible personal property other than non-expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Five Thousand Dollars ($5,000) or more per unit without the prior written approval of the City Manager, or his or her Designee.

D. Purchase or Lease of Non -Expendable Property or Equipment .

Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Five Thousand Dollars ($5,000) in unit value as approved in the Budget. Subrecipient shall purchase or lease from the lowest responsive bidder. All equipment that has a purchase or lease price of over Five Thousand Dollars ($5,000) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by Subrecipient. This inventory shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City.

E. Acquisition of Supplies and Equipment . Following approval by City Manager for necessary supplies and equipment for Agreement performance, Subrecipient may purchase from a related agency/organization only if: (i) prior authorization is obtained in writing from City; (ii) no more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by City Manager; and (iii) a community related benefit is derived from such Subrecipient or its employees, agents or officers.

F. Purchase and Invoice Deadlines . Purchase of equipment and pro perty, other than supplies, shall be completed before the first day of the last three (3) months of the Agreement period and all equipment bills are to be paid before the first day of the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement . Invoices, which have not been received by the City within thirty (30) days after the Agreement termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City Manager.

10.5 Changes in Grant Allocation . City reserves the right to reduce the grant allocation when City ’s fiscal monitoring indicates that Subrecipient ’s rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with Subrecipient. Such changes shall be incorporated into this Agreement by written amendments.

10.6 Costs and Method of Payment.

A. Invoicing. The City shall pay to the Subrecipient the Grant amount specified in Section 4 of this Agreement above on a reimbursable basis for all approved costs. The -10-
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Subrecipient shall submit no more often than monthly to the authorized representatives of the City, a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with supporting documentation which specifically states how funds were expended. At City’s discretion and in accordance with HUD regulations, said documentation may include, but will not be limited to, cancelled checks, invoices, receipts, payroll logs and employee time sheets.

10.7 Program Income.

A. The term “program in come” means any gross income received by the Subrecipient that is directly generated from the use of Grant funds (24 CFR § 570.500(a)). Program income includes, but is not limited to, the following: (i) proceeds from the disposition by sale or long-term lease of rental property purchased or improved with Grant funds; (ii) proceeds from the disposition of equipment purchased with Grant funds; (iii) gross income from the use or rental of real or personal property acquired with Grant funds, less the costs inci dental to the generation of the income, pending the disposition or use for which the property was acquired; (iv) gross income from the use or rental of real property owned by Subrecipient that was constructed or improved with Grant funds, less the costs incidental to the generation of the income; (v) payments received of principal and interest on loans made with Grant funds; (vi) interest earned on Grant funds held in a revolving fund account; and (vii) interest earned on program income, pending the disposition of such program income.

10.9 Retention of Program Income . Program income received by Subrecipient, as approved in the Budget, may be retained by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Services. Furthermore, all other provisions of this Agreement shall apply to any services provided with program income. Program income -11-
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must be used before drawing down additional grant funds from the City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was established, before drawing down additional Grant funds for the activity.

Upon expiratio n of the Agreement, real property under Subrecipient ’s control acquired or improved in whole or in part with Grant funds (including Grant funds provided to Subrecipient in the form of a loan) in excess of Twenty -five Thousand Dollars ($25,000) shall be eit her: (i) used to meet one of the national objectives in 24 CFR § 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) not used in accordance with 24 CFR § 570.503(b)(7)(i), in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -Grant funds for the acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified above.

10.11 Use of Real Property . Subrecipient hereby agrees to comply with 24 CFR § 570.505 governing the use of real property. For the purposes of this A greement “real property” means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Said standards apply to real property within Subrecipient ’s control which was acquired or improved in whole or in part using Grant funds in excess of Twenty- five Thousand Dollars ($25,000). These standards shall apply from the date Grant funds are first spent for the property until five years after the expiration of the Agreement under which the CDBG assistance was last provided to Subrecipient for the property.

10.13 Change in Use . Subrecipient may not change the use or planned use of the real property, including the beneficiaries of such use, from that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notic e of, and opportunity to comment on, any proposed change. After the public comment period has taken place, the change of use must be approved in writing by City. The new use of the real property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the p roperty shall not serve as a building for the general conduct of government in its projected new use.
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10.14 Disposition of Real Property. Real property may be disposed of in the following manner, only after City has provided affected citizens with reasonable no tice, and after receiving prior written approval from City Manager that the property is no longer needed for a use which meets one of the aforementioned three national objectives of the CDBG Program:

A. Title to the real property shall vest in Subrecipient su bject to the condition that Subrecipient shall use the real property for the authorized purpose of the project, program, or business activity as long as it is needed, and shall not encumber the property without approval of the City;
B. While held by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be used exclusively for the purposes for which acquisition, construction or improvement was originally approved;
C. Written approval from the City Manager must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds;
D. Should the real property or the improved or constructed facility be used, during the term set forth in this Agreement, for a purpose not consistent with applicable federal regulations governing Grant funds or should Subrecipient desire to sell the real property or facility, then:
(1) If Subrecipient retains title, it wil l have to either reimburse to the City an amount that represents the percentage of current fair market value that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or add fixtures to the facility; or
(2) If Subrecipient sells the property or facility or i s required to sell or otherwise convey the property or facility, Subrecipient is to reimburse either City an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that Grant funds comprised moneys paid t o initially acquire the property or construct or improve the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

F. Following the reimbursement to the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements.

10.15 Fiscal Limitations. The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on Grant funds not presently anticipated. Accordingly, City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit Subrecipient ’s authority to commit and spend funds, and may restrict Subrecipient ’s use of both its uncommitted and its -13-
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unspent funds. Where HUD has directed or requested City to implement a reduction in funding, with respect to funding for this Agreement, the City Manager, or his or her designee, may act for City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The City Manager, or his or her designee, may act for City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days writte n notice to Subrecipient of his or her intention to so act. In no event, however, shall any revision made by City affect expenditures and legally binding commitments made by Subrecipient before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.

91.520, in which the specific activity is reported on for the final time. The Subrecipient specifically shall prepare and maintain the following records and reports , as applicable, to assist City in maintaining its record keeping requirements:

A. Records:
(1) Documentation of the income lev el as defined by the HUD Guidelines set forth on the Compliance Report (copy of report form attached hereto as Exhibit “C” of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity).
(2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity.
(3) Documentation of all Grant funds received from the City or other funds to operate the project, program, or business activity herein by Subrecipient.
(4) Documentation of expenses as identified in the Subrecipient’s Annual Program Budget.
(5) Any other related records as City shall require from time to time.

B. Reports:
(1) Payment Request form.
(2) Quarterly reports to City as sh own on the attached Quarterly Compliance Report commencing July 1 of the Program Year and -14-
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ending June 30 of the Program Year (a copy of the report and schedule of deadlines are attached hereto as Exhibit “C”). (3) Any such other reports as City shall reasonabl y require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein.

10.19 Cost Principles . The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200, as applicable.

10.20 Audits.

A. Records. The Subrecipient’s records shall be open to inspection and audit by the authorized representatives of the City, HUD and the Comptroller General during regular working hours. Said records shall be retained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than five (5) years after completion of an audit. Records which relate to (i) complaints, claims, administrative proceedings or litigation arising out of the perf ormance of this Agreement, or (ii ) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation clai ms or exceptions.

B. External Audits. If required by HUD, Subrecipient shall obtain an external audit in accordance with the single audit regulations. The audit report shall be submitted to City within 180 days after the termination of this Agreement. Subrec ipients which receive less than $750,000 in total federal financial assistance annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U .S.C. § 7502(f)(2)(B). The cost of any independent audits or attest ation engagements, other than limited scope audits shall not be charged to the Federal awards in accordance with 2 CFR Part 200 and 31 U .S.C. § 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with 2 CFR Part 200 and 31 U.S.C. § 7502(a)(1)(A).

10.21 Personnel. Subrecipient shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Subrecipient recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services.
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11. MISCELLANEOUS PROVISIONS.

11.1 Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and program participants in a manner, which is non - discriminatory.

11.3 Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related the reto, genetic information, gender, gender identity, or gender expression.

11.4 Disabilities. Pursuant to the Americans with Di sabilities Act and specifically 42 USC § 12132, Subrecipient acknowledges and agrees that in the performance of the Grant, no qualified individual shall, by reason of a disability, be excluded from participation in or be denied the benefits of the services, programs or activities of City or Subrecipient or be subjected to discrimination by City or Subrecipient.

11.5 Conflict of Interest.

A. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e).

B. Prior to any funding under this Agreement, Subrecipient shall provide City with a list of all employees and their job titles, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. Subrecipient shall also promptly disclose to City any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Ag reement. Any violation of this S ection shall be deemed a material breach of th is Agreement, and City shall immediately terminate the Agreement.

11.6 Religious Proselytizing or Political Activities . Subrecipient agrees that it will abide by the requirements set forth in 24 CFR § 570.200; and as such Subrecipient agrees that, in connection with such public services:
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A. It will not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services. If such activities are conducted, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services; and
B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. It may not use CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CD BG funds.

11.7 Lobbying. Subrecipient certifies to the best of its knowledge and belief, that:

A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Co ngress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attemptin g to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

11.8 Reporting Executive Compensation and First-Tier Subcontract Awards.

A. Definitions. As used in this clause:
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“Executive” means officers, managing partners, or any other employees in management positions.
“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long -term arrangements for materials or s upplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimburse ment plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax- qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

B. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (P ub. L. 109 -282), as amended by section 6202 the Government Funding Transparency Act of 2008 (Pub. L. 110 -252), requires the Contractor to report informati on on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

C. (1) Unless otherwise directed by the contractin g officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) -18-
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(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor ’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or se rvices (including construction) being provided under the subcontract,
including the overall purpose and expected outcomes or
results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor’s physical addres s including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine- digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS).
(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor’s preceding completed fiscal year at http://www.ccr.gov, if:
(i) In the Contractor ’s preceding fiscal year, the Contractor received:
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(a) 80 percent or more of its annual gross revenues from Federal con tracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does n ot have access to information about the compensation of the executives throug h periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o(d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
(3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first -tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first -tier subcontractor for the subcontractor ’s preceding completed fiscal year at http://www.fsrs.gov, if:
(i) In the subcontractor ’s preceding fiscal year, the
subcontractor received:
(a) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts) , loans, grants
(and subgrants) and cooperative agreements; and
(b) $25,000,000 or more in annual gross revenues from
Federal contracts (and subcontracts), loans, grants
(and subgrants) and cooperative agreements; and
(ii) The public does not have access to informa tion about the compensation of the executives throug h periodic reports filed under S ection 13(a) or 15(d) of the Securi ties
Exchange Act of 1934 (15 U .S.C. § 78m(a), 78o (d)) or
Section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
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D. (1) If the Contractor in the previous tax year had gross income, from all sources, under $750,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $750,000, the Contractor does not need to report awards to that subcontractor.

11.9 Registration. Subrecipient agrees to maintain a current registration in the federal central contractor registration (“CCR”) database (http:/ www.ccr.gov) pursuant to the Federal Funding Accountability and Transparency Act, P.L. 109 -282, as amended by Section 6202(a) of P.L. 110-252. If Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this Agreement. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://DNB.com) is required for registration in the CCR.

12. No Duplication of Benefits. In consideration of Subrecipient’s receipt of CDBG funds from the City, Subrecipient hereby assigns to City all of its future rights to reimbursement and all payments recei ved from any grant, subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency or other program to the extent of proceeds paid to Subreci pient under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits (“DOB”). Upon receiving any DOB proceeds, Subrecipient shall immediately notify the City. If some or all of the proceeds are determined to be a DOB, the portion of Subrecipient’s CDBG funds that is a DOB shall be paid to the City forthwith.

13. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference as though set forth in full:

Exhibit “A” - Scope of Services
Exhibit “B” - Budget
Exhibit “C” - Polices and Regulations
Exhibit “D” - Subaward Information

(Signatures on Following Page)
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IN WITNESS WHEREOF, City and Subrecipient have caused this Agreement to be duly executed the day and year first above written.

CITY OF JURUPA VALLEY, a California
municipal corporation

__________________________________
Chris Barajas
Mayor

Attest:

___________________________________
Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM:

___________________________________
Peter M. Thorson
City Attorney

FAMILY SERVICE ASSOCIATION , a
California non-profit corporation
By:

Name:

Title: ________________________________

By:

Name:

Title: ________________________________

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EXHIBIT “A”

SCOPE OF SERVICES

Family Service Association (FSA ) will be responsible for administering the Senior Nutrition Program during the 2022 -23 CDBG Program Year. The Subrecpient will administer all tasks in connection with the Senior Nutrition Program in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the Grantee.

The purpose of the Subgrantees’s Senior Nutrition Program is to provide services to meet HUD’s National Objectives as defined in 24 CFR 570.208(a)(2)(B), by benefiting low - and moderate- income persons. It is an eligible Activity under HUD, and also implements the goals outlined in the City’s Five -Year Consolidated Plan to provide comm unity services for the low -moderate income persons citywide. The National Objective for this project is Low -Mod Clientele (LMC) - presumed benefit. The primary objective of the Program is to:

1. Provide nutritious meals to eligible senior citizens age 62 and over.

Outreach: The Subgrantee will conduct sufficient advertisement of the CDBG Year 2022 -23 Senior Nutrition Program through flyers, public service announcements, networking with local agencies, scheduling of open houses and other means to inform the low- and moderate-income community of the program’s availability, and to ensure sufficient demand to meet CDBG Year 2022-23 state goal of individuals served.

Intake/Assessment of Eligibility: The Subrecpient will accept applications and preform eligibility determinations. The Subrecpient will make provision for translation services to meet the needs of non-English speaking applicants. In the event of applications who have impaired mobility or other disabilities, the Subrecpient will make provisions for completing the application at the applicant’s residence or other acceptable procedures for ensuring equal access to services.

Measurable Outcome: Approximately 140 individuals who live in Jurup a Valley will be served 12,000 nutritious meals from the Eddie Dee Smith Senior Center during the program year.

Operations: The Senior Nutrition Program will operate at the Eddie Dee Smith Center, located at 588 Mission boulevard, Riverside, CA 92509. The FSA Administration office is located at 21250 Box Springs Road, Suite 212, Moreno Valley, CA 92557.

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EXHIBIT “B”
BUDGET

Budget Category CDBG
Agency Administration Staff Salaries $0
Program Staff Salaries & Benefits $0
Program Supplies - Food (Consumable
Supplies for Program)
$16,944
Rent/Lease $0
Communications $0
Utilities $0
Insurance $0
Professional Services $0
Total $16,944
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EXHIBIT “C”

POLICIES AND REGULATIONS

The City has on file the Family Services Association Riverside County Office on Aging Senior Nutrition Program Operation Standards and also Family Services Association Employee Handbook.
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EXHIBIT “D”

SUBAWARD INFORMATION

1. Subrecipient Name (which must match registered name in DUNS): Family Service Association

2. Subrecipient’s DUNS Number: 79-132-9071

3. Federal Award Identification Number (FAIN): B-19-MC-0600607

4. Federal Award Date (see 2 CFR § 200.39): _____________________________________

5. Subaward Period of Performance Start Date and End Date: 7/1/2022-6/30/2023

6. Amount of Federal Funds Obligated by this Activity: $16,944

7. Total Amount of Federal Funds obligated to Subrecipient: $16,944

8. Total Amount of the Federal Award: ________

9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Senior Nutrition Program

10. Name of Federal Awarding Agency: Department of Housing and Urban Development

11. Name of Pass-through Entity and Contact Information for Awarding Official: City of Jurupa Valley, rod R. Butler, City Manager, (951) 332-6464, [email protected]

12. Catalog of Federal Domestic Assistance (CFDA) Number and Name: 14.28 CDBG

13. Identification of whether the Award is Research & Development: Not applicable

14. Indirect Cost Rate for the Federal Award: Not applicable

P
age | 1
S

TAFF REPORT
DAT
E: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJ
ECT: AGENDA ITEM NO. 14.L
ADO

PTION OF RESOLUTI ONS REGARDING THE ANNEXATION OF

ZONE FF (MONTECITO) TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89 -1-C”), GENERALLY AT THE

SOUTHEAST CORNER OF MISSION BOULEVARD AND AGATE STREET

INTERSECTION

RECOMMENDATION

1. That the City Council adopt Resolution No. 2022-50, entitled:

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

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO CITY

OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89 -1-CONSOLIDATED AS ZONE FF AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2023-2024 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XIII

D OF THE CALIFORNIA CONSTITUTION

2. That the City Council adopt Resolution No. 2022-51, entitled:

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

APPROVING THE REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE FF AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED FOR FISCAL YEAR 2023-2024

3. That the City Council adopt Resolution No. 2022-52, entitled:

RETURN TO AGENDA

Page | 2

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

DECLARING ITS INTENTION TO ANNEX TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE FF AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2023 -2024 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE CALIFORNIA

CONSTITUTION AND APPOINTING A TIME AND PLACE FOR HEARING

PROTESTS

BACKGROUND
Upon incorporation on July 1, 2011, the City of Jurupa Valley assumed the responsibility for certain City of Jurupa Valley L&LMD 89-1-C zones now within the City’s jurisdictional boundaries. As such, the City is now r esponsible for the services and charges provided by the City of Jurupa Valley L&LMD 89- 1-C zones within its boundaries. City of Jurupa Valley L&LMD No. 89-1-C contains 61 locations throughout the City of Jurupa Valley. The District contains 41 landscaping assessment zones and 20 street lighting assessment zones as described in Attachment 1. The total number of maintained landscape zones is 25 (34 locations), and 18 street lighting zones (18 locations). The annual levy of assessments on the parcels within the boundaries of L&LMD No. 89- 1-C is consistent with the Landscaping and Lighting Act of 1972.

On February 4, 2016 the City adopted R esolution No. 2016-01 clarifying that the City of Jurupa Valley L&LMD 89-1-C is distinct from the County of Riverside Landscaping and Lighting Maintenance District No. 89- 1-Consolidated and assumes all responsibility for such district, including annexation of territory to the district.

The parcel owner , Roger Hobbs in behalf of Montecito GP, LLC, a California Limited Liability Company , and GDC Investments 13, LP, a Delaware Limited Partnership, requested annexation of the site into the existing City of Jurupa Valley L&LMD 89-1-C in order to cover costs associated with the m aintenance of public improvements within the annexation known as Zone FF. The territory proposed to be annexed includes the parcel identified as APN 171-101-072 and 171- 101-073 generally located at the southeast corner of Mission Boulevard and Agate Street. The annexation was formed in order to maintain the street right-of-way/streetscape area which maintenance includes:
• The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right -of-way parkway landscaped area, as identified on the approved L&LMD Landscape Plans for this Zone; • 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; and,

Page | 3

• The maintenance and/or servicing of any of the foregoing.

ANALYSIS
Adoption of Resolution Nos. 2022-50, 2022-51, and 2022-52 will allow the City of Jurupa Valley to collect funds to maintain Zone FF of this Landscape and Lighting Maintenance District.

The proposed annexation will have an initial Maximum Assessment for the Zone in the amount of $13,900; to be equally divided by the number of assessable parcels within the zone boundary (25 residential lots). These rates may be adjusted annually by the greater of two percent (2%) or the cumulative percentage increase in the Consumer Price Index over the base year of 2023. The owners have filed a petition representing their willingness to move forward.

Consistent with the City Council’s direction regarding compliance with Article XIII D of the California Constitution and the Landscaping and Lighting Act of 1972, the attached resolutions have been prepared and a public hearing scheduled for 7:00 p.m. on July 21, 2022 to receive testimony for and against the proposed assessments.

OTHER INFORMATION
None.

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 inclusion on the annual property tax roll. The property owners have posted a deposit wit h their application to form Zone FF, 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 by Zone FF. The City’s cost to administ er Zone FF annually will be reimbursed through the special assessment charged to property owners.

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 as listed above. Both the revenue and expenses will be part of the City’s FY 202 3-2024 Adopted Budget, and there is no anticipated impact to the General Fund.

ALTERNATIVES

1. Take no action.

2. Provide staff with further direction.

-1-
RESOLUTION NO. 2022-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNA INITIATING PROCEEDINGS FOR THE

ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE FF AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 20 23- 2024 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND HIGHWAYS CODE A ND ARTICLE

XIII D OF THE CALIFORNIA CONSTITUTION

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

Section 1. The City Council of the City of Jurupa Valley proposes to annex territory, described below in Section 2 of this Resolution, to an existing landscaping and lighting district located within the City of Jurupa Valley, which was established pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Califor nia Streets and Highways Code (hereinafter referred to as the "Act") and which is designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") and to levy and collect assessments pursuant to the Act and Article XIII D of the California Constitution against lots and parcels within such territory to pay for the costs and expenses of the improvements described below in Section 3 of this Resolution for the fis cal year commencing July 1, 2023 and ending June 30, 2024.

Section 2 . The territory proposed to be annexe d to the District includes the parcel identified as Assessor Parcel Number (APN) 171-101-072 and 171-101-073 generally located on the southeast corner of Mission B oulevard and Agate Street intersection. Such territory is shown on a map on file in the office of the City Clerk and open to public inspection.

Section 3. The proposed 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, as identified on the approved L&LMD Landscape Plans for this Zone ; 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; and the maintenance and/or servicing of any of the foregoing.

Section 4. After the proposed territory is annexed to the District, the District shall continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.

Section 5. Lots or parcels of land within the territory proposed to be annexed to the District 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 -2-
demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 6. The City Council hereby orders the City Engineer, or his designee, to prepare and file with the City Clerk a report in writing in connection with the annexation of territory described herein to the District and the levy and collection of assessments against lots and parcels of land within such territory. This report shall be prepared in accordance with the Act and Section 4 of Article XIII D of the California Constitution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 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 cert ify that the foregoing Resolution No. 2022-50 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 2022, by the following votes, 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 2nd day of June, 2022.

___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

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RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA APPROVING THE

REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE FF AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY
LIGHTING DISTRICT NO. 89 -1-CONSOLIDATED FOR
FISCAL YEAR 2023-2024

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

Section 1. The City Council of the City of Jurupa Valley, 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"), did by previous resolution order the City Engineer, or the City Engineer’s designee, to prepare and file a writ ten report in accordance with the Act and Article XIII D of the California Constitution in connection with the proposed annexation of territory to City of Jurupa Valley Lighting District No. 89-1-Consolidated as Zone FF and the levy and collection of assessments against lots and parcels of land within City of Jurupa Valley Lighting District No. 89-1-Consolidated for the fiscal year commencing July 1, 2023 and ending June 30, 2024.

Section 2. The Engineer has prepared and filed with the City Clerk of the City of Jurupa Valley and the City Clerk has presented to the City Council such report entitled "Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance Distri ct No. 89 -1-Consolidated, Zone FF, Montecito" (the "Report").

Section 3. The City Council has carefully examined and reviewed the Report, and the Report is hereby approved as filed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 2022.

______________________________
Chris Barajas
Mayor

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ATTEST:

_______________________________
Victoria Wasko, CMC
City Clerk

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 cert ify that the foregoing Resolution No. 2022-51 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 2022, by the following votes, 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 2nd day of June, 2022.

___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

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RESOLUTION NO. 2022-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA DECLARING ITS

INTENTION TO ANNEX TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE FF AND TO LEVY AND COLLECT ASSESSMENTS
WITHIN SUCH TERRITORY FOR FISCAL YEAR 2022-2023
PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION AND APPOINTING A

TIME AND PLACE FOR HEARING PROTESTS

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

Section 1. Pursuant to the provisions of 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") and as provided by Article XIII D of the California Constitution, the City Council of the City of Jurupa Valley, by previous Resolution, has initiated proceedings for the annexation of territory described below in Section 4 of this Resolution to City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") as Zone FF, and the levy and collection of assessments against the lots and parcels of land within such territory for fiscal year 2023-2024 to pay for the costs and expenses of the improvements described below in Section 6 of this Resolution.

Section 2. The Engineer selected by the City Council has prepared and filed with the City Clerk of the City of Jurupa Valley and the City Clerk has presented to the City Council a report in connection with the proposed annexation of territory to the District and the levy and collection of assessments against the lots and parcels of land within suc h territory for fiscal year 2023-2024, and the City Council did by previous Resolution approve such report.

Section 3 . The City Council hereby declares its intention to order the annexation of territory described below in Section 4 of this Resolution to the District and to levy and collect assessments against the lots and parcels of land within such territory for fiscal year 2023-2024 to pay for the costs of the improvements described below in Section 6 of this Resolution. The Council hereby determines that the public interest requires this annexation to the D istrict and levy and collection of assessments.

Section 4. The territory proposed to be annexed to the District includes the parcel identified as Assessor Parcel Number (APN) 171-101-072 and 171-101-073, generally located at the southeast corner of Mission Boulevard and Agate Street intersection. Such territory is shown on a map on file in the office of the City Clerk and open to public inspection.

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Section 5. After the proposed territory is annexed to the District, the District shall continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.

Section 6. The proposed improvements are briefly described as follows: The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation; 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;; and the maintenance and/or servicing of any of the foregoing.

Section 7. Lots or parcels of land within the District 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 8. Reference is hereby made to the report of the Engineer entitled " Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance District 89-1-Consolidated, Zone FF, Montecito" on file with the City Clerk for a full and detailed description of the improvements, the boundaries of the territory proposed to be annexed to the District, the boundaries of the existing District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the territory proposed to be annexed to the District.

Section 9. NOTICE IS HEREBY GIVEN THAT THURSDAY, THE 21ST DAY OF JULY, 2022, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS AT 8930 LIMONITE

AVENUE, JURUPA VALLEY, CALIFORNIA, IS THE TIME AND PLACE FIXED FOR

A PUBLIC HEARING BY THE CITY COUNCIL ON THE QUESTION OF THE

ANNEXATION OF THE TERRITORY TO THE DISTRICT DESCRIBED ABOVE IN SECTION 4 OF THIS RESOLUTION TO THE DISTRICT AND THE LEVY AND COLLECTION OF THE ASSESSMENT FOR FISCAL YEAR 2023-2024 AGAINST THE LOTS AND PARCELS OF LAND WITHIN SUCH TERRITORY. All interested persons shall be afforded the opportunity to hear and be heard.

Section 10. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law by causing a notice of the public hearing and an assessment ballot to be mailed by first class mail to the record owners of the parcels in the territory proposed to be annexed to the District no less than 45 days before the date of the public hearing.

Section 11. The City Council hereby designates Victoria Wasko, City Clerk, 8930 Limonite Avenue, Jurupa Valley, California, (951) 332-6464 to answer inquiries regarding the hearing, protest proceedings, and procedural or technical matters.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 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 cert ify that the foregoing Resolution No. 2022-52 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 2022, by the following votes, 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 2nd day of June, 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 JUNE 2022

CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR

CITY OF JURUPA VALLEY

LANDSCAPE AND LIGHTING

MAINTENANCE DISTRICT
NO. 89-1-CONSOLIDATED

ZONE FF

MONTECITO
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 FF ............ 7 LANDSCAPING IMPROVEMENTS ............................................................................................................... 7 PART III – FINANCIAL ANALYSIS .................................................................................................................... 8 INTRODUCTION ......................................................................................................................................... 8 MAXIMUM ASSESSMENT METHODOLOGY ............................................................................................... 8 COST ESTIMATE ......................................................................................................................................... 9 PART IV – ASSESSMENT DIAGRAM.............................................................................................................. 12 PART V – ASSESSMENT ROLLS ..................................................................................................................... 13

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AGENCY: CITY OF JURUPA VALLEY
SUBJECT: ANNEXATION OF MONTECITO 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 FF
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 Division 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 MONTECITO to City of Jurupa Valley L&LMD No. 89-1-C as ZONE FF and establishes the Maximum Assessment to be levied in the Fiscal Year commencing July 1, 2023 to June 30, 2024 (2023-2024) 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 FF

MONTECITO
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 FF 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.

June 2, 2022.

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 June, 2022 the City Council, City of Jurupa Valley, State of California, ordering the preparation of the Repor t providing for th e annexation of the development known as MONTECITO to L&LMD No. 89-1-C as ZONE FF, 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. 2022-XX for a special assessment district zone known and designated as:

ZONE FF

MONTECITO
The annexation of ZONE FF includes the parcels of land within the residential development known as MONTECITO. As of the date of this report, the zone contains one assessable parcel; also identified by the Assessor Parcel Number(s) 171-101-072 and 171 -101-073. 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 FF and the establishment of the Maximum Assessment to be levied and colle cted commencing Fiscal Year 2023-2024 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 necessary to properly operate and maintain a permanent public improvement.
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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 pro perty value does not constitute “special benefit.”

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PART I – BOUNDARIES OF THE DISTRICT

LOCATION OF THE ASSESSMENT ZONE

ZONE FF shall consist of a benefit zone encompassing the properties within the residential development known as Montecito. The proposed improvements described in this Report are based on current development and improvement plans provided as of the date of this Report.

ZONE FF is generally located at the southeast corner of Mission Boulevard and Agate Street, in the City of Jurupa Valley, in the County of Riverside, State of California. At the time of this assessment, th e assessment zone consists of two assessable parcel and zero non-assessable parcels, once the related tract map is recorded ( TTM 37893) the assessment Zone will consist on 25 assessable parcel and 1 non- assessable parcels (open space). ZONE FF consists of all lots/units, parcels, and subdivisions of land located in the following development area:

MONTECITO – Assessor Parcel Numbers as of date of this Report: 171-101-072 and 171-101-073. 7 | P a g e

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

The services to be funded by City of Jurupa Valley L&LMD No. 89-1-C ZONE FF include the landscape and streetlight maintenance within the public right-of-way fronting the residential development designated as MONTECITO. The proposed 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, a nd 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 FF. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape improvements within the existing district as well as provide for annual maintenance of those improvements and the assessment revenues generated by the ZONE FF 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 Tract Map (TTM37893) 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 FF.

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.

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 FF fairly apportion the costs based on the estimated benefit to each parcel.

The landscaping and streetlight improvem ents within ZONE FF 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 functionality of the improvements and allowing the improvements to operate in a proper manner.

Because all benefiting properties consist of a uniform land use, residential, it is determined that all parcels benefit equally from the improvements and the costs and expenses for the maintenance and servicing of landscaping and streetlight are apportioned on a per parcel 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 ( residential), 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 and streetlights, as well as costs and expenses for the maintenance of the landscaping and streetlights apportioned equally on a per parcel 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 FF costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the Zone. For ZONE FF, the initial Maximum Assessment(s) for Fiscal Year 2023-2024 are as follows:

1. The initial Total Maximum Assessment established within ZONE FF shall be $13,900. 9 | P a g e

2. The initial Maximum Assessment per assessable parcel established within ZONE FF is anticipated to be $556.00 upon the recordation of TTM No. 37893.

The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 2024-2025. 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 FF’s annual budget and proposed annual assessment. The proposed annual assessment (rate per assessable parcel) 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 FF assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish reasonable limits on ZONE FF 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 FF. 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 FF.

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 fr ont 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 this assessment is zero.

The Assessment for each assessable parcel within ZONE FF 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 FF to determine the Annual Assessment per assessable parcel.

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

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

MONTECITO
FY 2023-24

Total Assessable Parcels: 25
Cost Description Total Cost for

ZONE FF
Cost per Parcel
for ZONE FF

Landscaping:

Annual Parkway Landscaping Maintenance : $5,040.00 $201.60 Tree Trimming : $2,100.00 $84.00
Water (including Water Meter) $3,222.00 $128.88
Fertilizer Injector $220.00 $8.80
Electricity (including electric meter) $300.00 $12.00
Mulch : $525.00 $21.00
Calsense Single: $250.00 $10.00
Backflow Certificate : $50.00 $2.00
Total Landscaping Maintenance Costs : $11,707.00 $468.28 Administration : $995.10 $39.80
Operating Reserve : $1,170.70 $46.83
$13,872.80

TOTAL ANNUAL STREET LIGHTING AND LANDSCAPING ASSESSMENT: *$13,900.00 $556.00 *Rounded to nearest $100
INITIAL MAXIMUM ASSESSMENT PER ASSESSABLE PARCEL : $556.00

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PART IV – ASSESSMENT DIAGRAM
(See next page)

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PART V – ASSESSMENT ROLLS

Parcel identification for each parcel within ZONE FF 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 FF includes the following Assessor’s Parcel Numbers (APNs) as of the date of this Report: 171-101- 072 and 171-101-073.

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.

The initial Maximum Assessments per assessable parcel for ZONE FF are as follows:

Lot Number per
TTM No. 37893
Maximum
Assessment
Lot Number per
TTM No. 37893
Maximum
Assessment
1 $556.00 14 $556.00
2 $556.00 15 $556.00
3 $556.00 16 $556.00
4 $556.00 17 $556.00
5 $556.00 18 $556.00
6 $556.00 19 $556.00
7 $556.00 20 $556.00
8 $556.00 21 $556.00
9 $556.00 22 $556.00
10 $556.00 23 $556.00
11 $556.00 24 $556.00
12 $556.00 25 $556.00

P
age | 1
S

TAFF REPORT
DAT
E: JUNE 2, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJ
ECT: AGENDA ITEM NO. 14.M
ADO

PTION OF RESOLUTI ONS REGARDING THE ANNEXATION OF

ZONE W ( HUDSON COLLECTION) TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-
CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89-1-C”), WEST OF HUDSON STREET BETWEEN 59TH AND 60TH STREET

RECOMMENDATION

1. That the City Council adopt Resolution No. 2022-53, entitled:

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

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO CITY

OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89 -1-CONSOLIDATED AS ZONE W AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2023-2024 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XIII

D OF THE CALIFORNIA CONSTITUTION

2. That the City Council adopt Resolution No. 2022-54, entitled:

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

APPROVING THE REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE W AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED FOR FISCAL YEAR 2023-2024

3. That the City Council adopt Resolution No. 2022-55, entitled:

RETURN TO AGENDA

Page | 2

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

DECLARING ITS INTENTION TO ANNEX TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-

CONSOLIDATED AS ZONE W AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2023 -2024 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE CALIFORNIA

CONSTITUTION AND APPOINTING A TIME AND PLACE FOR HEARING

PROTESTS

BACKGROUND
Upon incorporation on July 1, 2011, the City of Jurupa Valley assumed the responsibility for certain City of Jurupa Valley L&LMD 89-1-C zones now within the City’s jurisdictional boundaries. As such, the City is now responsible for the services and charges prov ided by the City of Jurupa Valley L&LMD 89- 1-C zones within its boundaries. City of Jurupa Valley L&LMD No. 89-1-C. JV L&LMD No. 89-1-C contains 61 locations throughout the City of Jurupa Valley. The District contains 41 landscaping assessment zones and 2 0 street lighting assessment zones as described in Attachment 1. The total number of maintained landscape zones is 25 (34 locations), and 18 street lighting zones (18 locations). The annual levy of assessments on the parcels within the boundaries of L&LMD No. 89-1-C is consistent with the Landscaping and Lighting Act of 1972.

On February 4, 2016 the City adopted R esolution No. 2016-01 clarifying that the City of Jurupa Valley L&LMD 89- 1-C is distinct from the County of Riverside Landscaping and Lighting Maintenance District No. 89- 1-Consolidated and assumes all responsibility for such district, including annexation of territory to the district.

The parcel owner, Roger Hobbs in behalf of GDC-RCH Hudson LP, a Delaware Limited Partnership, requested annexation of the site into the existing City of Jurupa Valley L&LMD 89 -1-C in order to cover costs associated with the maintenance of public improvements withi n the annexation known as Zone W for the Hudson Collection development. The territory proposed to be annexed includes the parcel identified as APN 165-100-027, future residential development TTM No. 37052 for 28 residential parcels , generally located west of Hudson Street between 59
th and 60th Street. The annexation
was formed in order to maintain the str eet right -of-way/streetscape area which maintenance includes:
• The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right -of-way parkway landscaped area, as identified on the approved L&LMD Landscape Plans for this Zone; • 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; and,

Page | 3

• The operation and maintenance cost for the streetlights; • The maintenance and/or servicing of any of the foregoing.

ANALYSIS
Adoption of Resolution Nos. 2022-53, 2022-54, and 2022-55 will allow the City of Jurupa Valley to collect funds to maintain Zone W of this Landscape and Lighting Maintenance District.

The proposed annexation will have an initial Maximum Assessment for the Zone in the amount of $14,500; to be equally divided by the number of assessable parcels within the zone boundary. These rates may be adjusted annually by the greater of two percent (2%) or the cumulative percentage increase in the Consumer Price Index over the base year of 2023. The owners have filed a petition representing their willingness to move forward.

OTHER INFORMATION
None.

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 inclusion on the annual property tax roll. The property owners have posted a deposit wit h their application to form Zone W, 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 by Zone W. The City’s cost to administer Zone W annually will be reimbursed through the special assessment charged to property owners.

ALTERNATIVES

1. Take no action.

2. Provide staff with further direction.

-1-

RESOLUTION NO. 2022-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY INITIATING PROCEEDINGS FOR THE ANNEXATION OF

TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED AS

ZONE W AND THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN SUCH TERRITORY FOR FISCAL YEAR 2023-2024 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE AND ARTICLE XIII D

OF THE CALIFORNIA CONSTITUTION

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

Section 1. The City Council of the City of Jurupa Valley proposes to annex territory, described below in Section 2 of this Resolution, to an existing landscaping and lighting district located within the City of Jurupa Valley, which was established pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Californ ia Streets and Highways Code (hereinafter referred to as the "Act") and which is designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") and to levy and collect assessments pursuant to the Act and Article XIII D of the California Constitution against lots and parcels within such territory to pay for the costs and expenses of the improvements described below in Section 3 of this Resolution for the fis cal year commencing July 1, 2023 and ending June 30, 2024.

Section 2 . The territory proposed to be annexe d to the District includes the parcel identified as Assessor Parcel Number (APN) 165-100-027 located west of Hudson Street between 59th and 60th Street. Such territory is shown on a map on file in the office of the City Clerk and open to public inspection.

Section 3. The proposed improvements are briefly described as follows: The installation and planting of trees within the public right-of-way parkway landscaped area, as identified on the approved L&LMD Landscape Plans for this Zone; 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; and the maintenance and/or servicing of any of the foregoing.

demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

PASSED, APPROVED, and ADOPTED this 2nd day of June, 2022, by the following called vote:

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 t he foregoing Resolution No. 2022-53 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 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 2nd day of June, 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

-1-

RESOLUTION NO. 2022-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, APPROVING THE

REPORT OF THE ENGINEER REGARDING THE

PROPOSED ANNEXATION OF TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE W AND THE LEVY AND COLLECTION OF

ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY
LIGHTING DISTRICT NO. 89 -1-CONSOLIDATED FOR
FISCAL YEAR 2023-2024

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

Section 1. The City Council of the City of Jurupa Valley, 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"), did by previous resolution order the City Engineer, or the City Engineer’s designee, to prepare and file a writ ten report in accordance with the Act and Article XIII D of the California Constitution in connection with the proposed annexation of territory to City of Jurupa Valley Lighting District No. 89-1-Consolidated as Zone W and the levy and collection of assessments against lots and parcels of land within City of Jurupa Valley Lighting District No. 89-1-Consolidated for the fiscal year commencing July 1, 2023 and ending June 30, 2024.

Section 2. The Engineer has prepared and filed with the City Clerk of the C ity of Jurupa Valley and the City Clerk has presented to the City Council such report entitled "Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance Distri ct No. 89 -1-Consolidated, Zone W, Hudson Collection" (the "Report").

Section 3. The City Council has carefully examined and reviewed the Report, and the Report is hereby approved as filed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 2022.

______________________________
Chris Barajas
Mayor

-2-

ATTEST:

_______________________________
Victoria Wasko, CMC
City Clerk

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 cert ify that the foregoing Resolution No. 2022-54 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 2022, by the following votes, 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 2nd day of June, 2022.

___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

-1-

RESOLUTION NO. 2022-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNA, DECLARING ITS

INTENTION TO ANNEX TERRITORY TO CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS

ZONE W AND TO LEVY AND COLLECT ASSESSMENTS
WITHIN SUCH TERRITORY FOR FISCAL YEAR 2022-2023
PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION AND APPOINTING A

TIME AND PLACE FOR HEARING PROTESTS

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

Section 1. Pursuant to the provisions of 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") and as provided by Article XIII D of the California Constitution, the City Council of the City of Jurupa Valley, by previous Resolution, has initiated proceedings for the annexation of territory described below in Section 4 of this Resolution to City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated (hereinafter referred to as the "District") as Zone W, and the levy and collection of assessments against the lots and parcels of land within such territory for fiscal year 2023-2024 to pay for the costs and expenses of the improvements described below in Section 6 of this Resolution.

Section 3 . The City Council hereby declares its intention to order the annexation of territory described below in Section 4 of this Resolution to the District and to levy and co llect assessments against the lots and parcels of land within such territory for fiscal year 2023-2024 to pay for the costs of the improvements described below in Section 6 of this Resolution. The Council hereby determines that the public interest require s this annexation to the District and levy and collection of assessments.

Section 4. The territory proposed to be annexed to the District includes the parcel identified as Assessor Parcel Number (APN) 165-100-027, located west of Hudson Street between 59th and 60th Street. Such territory is shown on a map on file in the office of the City Clerk and open to public inspection.

-2-

Section 6. The proposed improvements are briefly described as follows: The installation and planting of trees within the public right-of-way parkway landscaped area, as identified on the approved L&LMD Landscape Plans for this Zone; the installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for t he 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; and the maintenance and/or servicing of any of the foregoing.

Section 8. Reference is hereby made to the report of the Engineer entitled " Engineer’s Report for City of Jurupa Valley Landscape & Lighting Maintenance District 89-1-Consolidated, Zone W, Hudson Collection" on file with the City Clerk for a full and detailed description of the improvements, the boundaries of the territory proposed to be annexed to the District, the boundaries of th e existing District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the territory proposed to be annexed to the District.

Section 9. NOTICE IS HEREBY GIVEN THAT THURSDAY, THE 21ST DAY OF JULY, 2022, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS AT 8930 LIMONITE

AVENUE, JURUPA VALLEY, CALIFORNIA, IS THE TIME AND PLACE FIXED FOR

A PUBLIC HEARING BY THE CITY COUNCIL ON THE QUESTION OF THE

-3-
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of June, 2022.

______________________________
Chris Barajas
Mayor
ATTEST:

_______________________________
Victoria Wasko, CMC
City Clerk

-4-

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 cert ify that the foregoing Resolution No. 2022-55 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 2022, by the following votes, 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 2nd day of June, 2022.

___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

Page | 1
S

TAFF REPORT
DAT
E: JUNE 2 , 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 14.N
CO

NFIRM THE AUTOMATIC INCREASE IN THE WESTERN

RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION

PLAN LOCAL DEVELOPMENT MITIGATION FEE APPLICABLE TO

ALL DEVELOPMENTS IN THE PLAN AREA PURSUANT TO JURUPA
VALLEY MUNICIPAL CODE SECTION 3.80.050.D

RECOMMENDATION
1) That the City Council adopt Resolution No. 2022 -56, entitled:

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY AMENDING RESOLUTION NO. 2021-24 AND CONFIRMING THE AUTOMATIC

INCREASE IN THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES

HABITAT CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE

APPLICABLE TO ALL DEVELOPMENTS IN THE PLAN AREA PURSUANT TO JURUPA VALLEY MUNICIPAL CODE SECTION 3.80.050.D AND MAKING

FINDINGS ACCORDING TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
BACKG
ROUND
The City of Jurupa Valley (“City”) is a member agency of the Western Riverside County Regional Conservation Authority (“RCA”), a joint powers agency comprised of the County of Riverside and the eighteen cities located in western Riverside County.

The member agencies of RCA recognized that a habitat conservation plan is nec essary to provide special protections for vegetation communities and natural areas containing habitat values to prevent future endangerment of the plant and animal species impacted by new development in western Riverside County.

RETURN TO AGENDA
Page | 2

In order to address these issues, the member agencies formulated a plan called the Western Riverside County Multiple Species Habitat Conservation Plan (the “MSHCP”) in which a mitigation fee would be assessed on new development and would be used to fund the implementation of the MSHCP.

In furtherance of the MSHCP, the City adopted Resolution No. 2021-24 approving and adopting the updated “Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update,” dated October 2020.

ANALYSIS

Chapter 3.80 of the J urupa Valley Municipal Code, the "Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance," authorizes the City Council to impose the Local Development Mitigation Fee upon new development.

Section 3.80.050.A. of the Jurupa Valley Municipal Code authorizes the City to adopt an applicable Local Development Mitigation Fee schedule by resolution.

On April 15, 2021, the City Council adopted R esolution No. 2021 -24 that approved the the MSHCP Local Development Mitigation Fee.

Section 3.80.050.D of the Jurupa Valley Municipal Code provides for an Automatic Annual Fee Adjustment in accordance with the RCA’s MSHCP Implementing Agreement:

“D. Automatic annual fee adjustment. In addition to the periodic fee adjustment mentioned above, the RCA shall provide the city with an automatic annual fee adjustment for the local development mitigation fee established by this chapter as set forth in the MSHCP Mitigation Fee Implementation Manual.”

Additionally, Section 8 of Resolution No. 2021-24 also provides for an Automatic Annual Fee Adjustment in accordance with the RCA’s MSHCP Implementing Agreement:

“Section 8. In addition to the Periodic Fee Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the Local Development Mitigation Fee established by this Resolution as set forth in the MSHCP Mitigation Fee Implementation Manual adopted pursuant to the Local Development Mitigation Fee Ordinance.”

Pursuant to Section 3.80.050 of the Jurupa Valley Municipal Code, Section 8 of Resolution No. 2021-24, RCA’s MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local Development Mitigation Fee adjusts annually by the change in the Consumer Price Index (CPI). RCA has determined that based on the CPI increase for Riverside – San Bernardino – Ontario, CA, that the MSHCP fees will increase 8.592% effective July 1, 2022. RCA has provided the City with revised MSHCP fees as provided in Section 3.

Page | 3

The fees collected pursuant to the MSHCP Local Development Mitigation Fee shall be used to finance the public facilities described or identified in the 2020 Nexus Study.

AUTOMATIC MSHCP FEE ADJUSTMENT
For the period of July 1, 2022 to June 30, 2023, the MSHCP Local Development Mitigation Fee shall be increased by the CPI, 8.592%, as follows:

WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN
LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE F OR FISCAL YEAR 2023 (EFFECTIVE JULY 1, 2022 TO JUNE 30, 2023)
Fee Category Fee
Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
$3,947
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,645
Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$728
Commercial (fee per acre) $17,764
Industrial (fee per acre) $17,764

In the event the proposed Resolution and Resolution No. 2021- 24 are not further amended by July 1, 2023, the Local Development Mitigation Fee shall be the fee described in Section 5 of Resolution No. 2021-24.

Resolution No. 2021-24 also included MSCHP Collection Fee Schedule that is to cover the City’s costs of imposing, administering, collecting, and remitting the Local Development Mitigation Fees from project proponents. There is no proposed changes to the collection fee at this time.

Fiscal Impact

There will be an 8.592% increase in the MSHCP Local Development Mitigation Fees to be paid by new development.

5-22-22

-1-

RESOLUTION NO. 2022-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, AMENDING
RESOLUTION NO. 2021 -24 AND CONFIRMING THE

AUTOMATIC INCREASE IN THE WESTERN RIVERSIDE

COUNTY MULTIPLE SPEC IES HABITAT

CONSERVATION PLAN LO CAL DEVELOPMENT

MITIGATION FEE APPLI CABLE TO ALL

DEVELOPMENTS IN THE PLAN AREA PURSUANT TO
JURUPA VALLEY MUNICIPAL CODE SECTION 3.80.050.D

AND MAKING FINDINGS ACCORDING TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

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

Section 1. Recitals.
(a) The City of Jurupa Valley (“City”) is a member agency of the Western Riverside County Regional Conservation Authority (“RCA”), a joint powers agency comprised of the County of Riverside and the eighteen cities located in western Riverside County. (b) The member agencies of RCA recogni zed that a habitat conservation plan is necessary to provide special protections for vegetation communities and natural areas containing habitat values to prevent future endangerment of the plant and animal species impacted by new development in western Riverside County.
(c) In order to address these issues, the member agencies formulated a plan called the Western Riverside County Multiple Species Habitat Conservation Plan (the “MSHCP”) whereby a mitigation fee would be assessed on new development and would be used to fund the implementation of the MSHCP.
(d) In furtherance of the MSHCP, the City adopted Resolution No. 2021-24 approving and adopting the updated “Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update,” dated October 2020. (e) Chapter 3.80 of the Jurupa Valley Municipal Code, the "Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance ," was adopted pursuant to California Government Code Sections 6600 0 et seq. and authorizes the City Council to impose the Local Development Mitigation Fee upon new development. (f) Section 3.80.050.A. of the Jurupa Valley Municipal Code authorizes the City to adopt an applicable Local Development Mitigation Fee schedule by resolution. (g) Resolution No. 2021-24 adopted the MSHCP Local Development Mitigation Fee.
5-22-22
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(h) Section 3.80.050.D of the Jurupa Valley Municipal Code provides for an Automatic Annual Fee Adjustment in accordance with the RCA’s MSHCP Implementing Agreement:
“D. Automatic annual fee adjustment. In addition to the periodic fee adjustment mentioned above, the RCA shall provide the city with an automatic annual fee adjustment for the local development mitigation fee established by this chapter as set forth in the MSHCP Mitigation Fee Implementation Ma nual.”
(i) Additionally, Section 8 of Resolution No. 2021-24 provides for an Automatic Annual Fee Adjustment in accordance with the RCA’s MSHCP Implementing Agreement:
“Section 8. In addition to the Periodic Fee Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the Local Development Mitigation Fee established by this Resolution as set forth in the MSHCP Mitigation Fee Implementation Manual adopted pursuant to the Local Development Mitigation Fee Ordinance.” (j) Pursuant to Section 3.80.050 of the Jurupa Valley Municipal Code, Section 8 of Resolution No. 2021-24, RCA’s MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local D evelopment Mitigation Fee adjusts annually by the change in the Consumer Price Index (CPI). RCA has determined that based on the CPI increase for Riverside – San Bernardino – Ontario, CA, that the MSHCP fees will increase 8.592% effective July 1, 2022.

RCA has provided the City with revised MSHCP fees as provided in Section 3. (k) The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the 2020 Nexus Study.

Section 2. California Environmental Quality Act Findings . The City Counc il of the City of Jurupa Valley does hereby make the following environmental findings and determinations in connection with the adoption of the Local Development Mitigation Fee:
(a) The Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City’s CEQA Guidelines pursuant to Section 21080(b)(8) of the California Public Resources Code and Section 15273 of the CEQA Guidelines because CEQA does not apply to t he establishment, modification, structuring, restru cturing, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of ( a) meeting operating expenses, including employee wage rates and fringe benefits or (b) obtaining funds for capital proje cts necessary to maintain service within existing service areas.
(b) Further, on a separate and independent ba sis, the Local Development Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the City’s CEQA Guidelines pursuant to Section 15378(b)(4) of the State CEQA Guidelines because the creation of government funding mechanisms or other government fiscal activities, which do 5-22-22
-3-

not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, is not a “project” for purposes of CEQA. (c) Further, on a separate and independent basis, the Local Development Mitigation Fee adopted by this R esolution is not subject to the requirements of CEQA and the City’s CEQA Guidelines because it implements the Fee as adopted by Resolution No. 2021-24.

Section 3. Adoption of Adjusted Local Development Mitigation Fee. Based on the foregoing, the City Council of the City of Jurupa Valley does hereby amend Section 5 of Resolution No. 2021-24 to read as follows:
“A. For the period of July 1, 2022 to June 30, 2023, the Local Development Mitigation Fee shall be as follows:

WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN
LOCAL DEVELOP MENT MITIGATION FEE SCHEDULE FOR FISCAL YEAR 2023 (EFFECTIVE JULY 1, 2022 TO JUNE 30, 2023)
Fee Category Fee

Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
$3,947
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,645
Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$728
Commercial (fee per acre) $17,764
Industrial (fee per acre) $17,764

“B. In the event this Resolution and Resolution No. 2021 -24 are not further amended by July 1, 2023. the Local Development Mitigation Fee shall be the fee set forth in Section 5 of Resolution No. 2021-24.”

Section 4. Effective Date of the Adjusted Local Development Mitigation Fee. The adjusted Local Development Mitigation Fee established by Section 3 of this Resolution shall be effective on July 1, 2022.

Section 5. Effect on Resolution No. 2021-24. Except as provided in Section 3 of this Resolution, all other terms and provisions of Resolution No. 2021-24 shall remain in full force and effect.
5-22-22
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Section 6. Severability. This Resolution and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Resolution, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Resolution, or its application to other persons or entities. The City Council hereby declares that this Resolution would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Resolution not been included herein; or had such person or entity been expressly exempted from t he application of this Resolution. If the fees collected for the conservation of the land, including the monitoring and management thereof, are later adjudged by a final unappealable judgment of a court of competent jurisdiction to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted pursuant to Resolution No. 2021 -24 shall each be revived and shall continue for the life of the MSHCP until modified by resolution of the City Council.

Section 7. 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 2nd day of June, 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 cert ify that the foregoing Resolution No. 2022-56 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of June, 2022, by the following votes, 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 2nd day of June, 2022.

___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

May 12, 2022

Mr. Rob Butler, City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa, CA 92509

RE: NOTICE TO IMPLEMENT THE MSHCP LOCAL DEVELOPMENT MITIGATION FEE CPI ADJUSTMENT FOR FISCAL YEAR 2023

Dear Mr. Butler:

In accordance with the MSHCP Mitigation Fee Implementation Manual and past practice, the MSHCP Local Development Mitigation Fee (LDMF) adjusts annually by the change in the Consumer Price Index (CPI). Fee ordinances and resolutions adopted by the County of Riverside and cities pursuant to the MSHCP Implementing Agreement reflect this requirement. Based on the CPI increase for Riverside – San Bernardino – Ontario, CA, MSHCP fees will increase 8.592% effective July 1, 2022.

Member Agencies are required to implement the auto matic CPI adjustment, effective July 1, 2022, and begin collecting fees at the Fiscal Year 2023 rates, as outlined in the attached.

Outreach efforts to ensure local development mitigation fees are properly assessed include but are not limited to the following:

• Updated fee forms are provided electronically to the Finance/Community Development/Planning Departments and posted to the RCA website at https://www.wrc-rca.org/document-library/ • Notification of the fee adjustment is posted the RCA website http://www.wrc- rca.org/development-applications/permits-and-fees/ for public awareness.

MSHCP Mitigation Fee CPI Adjustment
May 12, 2022

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Jurupa Valley City CouncilJune 2, 2022

Jurupa Valley City Council
June 2, 2022