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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, June 16, 2022
Closed 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 CLOSED SESSION ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
2. CONVENE TO CLOSED SESSION
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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A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
B. CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council will meet in closed session pursuant to Government Code Section 54957 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager’s Employment Agreement.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED
SESSION
4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. APPROVAL OF AGENDA
8. PRESENTATIONS
A. DROUGHT: THE CURRENT EMERGENCY AND FUTURE OF WATER -
PRESENTED BY LAURA ROUGHTON, BOARD MEMBER, WESTERN
MUNICIPAL WATER DISTRICT
B. QUARTERLY UPDATE – HEALTHY JURUPA VALLEY
C. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF
COMMERCE
9. PUBLIC APPEARANCE/COMMENTS
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10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS EXECUTIVE COMMITTEE MEETING OF
JUNE 6, 2022
2. UPDATE ON THE WESTERN COMMUNITY ENERGY JOINT
MEETING OF THE BOARD OF DIRECTORS AND TECHNICAL
ADVISORY COMMITTEE OF JUNE 8, 2022
3. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS ADMINISTRATION & FINANCE COMMITTEE
MEETING OF JUNE 8, 2022
B. COUNCIL MEMBER LORENA BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY MEETING OF JUNE 6, 2022
C. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE RIVERS IDE COUNTY TRANSPORT ATION
COMMISSION MEETING OF JUNE 8, 2022
2. UPDATE ON THE NORTHWEST TRANSPORTATION NOW
COALITION MEETING OF JUNE 9, 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 54954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.
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3. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY – AUDIT AND FINANCE
COMMITTEE MEETING OF JUNE 10, 2022
4. UPDATE ON THE MOBILE SOURCE AIR POLLUTION
REDUCTION REVIEW COM MITTEE MEETING OF JU NE 1 6,
2022
D. COUNCIL MEMBER GUILLERMO SILVA
1. UPDATE ON THE NORTHWEST MOSQUITO A ND VECTOR
CONTROL DISTRICT MEETING OF JUNE 16, 2022
12. CITY MANAGER’S UPDATE
13. APPROVAL OF MINUTES
A. JUNE 2, 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. 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. 2022-57, 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
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C. ADOPTION OF THE LIST OF PROJECTS FOR FISCAL YEAR 2022/2023 FUNDED BY SENATE BILL 1
Requested Action: That the City Council adopt Resolution No. 2022-58, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ADOPTING A LIST OF P ROJECTS FOR
FISCAL YEAR 2022/23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
D. APPROVAL OF THE SECOND AMENDMENT TO THE MIDDLE SANTA
ANA RIVER WATERSHED TMDL TASK FORCE COOP ERATIVE
AGREEMENT
Requested Action: That the City Council approve Amendment No. 2 to the Agreement to form the Middle Santa Ana River (MSAR) Watershed TMDL (Total Maximum Daily Loads) Task Force extending its term by four and one-half years and direct and authorize the City Manager to execute such an amendment on behalf of the City.
E. AUTHORIZE THE CITY MANAGER TO SIGN GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY WITHIN LOT 411
OF TRACT NO. 31894
1. Requested Action: That the City Council authorize the dedication of an easement to Southern California Edison on Lot 411 of Tract No. 31894 for the following purpose: to construct, use, maintain, operate alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time to underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures. Markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (e.g., through fiber optic cable), in, on, over, under, across and along that certain real portion of Lot 411 as shown on DED21- 003.
2. Authorize the City Manager and City Clerk to sign the Easement of Dedication of DED21-003.
F. FISCAL YEAR 2021-22 QUARTERLY INVESTMENT REPORTS
Requested Action: That the City Council receive and file the Quarterly Investment Reports.
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G. RESOLUTION AUTHORIZING A REVISED CITY INVESTMENT
POLICY
Requested Action: That the City Council adopt Resolution No. 2022-67, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING A REVISED INVESTMENT
POLICY
H. AMENDMENT NO. 8 TO THE AGREEMENT FOR SERVICES WITH
SOFTSCAPES CORPORATION FOR SPECIAL DISTRICT
LANDSCAPING SERVICES
Requested Action: That the City Council approve the Eighth Amendment to the Agreement for Special District Landscaping Services between the City of Jurupa Valley and Softscapes Corporation and authorize the City Manager to execute the Agreement in substan tially the form and format attached to the staff report as approved by the City Attorney.
I. APPROVAL OF THIRD AM ENDMENT TO AGREEMENT WITH
FIRSTCARBON SOLUTION S CORPORATION FOR TH E
PREPARATION OF AN EN VIRONMENTAL IMPACT R EPORT FOR
THE PROPOSED “RIO VI STA SPEC IFIC PLAN” PROJECT, (CASE NUMBER: MA16045); (APPLICANT: RICHLAND COMMUNITIES)
Requested Action: That the City Council authorize the City Manager to execute the Third Amendment to the Agreement with First Carbon Solutions (FCS) for the preparation of an Environmental Impact Report (EIR) for the proposed “Rio Vista Specific Plan” project in an amount not to exceed $96,191, to be funded entirely by the applicant ’s advance deposit sufficient to cover the EIR and the City ’s administrative costs.
J. INITIATION OF A CODE AMENDMENT TO THE CITY’S MUNICIPAL CODE TO UPDATE THE “DETACHED ACCESSORY BUILDINGS”
SECTION AND TO ADD SETBACK REQUIREMENTS TO CERTAIN
ZONES THAT ARE MISSING MINIMUM SETBACK PROVISIONS
Requested Action: That the City Council initiate a code amendment to the Municipal Code to amend the development standards that apply to detached accessory buildings and amend development standards in certain zones to include minimum setbacks requirements.
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K. APPROVAL OF AGREEMENT BETWEEN CARSON-VA INDUSTRIAL II, L.P. AND THE CITY OF JURUPA VALLEY FOR MAINTENANCE OF CITY
PARKWAYS FOR THE HALL INDUSTRIAL PROJECT LOCATED AT THE
NORTHWEST CORNER OF HALL AVENUE AND AGUA MANSA ROAD
INTERSECTION
1. Requested Action: That th e City Council approve the agreement between Carson-VA Industrial II, LP and the City of Jurupa Valley for maintenance of parkways; and
2. 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.
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -001
(PUBLIC SAFETY, EMERALD RIDGE SOUTH), GENERALLY
LOCATED ALONG AVALON STREET, CANAL STREET, CANAL
STREET EXTENSION, AND 30TH STREET, TR37893
1. Requested Action: That the City Council open the public hearing and take testimony, if any.
2. Following the public hearing, staff recommends that the City Council adopt Resolution No. 2022-59, entitled:
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY TO ESTABLISH CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS
2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH), TO
ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO
SUBMIT THE ESTABLISHMENT OF AN APP ROPRIATIONS
LIMIT AND THE LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS THEREOF; AND
3. That the City Council adopt Resolution No. 2022-60, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS
2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH)
PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A
SPECIAL TAX WITHIN THE COMM UNITY FACILITIES
DISTRICT; AND
4. That the City Council adopt Resolution No. 2022-61, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY DECLARING THE RESULTS OF A SPECIAL
ELECTION IN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRI CT NO. PS2022 -001 (PUBLIC SAFETY,
EMERALD RIDGE SOUTH) AND DIRECTING THE RECORDING
OF A NOTICE OF SPECIAL TAX LIEN; AND
5. That the City Council waive full reading, read by title only and introduce Ordinance No. 2022-09, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -001 (PUBLIC
SAFETY, EMERALD RIDGE SOUTH) AUTHORIZING THE LEVY
OF A SPECIAL TAX THEREIN
B. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE DD) TO THE CIT Y OF JURUPA VALLEY L ANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED
(“CITY OF JURUPA VALLEY L&LMD 89-1-C”), AND PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE 2-G) TO THE
CITY OF JURUPA VALLE Y LANDSCAPE AND LIGH TING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED (“CITY OF
JURUPA VALLEY L&LMD 89-1-C”), NORTHWEST CORNER OF AGUA
MANSA ROAD AND HALL AVENUE (CONTINUED FROM THE JUNE 2,
2022 MEETING)
1. Requested Action: That the City Council open the public hearing and take testimony, if any.
2. Following the public hearing, staff recommends that the City Council adopt Resolution No. 2022-62, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY ORDERING THE ANNEXAT ION OF
TERRITORY (ZONE DD ) ; LOCATED AT THE NORTHWEST
CORNER OF AGUA MANSA ROAD AND HALL AVENUE TO CITY
OF JURUPA VALLEY LAN DSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED,
CONFIRMING A DIAGRAM AND ASSESSMENT, ORD ERING
THE IMPROVEMENTS AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR
2023-24 PURSUANT TO THE PROVISIONS OF PA RT 2 OF
DIVISION 15 OF THE C ALIFORNIA STREETS AND HIGHWAYS
CODE AND AS PROVIDED BY ARTICLE XIII D O F THE
CALIFORNIA CONSTITUTION; AND
3. That the City Council adopt Resolution No. 2022-63, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY ORDERI NG THE ANNEXATION OF
TERRITORY (ZONE 2 -G ); LOCATED AT THE NORTHWEST
CORNER OF AGUA MANSA ROAD AND HALL AVENUE TO CITY
OF JURUPA VALLEY LAN DSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED,
CONFIRMING A DIAGRAM AND ASSESSMENT, ORD ERING
THE IMPROVEMENTS AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR
2023-24 PUR SUANT TO THE PROVISI ONS OF PART 2 OF
DIVISION 15 OF THE C ALIFORNIA STREETS AND HIGHWAYS
CODE AND AS PROVIDED BY ARTICLE XIII D O F THE
CALIFORNIA CONSTITUTION
C. PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND
CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL CODE TO
UPDATE THE ALLOWED LAND USES AND DEVELOPMENT
STANDARDS FOR THE BUSINESS PARK (BP) ZONE; AND AN
ORDINANCE TO APPROVE PROPOSED CHANGE OF ZONE FROM
MANUFACTURING HIGH TO LIGHT AGRICULTURAL (A -1) AND
NATURAL ASSET (N -A) FOR PARCELS WITH APNS: 174 -040-017, 018, 019, AND 020, CHANGE OF ZONE FROM MANUFACTURING HIGH (M-
H) TO MANUFACTURING SERVICE COMMERCIAL (M -SC) FOR
PARCELS WITH APNS: 178 -330-001, 002, AND 003, CHANGE OF ZONE
FROM MANUFACTURING HIGH (M-H) TO GENERAL COMMERCIAL
(C-1 C -P) FOR PARCELS WITH A PNS: 163 -400-004 AND 008; AND
CHANGE OF ZONE FROM MANUFACTURING HIGH (M -H) TO
WATERCOURSE, WATERSHED AND CONSERVATION AREAS (W -1)
FOR PARCEL WITH APN: 163 -300-005
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1. Requested Action: That the City Council open the public hearing and take testimony, if any.
2. Requested Action: Following the public hearing, staff recommends that the City Council make a finding that (1) the adoption of an ordinance approving Zoning Code Amendment (ZCA) No. 22001 is exempt from further environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (“CEQA”); and (2) the adoption of an ordinance approving Change of Zone (CZ) No. 22001 does not require the preparation of any further environmental reports as the Project has already been an alyzed in the Final Programmatic Environmental Impact Report (FEIR) for the “2017 General Plan of the City of Jurupa Valley” project certified by the City Council on September 7, 2017. The Project is and the circumstances under which the Project is undert aken do not involve substantial changes which will result in new significant environmental effects, and the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the F EIR. All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. As such, no furthe r environmental review is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 ; and
3. That the City Council conduct a first reading and introduce Ordinance No. 2022-10, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VA LLEY,
CALIFORNIA, AMENDING CHAPTER 9.112 OF THE JURUPA
VALLEY MUNICIPAL CODE AMENDING THE USES ALLOWED
IN THE BUSINESS PARK ZONE AND DEVELOPMENT
STANDARDS THAT APPLY TO THOSE USES, MAKING
ADDITIONAL CONFORMING CHANGES TO TITLE 9 AND
FINDING THE ORDINANCE I S EXEMPT FORM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)
(3) OF THE CEQA GUIDELINES ; AND
4. That the City Council conduct a first reading and introduce Ordinance No. 2022-11, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, ESTABLISHING A CHANGE OF ZONE FROM
MANUFACTURING HIGH TO LIGHT AGRICULTURAL (A -1)
AND NATURAL ASSET (N -A) FOR PARCELS WITH APNS: 174 -
040-017, 018, 019, AND 020, CHANGE OF ZONE FROM
MANUFACTURING HIGH (M -H) TO MANUFACTURING
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SERVICE COMMERCIAL (M -SC) FOR PA RCELS WITH APNS:
178-330-001, 002, AND 003, CHANGE OF ZONE FROM
MANUFACTURING HIGH (M -H) TO GENERAL COMMERCIAL
(C-1 C-P) FOR PARCELS WITH APNS: 163-400-004 AND 008, AND
CHANGE OF ZONE FROM MANUFACTURING HIGH (M -H) TO
WATERCOURSE, WATERSHED AND CONSERVATION AREAS
(W-1) FOR PARCEL WITH APN: 163 -300-005
17. COUNCIL BUSINESS
A. RESOLUTION ADOPTING A BUDGET FOR FISCAL YEAR 2022-23
1. Requested Action: That the City Council approve the proposed Operating Budget for the 2022/23 fiscal year, as initially presented May 19, 2022, which includes Council approved changes at the Workshop.
2. That the City Council pass and adopt Resolution No. 2022-64, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, ADOPTING A BUDGET AND
APPROVING INITIAL APPROPRIATIONS FOR THE FISCAL
YEAR JULY 1, 2022 THROUGH JUNE 30, 2023
B. FISCAL YEAR 2021-22 YEAR-END BUDGET AMENDMENTS
Requested Action: That the City Council approve Fiscal Year 2021 -22 Year-End Budget Amendments to the City’s Budget as presented in the exhibit to the staff report.
C. APPROVAL OF ONE NEW CLASSICATION AND SALARY RANGE ; THREE POSITION RECLASSIFICATIONS; TWO SALARY RANGE
ADJUSTMENTS; INCREASE TO THE CAFE TERIA PLAN
ALLOWANCE; COST OF LIVING ADJUS TMENT; AND SALARY
SCHEDULE FOR 2022-2023
1. Requested Action: That the City Council approve the creation of one (1) new classification of Intern, including the job description and salary range of R20 ($27.19 - $33.70); and
2. That the City Council approve the following p ositions to be reclassified including the creation/update of the job descriptions and salary ranges as follows: Human Resources Specialist to HR Analyst and salary range of R29 ( $70,627 - $87,532); Purchasing Buyer to Purchasing Analyst and salary range of R29 ($70,627 - $87,532); and Accountant I to Accountant II (2 positions) R25 ($63,986 - $79,299); and
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3. That the City Council approve two salary range adjustments for two positions due to internal alignment with similar or like positions as follows:
Public Works Operations Manager - R43 ($92,669 - $123,680); City Clerk – R46 ($94,986 - $133,190); and
4. That the City Council approve the new fiscal year Salary Schedule for 2022- 23 which includes the above recommendation of one (1) new classification, four (4) reclassifications, and two (2) salary range adjustments; and
5. That the City Council approve the increase to the Cafeteria Plan Allowance from $1,400 to $1,650 and the Cost of Living Adjustment (COLA) of 2%, effective the first pay period in July 2022. Eligible employee are required to be active on payroll at the time of the COLA/Cafeteria Plan Increase; and
6. That the City Council adopt Resolution No. 2022-66, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIF ORNIA, ES TABLISHING A
CLASSIFICATION AND C OMPENSATION SCHEDULE FOR
FISCAL YEAR 2022-23
D. AUTHORIZING STAFF CELL PHONE STIPEND
Requested Action: That the City Council authorize a cell phone stipend in the amount of $60.00 per month, per staff member, authorized by the City Manager.
18. CITY ATTORNEY’S REPORT
19. COUNCIL MEMBER REPORTS AND COMMENTS
20. ADJOURNMENT
Adjourn to the Regular Meeting of July 7, 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 oth er 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,
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Jurupa Valley City Counc il 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
June 2, 2022
1. 6:00 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 6:02 p.m.
2. STUDY SESSION – UPDATE FROM SOUTHERN CAL IFORNIA EDISON
REGARDING THE WILDFIRE MITIGATION PLAN
Aileen Flores, SCE Government Relations Manager gave a presentation on SCE’s Wildfire Mitigation Plan. Robert Stiens, SCE Senior Public Affairs Manager explained what occurs when there is a Public Safety Power Shutoff event and how Southern California Edison is mitigating wildfire and PSPS events.
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
Mayor Chris Barajas called the regular meeting to order at 7:00 p.m.
4. INVOCATION was given by Pastor Greg Rondeau, Calvary Chapel Jurupa Valley.
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 Council Member Guillermo Silva, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
RETURN TO AGENDA
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7. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
The City’s Pet of the Month for June, a three-year old black and white terrier mix, was introduced to the Council. Anyone interested in giving the Pet of the Month a home is invited to contact the City’s Animal Control Services Department at https://www.rcdas.org.
8. PUBLIC APPEARANCE/COMMENTS
The City Clerk read a letter from an unidentified speaker voicing support of the development off of Felspar and Van Buren as it will bring more affordable homes to the community. The individual stated that due to rising housing costs, the City should be considering even higher density housing projects.
The City Clerk read a letter from Renae Rock and Yesenia Villagomez requesting that the City Council allocate funds to address serious flooding issues in Mira Loma and to address the problems with the newly installed curb which is interfering with the horse trail.
Wayne Brown, representing the Riverside County Transportation Commission gave an update on an upcoming weekend road closure on the southbound I-15 freeway at the 91 freeway interchange.
A speaker identified as Lorena asked the Council to take care of residents and invest in the community by providing a permanent fix to the flooding in Mira Loma, especially on 48th and 50th streets. She also asked that something be done about the newly installed curbs that are dangerous to people and horses.
A speaker identified as Patricia asked for help regarding the flooding on 48th Street which is causing various health and safety concerns.
Deanna Conner requested that the Council remove the new asphalt curbs on 48th Street and to repair the drainage issues in Mira Loma. She noted that the curbs have created a safety hazard for people and horses. She stated that because of the curbs, the U.S. Postal Service has required that many of the mailboxes be moved forward which creates an unsafe corridor to ride horses.
Renae Rock encouraged the Council to listen to their constituents as they are concerned that their issues are continuing to fall on deaf ears. She outlined the issues that are occurring in Mira Loma which involve dangerous curbs and a lack of proper drainage. She encouraged the Council to visit the area to see it for themselves.
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Esteban Escobedo echoed the other speaker’s comments and stated that he believes there has been miscommunication over some of the issues in Mira Loma which could be improved. He asked the Council to work with the residents and do what is best for their constituents.
Roberto Ramirez stated that the Council works for the residents and they feel they are not being listened to. He described the flooding issues in Mira Loma and a lack of communication which has prolonged a solution. He encouraged the Council to do the right thing.
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Brian Berkson announced that a ribbon cutting was held earlier today to celebrate the opening of the new truck -climbing lane on Route 60 in Beaumont. As a representative of the Riverside County Transportation Commission, Mr. Berkson noted that the new lanes represent a $138 million investment which will offer a safer and more efficient way to travel between the Coachella Valley and western Riverside County through the county’s “Badlands.” He noted that the lanes also include a new wildlife crossing to provide safe transit for migratory animals.
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 Interagency Coordinating Council meeting of May 20, 2022.
B. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission – Western Riverside County Programs and Projects Committee meeting of May 23, 2022.
2. Council Member Brian Berkson gave an update on the Riverside Transit Agency Board of Director’s meeting of May 26, 2022.
3. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority meeting of May 27, 2022.
11. CITY MANAGER’S UPDATE
City Manager Rod Butler encouraged members of the Council to share any summer vacation plans with him so he can ensure a quorum for future Council meetings.
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A. COUNCIL TRAVEL SUMMARY REPORT
Michael Flad, Assistant City Manager, r eported that all five Council Members attended the annual International Conference of Shopping Centers (ICSC) in Las Vegas from May 22, 2022 through May 24, 2022. Expenses included mileage reimbursement, airfare, conference registration, meals, and accommodations.
Discussion followed regarding the ICSC Conference.
12. SHERIFF’S DEPARTMENT UPDATE
Deputy Gillison and Mental Health Clinician Sarah Beck gave a presentation on the Community Behavioral Assessment Team which is staffed with a clinical therapist and a designated peace officer. The purpose of the program is to reduce repeat law enforcement calls, link to appropriate care with a focus on ongoing support and treatment, and take over mental health calls, which allows other law enforcement patrol units to remain in service.
13. APPROVAL OF MINUTES
A. MAY 19, 2022 REGULAR MEETING
A motion was made by Council Member Guillermo Silva, seconded by Council Member Lorena Barajas Bisbee, to approve the Minutes of the May 19, 2022 regular meeting.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
14. 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. 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 FEE) 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 RESIDENTIAL 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 SECTIONS 1506 1(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 SPECI AL ASSESSMENT AND LI EN
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 SPEC IAL ASSESSMENT AND L IEN
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.)
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Requested Action: That the City Council adopt Resolution No. 2022-47, 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 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 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, 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 Deve lopment 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 TH E 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 approve 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 authoriz e 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 RESOL UTIONS REGARDING THE ANNEXATION OF
ZONE FF (MONTECITO) TO CITY OF JURUPA VA LLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED (“CITY OF JURUPA VAL LEY L&LMD 89 -1-C”), GENERALLY AT THE
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SOUTHEAST CORNER OF MISSION BOULEVARD AND AGATE STREET
INTERSECTION
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
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M. ADOPTION OF RESOLUT IONS REGARDING THE A NNEXATION OF
ZONE W (HUDSON COLLE CTION) TO CITY OF JU RUPA VALLEY
LANDSCAPE AND LIGHTI NG MAINTENANCE DISTR ICT NO. 89 -1- CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89-1-C”), WEST OF HUDSON STREET BETWEEN 59TH AND 60TH STREET
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 DISTRIC T 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:
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 ZO NE 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
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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
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 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
A motion was made by Council Member Lorena Barajas Bisbee, 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
15. CONSIDERATION OF ANY 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
Mayor Chris Barajas opened the public hearing and called for any public comments.
There being no further comments, the public hearing was continued.
Mayor Chris Barajas announced that at the request of City staff, this item will be continued.
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By consen sus, the City Council continued the public hearing to the next available regularly scheduled City Council meeting on June 16, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
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 DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE
CALIFORNIA CONSTITUTION
Mayor Chris Barajas opened the public hearing and called for any public comments.
There being no further comments, the public hearing was continued.
Mayor Chris Barajas announced that at the request of City staff, this item will be continued.
By consensus, the City Council continued the public hearing to the next available regularly scheduled City Council meeting on June 16, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
17. COUNCIL BUSINESS
18. CITY ATTORNEY’S REPORT
City Attorney Maricela Marroquin had no report.
19. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Guillermo Silva announced that a Community Clean -Up event for Council District 2 is Saturday, June 4 from 7:30 a.m. to 11:30 a.m. Volunteers are asked to check in at City Hall, 8930 Limonite Avenue.
Council Member Brian Berkson asked City Manager Rod Butler to bring back a report on the issues raised tonight in the Mira Loma area.
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20. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 8:18 p.m.
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
S
TAFF REPORT
DAT
E: JUNE 16, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJ
ECT: AGENDA ITEM NO. 14.B
REAF
FIRM 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
RECO
MMENDATION
1) That the City Council adopt Resolution No. 2022 -57, 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
BACKGROUND
At the beginning of the COVID -19 Pandemic, the Governor issued an Executive Order allowing the City Council and other City legislative bodies to conduct their meetings, in whole or in part, by telephone or other electronic means. This Executive Order expired but the Legislature adopted Chapter 165 of 2021 (AB 361) that allows meetings of a legislative body such as the City Council or commissions to be conducted by telephone or other electronic means if certain findings are made concerning an emergency and certain procedures providing for public comment are followed.
A legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. Although the agency may still ask for public
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12774-0001\2619973v1.doc
RESOLUTION NO. 2022-57
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 T ELECONFERENCE 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
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find, determine and declare that:
(A) City Council is committed to public access and participation in its meetings and the meetings of all City legislative bodies while balancing the need to conduct public meetings in a manner that r educes the likelihood of exposure to COVID -19 and to support physical distancing during the COVID-19 pandemic.
(B) All meetings of the City Council and other City legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code, § 54950 et seq.), so that any member of the public may attend, participate, and watch the City Council and other City legislative bodies conduct their business.
(C) Pursuant to Chapter 165 of the Statutes of 2021 ( Assembly Bill 361 ) legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:
1) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. -2-
12774-0001\2619973v1.doc
(d) The Centers for Disease Control and Prevention c ontinue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than six feet apart from others for longer periods of time;
(e) Due to the ongoing COVID -19 pandemic and th e need to promote social distancing to reduce the likelihood of exposure to COVID -19, the City Council intend s to hold public meetings with an option for members of those bodies and the public to attend by teleconference pursuant to Government Code Section 54953(e) based on the following findings:
1) The declared emergency is still in effect. On March 4, 2020, the Governor declared a State of Emergency in California related to the COVID -19 pandemic (the “Emergency”) and this State of Emergency has not been re pealed. On March 20, 2020, the City Council adopted Resolution No. 2020-10 declaring a Local Emergency related to the COVID -19 Pandemic, which Local Emergency has been reaffirmed since that time, including the adoption of Resolution No. 2022-07 on January 20, 2022.
2) California State Department of Public Health and Riverside County have each recommended measures to promote social distancing. Thus, the California Division of Occupational Safety and Health still requires that employers provide for physical and social distancing in the workplace. Additionally, the Riverside County Department of Public Health still encourages people at risk for severe illness or death from COVID -19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing. 3) The City Council reaffirms the findings made in Res olution No. 2022-08 adopted on January 20, 2022. Staff will also present these findings on a monthly basis in the manner provided by Government Code Section 54953(e) thereafter should the above - mentioned conditions continue.
Section 2. The City Council will continue to hold in person public meetings during the Emergency with required social distancing to the extent practicable. The City Council shall have the option to conduct their meetings in whole or in part via teleconferencing pursuant to Government Code Section 54953(e).
Section 3. Staff is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act.
Section 4. The City Council will reconsider the above findings within thirty days of adoption of this Resolution.
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12774-0001\2619973v1.doc
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th day of June, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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12774-0001\2619973v1.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2022-57 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 16th 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 16th day of June, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
120
S
TAFF REPORT
DATE: JUNE 16, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.C
ADO
PTION OF THE LIST OF PROJECTS FOR FISCAL YEAR
2022/2023 FUNDED BY SENATE BILL 1
RECOMMENDATION
1) That
the City Council adopt Resolution No. 2022-58, entitled:
A RESO
LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 20 22/23 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
BAC
KGROUND
The C
ity’s street system connects over 45 square miles of r esidential, commercial, industrial, urban, rural and transitional uses. This network consists of over 300 centerline miles and more than 700 lane miles of streets that the City is responsible to maintain.
One of the main sources for roadway capital improvement projects is from Senate Bill 1 (SB1).
On April 28th, 2017, Governor Brown signed SB1, which created the Road Maintenance and Rehabilitation Account (RMRA) to address deferred maintenance on the state highway and local streets and roads systems. SB1 requires the City to meet specific reporting and accountability requirements established by the California Transportation Commission (CTC).
ANALYSIS
The CTC Resolution G-18-08 specifies that prior to receiving an apportionment of RMRA funds in a fiscal year, a city or county must submit to the CTC a list of projects proposed to be completed with these funds. To receive the Fiscal Year 2022 -2023 RMRA funds,
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Page | 2
the City must submit a City Council- approved list of projects to the CTC by July 1, 2022 (Attachment A).
The City is expected to receive approximately $2, 393,713 of RMRA funding in FY 2022/2023. There are two projects included in the FY 2022/2023 program year funded either in whole or partially with RMRA, shown below:
• Mission Boulevard Pavement Rehabilitation – Ph. 3
o Bellegrave Ave to Ben Nevis Blvd
o Includes roughly 7,200 linear feet of pavement rehabilitation or reconstruction as well as signing and striping
o Estimated useful life of 15-20 years
o Anticipated schedule: Complete construction by Spring 2023
• Van Buren Boulevard Pavement Rehabilitation – Ph. 3
o Bellegrave Ave to Etiwanda Ave
o Includes roughly 7 ,500 linear feet of pavement rehabilitation or reconstruction as well as signing and striping
o Estimated useful life of 15-20 years
o Anticipated Schedule: Complete Construction by Spring 2023
FINANCIAL IMPACT
These budgets do not require any General Fund monies.
ALTERNATIVES
1) Do not adopt Resolution No. 2022-58
2) Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
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RESOLUTION NO. 2022-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIF ORNIA, ADOPTING A LI ST OF
PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE
ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the lo cation of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $2,393,713 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 2.8 centerline miles of pavement with two projects throughout the City this year and man y similar projects into the future; and
WHEREAS, the City’s roads have an average pavement condition index (PCI) of 52 which is considered to be in “poor” condition and this revenue will help us increase the overall quality of our road system over the next decade into a “fair” to “good” condition; and -2-
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in comp lete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Jurupa Valley, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in-part or solely with fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues:
Mission Boulevard Pavement Rehabilitation – Ph. 3
o Bellegrave Ave to Ben Nevis Blvd
o Includes roughly 7,200 linear feet of pavement rehabilitation or reconstruction as well as signing and striping
o Estimated useful life of 15-20 years
o Anticipated schedule: Complete construction by Spring 2023
Van Buren Boulevard Pavement Rehabilitation – Ph. 3
o Bellegrave Ave to Etiwanda Ave
o Includes roughly 7,500 linear feet of pavement rehabilitation or reconstruction as well as signing and striping
o Estimated useful life of 15-20 years
o Anticipated Schedule: Complete Construction by Spring 2023
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th 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 cert ify that the foregoing Resolution No. 2022-58 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 16th 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 16th day of June, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
P
age | 1
S
TAFF REPORT
DAT
E: JUNE 16, 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
APPRO
VAL OF THE SECOND AMENDMENT TO THE MIDDLE SANTA
ANA RIVER WATERSHED TMDL TASK FORCE COOPERATIVE
AGREEMENT
RECOMMENDATION
1. That the City Council approve the Amendment No. 2 to the Agreement to Form the Middle Santa Ana River (MSAR) Watershed TMDL (Total Maximum Daily Loads) Task Force extending its term by four and one-half years and direct and authorize the City Manager to execute such an amendment on behalf of the City.
BACKGROUND
The City of Jurupa Valley is participating as a member agency in the “Middle Santa Ana River Watershed M SAR TMDL Task Force.” The Task Force was formed to develop solutions to improve the conditions of the Santa Ana River. This agreement brings together a wide group of participants who will collectively fund an annual budget not to exceed $230,939 to develop solutions to the water quality issues along the Santa Ana River. The MSAR Task Force participants include: San Bernardino County MS4 Program, County of Riverside, City of Riverside, City of Corona, City of Norco, City of Eastvale, City of Pomona, City of Claremont, U.C. Riverside, C hino Basin Watermaster/MPC, and Outside IEUA Boundary/Arlington. That number can be augmented annually by a majority vote of the Task Force members. The group effort is led by the Santa Ana Watershed Project Authority, a joint powers agency with the t echnical expertise to lead the Task Force towards a solution that will enhance the quality of water in the Santa Ana River.
The current agreement allows the City Council to extend the agreement for an additional term(s) in up to five-year increments which expires December 31, 2022.
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Page | 2
ANALYSIS
The MSAR TMDL includes an Implementation Plan with several tasks and corresponding implementation schedules. The purpose of this Agreement is to cooperatively complete these watershed- wide tasks and undertake all other plans, programs, and studies as authorized by the parties to the Agreement in order to comply with the TMDL. The Agreement establishes responsibilities and cost sharing criteria among the parties. The TMDL Task Force administrative costs to develop required plans and reports is shared equally amongst the cities.
Upon approval by the City Council Amendment No. 2 will extend the Agreement for four and one-half years with an expiration date of June 30, 2027 . Withdrawal from or non- participation in the Agreement will require the City of Jurupa Valley to separately comply with all requirements established for urban discharges into the MSAR TMDL.
OTHER INFORMATION
Previous Actions:
• City Council meeting of August 7, 2014: Approval of Agreement to form the Middle Santa Ana River Watershed TMDL Task Force.
• City Council meeting on September 6, 2018: Approval of Amendment No. 1 to the Middle Santa Ana River watershed TMDL Task Force Cooperative Agreement
FINANCIAL IMPACT
The estimated cost for this program is approximately $12,155 annually. There may be capital and maintenance costs in the future. Costs will be charged to Account 100.131.54142 Contract NPDES and there are sufficient funds budgeted for the FY 2022-
23. ALTERNATIVES
1. Do not approve the first Amendment to the Middle Santa Ana River Watershed TMDL Task Force Cooperative Agreement.
2. Provide alternate direction to staff.
**********************SIGNATURES ON FOLLOWING PAGE**********************
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STAFF REPORT
DATE: JUNE 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM 14.E
AUTHORIZE THE CITY MANAGER TO SIGN GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY WITHIN LOT 411 OF
TRACT NO. 31894
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the dedication of an easement to Southern California Edison on Lot 411 of Tract No. 31894 for the following purpose : to construct, use, maintain, operate alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time to underground conduits, cables, vaults, manho les, handholes, and including above -ground enclosures. Markers and concrete pads and other appurtenant fixtures and equipment necessary o r useful for distributing electrical energy and for transmitting intelligence, data and/or communications (e.g., through fiber optic cable), in, on, over, under, across and along that certain real portion of Lot 411 as shown on DED21-003.
2. Authorize the City Manager and City Clerk to sign the Easement of Dedication of DED21-003.
BACKGROUND
On December 3, 2020, the City Council approved Final Tract Map 31894 and accepted the offer of dedication in fee of Lot 411 for landscape purposes.
The developer has since constructed public improvements along and around Lot 411. In order to properly service the Shadow Rock development (TR31984), Southern California Edison needs to install facilities on Lot 411.
120
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Page | 2
ANALYSIS
The authorization and approval of the easement dedication will allow SCE to install , operate and maintain their facilities within the city owned lot. SCE facilities are shown on the developers’ improvement plans and will be included in the as build plans for the streets.
FISCAL IMPACT
SCE is responsible for the operation and maintenance cost of their facilities. The developer has paid for the process of this application. No impacts to the City’s general fund are foreseen.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
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120
S
TAFF REPORT
DATE: JUNE 16, 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
FI
SCAL YEAR 2021/2022 QUARTERLY INVESTMENT REPORTS
RECO
MMENDATION
R
eceive and file the Quarterly Investment Reports.
BACKGROUND
D
uring the annual City audits, it has been noted that the City’s quarterly reports have not been received and filed as per the City’s Investment Policy. City funds continue to be invested in the Local Agency Investment Fund, (LAIF). Quarterly reports include the LAIF quarterly Market Valuation.
ANAL
YSIS
To pr
ovide an overview of quarterly investment reports for investments held in LAIF with California State Treasurer, for 1st, 2nd and 3rd quarter of Fiscal Year 2021/2022.
S
taff will continue to provide City Council with Quarterly Investment Reports.
F
INANCIAL IMPACT
Ther
e is no financial impact. This item is for informational purposes only.
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120
STAFF REPORT
DATE: JUNE 16, 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.G
RESO
LUTION AUTHORIZING A REVISED CITY INVESTMENT POLICY
RECO
MMENDATION
1) That
the City Council adopt Resolution No. 2022-67, entitled:
A RESO
LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING A REVISED INVESTMENT
POLICY
BACKGROUND
O
n October 6, 2016, t he City Council adopted Resolution 2016- 59 that authorized the City officers or their successors in the Office of the City Manager and the Administrative Services Director to order the deposit or withdrawal of monies in the Local Agency Investment Fund.
ANALYSIS
D
uring the annual City audits it has been noted that the City’s Investment Policy has not been adopted on an annual basis as required by Section 53606 of the California Government Code, which limits the authorization of the legislative body to delegate investment authority to a one-year period.
Ad
ditionally, in order to best manage idle cash on hand the revised Investment Policy will diversify the City’s investment portfolio. State law requires that the City’s I nvestment Policy and any material changes in the policy be approved by Council annually. California Government Code Sections 53607 and 53608 authorize the legislative body of a local agency to invest, deposit, and provide for the safekeeping of the local agency’s funds or to delegate those responsibilities to the treasurer of the local agency.
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Page | 1
120
STAFF REPORT
DATE: JUNE 16, 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.H
AM
ENDMENT NO. 8 TO THE AGREEMENT FOR SERVICES
WITH SOFTSCAPES CORPORA TION FOR SPECIAL DISTRICT
LANDSCAPING SERVICES
RECO
MMENDATION
1) That
the City Council Approve the Eighth Amendment to the Agreement for Special District Landscaping Services between the City of Jurupa Valley and Softscapes Corporation and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
O
n June 7 2018, the City Council approved the agreement for Special District Landscaping Services between the City of Jurupa Valley and Softscapes Corporation (“Softscapes”). The agreement requires Softscapes to provide landscaping, irrigation management, and other maintenance services to various Community Facility Districts (“CFD’s”) and Lighting and Landscape Maintenance Districts (“LLMD’s”). CFD’s and LLMD’s are usually formed when new residential or commercial developments are finalized. These maintenance districts typically contain landscaping, lighting, and other beautification features that require regular maintenance. The primary funding source for these maintenance districts is from assessments levied on properties that are within the district.
As
new developments that include LLMD’s and CFD’s are finalized, the City is required to provide maintenance services to those districts. The initial term of the agreement was set to end on June 30, 2020, with the option for the City to extend the term via two, one- year extensions. On May 21, 2020, the City Council approved Amendment No. 4, which extended the term by one year to June 30, 2021. On May 20, 2021, the City Council approved Amendment No. 6, which extended the term a second time to June 30, 2022.
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Page | 2
ANALYSIS
Anticipating the current agreement’s expiration, staff published a Request for Proposals (“RFP”) for Special District Landscaping Services on April 18, 2022. The RFP was published on the City’s PlanetBids portal, a web based procurement bidding system. The solicitation closed on May 12, 2022 and the City received three proposals.
Staff is evaluating the proposals and anticipates recommending an award in July 2022.
The approval of proposed Amendment No. 8 will ensure there is no lapse in landscaping services by offering Softscapes a 60- day extension and terminating the agreement on August 30, 2022. Softscapes has agreed to the proposed extension under the same terms and conditions as the existing agreement.
OTHER INFORMATION
Previous Actions:
1) Initial Agreement was entered into on June 7, 2018 covering 12 L&LMD zones and 5 CFD areas for a total of $851,545.00
2) Amendment No. 1 was entered into on August 16, 2018 to add new areas and increase annual compensation to $1,163,521.
3) Amendment No. 2 was entered i nto on July 18, 2019 to add new areas and increase annual compensation to $1,273,477.
4) Amendment No. 3 was entered into on March 5, 2020 to add new areas and increase annual compensation to $1,290,109.
5) Amendment No. 4 was entered into on May 21, 2020, which extended the agreement term by one year to June 30, 2021.
6) Amendment No. 5 was entered into on November 5, 2020 to add new areas and increase annual compensation to $1,294,289.
7) Amendment No. 6 was entered into on May 20, 2021, which extended the agreement term by one year to June 30, 2022.
8) Amendment No. 7 was entered into on October 7, 2021 to add new areas and increase annual compensation to $1,312,637.
FINANCIAL IMPACT
The Eighth Amendment extends the existing agreement for 60 days. The maintenance of the CFD’s and LLMD’s is funded from assessments and levies within the districts, with the exception of the maintenance for the Etiwanda and Van Buren medians, which continue to be funded by the General Fund.
Page | 3
ALTERNATIVES
1) Do not approve the Amendment No. 8 to the Agreement for Special District Landscaping Services
2) Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE ***********************
-1-
EIGHTH AMENDMENT TO AGREEMENT FOR SPECIAL DISTRICT
LANDSCAPING SERVICES BETWEEN SOFTSCAPES CORPORATION
AND CITY OF JURUPA VALLEY
This Eighth Amendment is made and effective as of June 16, 2022 between the City of Jurupa Valley, a municipal corporation (“City”) and Softscapes Corporation, a California corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This Seventh Amendment is made with the respect to the following facts and purposes:
A. On June 7, 2018, the City and Contractor entered into that certain Agreement entitled “CITY OF JURUPA VALLEY AGREEMENT FOR SPECIAL DISTRICT LANDSCAPING SERVICES”.
B. On August 16, 2018, the City and Contractor entered into that certain First Amendment to the original agreement.
C. On July 18, 2019, the City and Contractor entered into that certain Second Amendment to the original agreement.
D. On March 5, 2020, the City and Contractor entered into that certain Third Amendment to the original agreement.
E. On May 21, 2020 the City and Contractor entered into that certain Fourth Amendment to the original agreement.
F. On November 5, 2020 the City and Contractor entered into that certain Fifth Amendment to the original agreement.
G. On May 20, 2021 the City and Contractor entered into that certain Sixth Amendment to the original agreement.
H. On October 7, 2021 the City and Contractor entered into the certain Seventh Amendment to the original agreement.
I. The original agreement as amended by the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Amendments shall be collectively referred to as the “Agreement.” J. The Parties now desire to amend 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 July 1, 2018, and shall remain and continue in effect until August 30, 2022, unless sooner terminated.”
3. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder -2-
4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
-3-
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
SOFTSCAPES CORPORATION
By: _______________________________
Name:
Title:
By:________________________________
Name:
Title:
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
CITY
CITY OF JURUPA VALLEY,
A California Municipal Corporation
_______________________________
Rod Butler,
City Manager
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM:
______________________________
Peter M. Thorson
City Attorney
Page | 1
chj120
STAFF REPORT
DATE: JUNE 16, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPENT DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.I
APPROVAL OF THIRD AMENDMENT TO AGREEMENT WITH
FIRSTCARBON SOLUTIONS CORPORATION FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
THE PROPOSED “RIO VISTA SPECIFIC PLAN” PROJECT, ( CASE
NUMBER: MA16045), (APPLICANT: RICHLAND COMMUNITIES)
RECO
MMENDATION
That the City Council authorize the City Manager to execute the Third Amendment to the Agreement with First Carbon Solutions (FCS) for the preparation of an Environmental Impact Report (EIR) for the proposed “Rio Vista Specific Plan” project in an amount not to exceed $96,191, to be funded entirely by the applicant’s advance deposit sufficient to cover the EIR and the City’s administrative costs.
BACKGROUND
On July 21, 2018, the City Council approved an agreement between the City and FirstCarbon Solutions for consultant services for the preparation of an E nvironmental Impact Report for the proposed Rio Vista Specific Plan, a project proposed by Richland Communities. The original Agreement amount for the scope of services was $163,911.
On April 4, 2019, the City Council approved a First Amendment to the Agreement for additional studies and additional tasks in the amount of $10,250.
On June 17, 2021 the City Council approved a Second Amendment to the Agreement for additional services required because Richland Communities submitted a fourth draft screen check Specific Plan that proposed to increase the number of residential units and add 3,289,000 square feet of business park and light industrial buildings to the plan. The additional cost for the services was $147,730.
Due to the size of the project and the many complexities involved in the preparation of the project EIR , FirstCarbon Solutions submitted a request for additional funds to complete the Draft Environmental Impact Report (DEIR). See Attachment 1 for t he
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Page | 2
proposed Third Amendment to the Agreement. It would allow for the following expanded tasks:
1. Peer Review: Cultural Resource Report, due to complexity of the site’s resources, required additional expert review.
2. Prepare Administrative Draft EIR: Upon analysis of the complex nature of the project, and greater level of data and studies that required analysis that is more comprehensive and a higher level of involvement of the overall FCS team.
3. Management and Coordination: The project requires a greater l evel of coordination and number of meetings than anticipated.
4. Peer Review: Hydrogeology Investigation related to the Palmer Oak is required to evaluate the project potential impacts to this historic tree.
5. Biological Review of On-Site Palmer Oak Memorandum: This is an additional peer review to evaluate the project potential impacts to the Palmer Oak.
6. Contingency: A 15% contingency is being added to ensure there is a sufficient budget to cover any changes needed during the preparation of the EIR.
The total budget for the services to be provided by FirstCarbon Solutions under the Third Amendment is $83,645 plus a 15% contingency of $12,546, for a total of $96, 191. The applicant has agreed to pay the additional funds for the third amendment. The total budget of the agreement with three amendments is $418,082.
Status of Project
The revised draft Specific Plan is p resently under City and interagency review. Some of the required technical studies for the project have been reviewed and deemed adequate; the remaining technical studies that are in process but not yet finalized include the traffic study, geotechnical study, hydrogeologic report and biological review of the Palmer Oak.
FCS is currently preparing the Administrative Draft EIR.
Subsequent steps concerning the City’s consideration of the project application include the following:
• Pending Interagency Review of Specific Plan
• Completion of the DEIR and 45-day public review period • Planning Commission study session (Introduce the D EIR and update on the project)
• Planning Commission and City Council Public Hearings
FINANCIAL IMPACT
The proposed Third Amendment will have no effect on City costs or revenues. Full cost recovery will occur inasmuch as the City will require that the applicant deposit the total contract value with the City prior to commencement of work. The applicant is aware of the proposed Third Amendment and has agreed to deposit the necessary funds to cover the additional work.
AMENDMENT NO. 3 TO
AGREEMENT FOR CONSULTANT SERVICES
This Amendment No. 3 (“Third Amendment”) to the May 23, 2016 Agreement for Consultant Services (“Agreement”) between the City of Jurupa Valley , a California municipal corporation (“City”) and FCS International, Inc ., dba FirstCarbon Solutions a California corporation (“Consultant”) is dated June 16, 2022, and is between City and Consultant.
RECITALS
A. On May 23, 2016, City and Consultant entered into the Agreement for Consultant’s preparation of an Environmental Impact Report for the proposed Rio Vista Specific Plan 2016 Project (Master Application No. 16045, or MA16045).
B. On April 4, 2019, City and Consultant amended the Agr eement to modify the scope of services and compensation amount (“First Amendment”).
C. On May 20, 2021, City and Consultant amended the Agreement, as amended by the First Amendment, to modify the scope of services and compensation amount (“Second Amendment”).
D. City and Consultant desire to amend the Agreement to modify scope of services and the compensation amount.
The parties therefore agree as follows:
Section 1. Section 2 of the Agreement is hereby amended to read as follows:
“2. Services
Consultant shall perform the services and tasks described and set forth on pages 1-15 of Consultant’s Proposal dated May 23, 2016, and attached hereto as Exhibit A; the services and tasks described and set forth on page 2 of Consultant’s Proposal dated January 11, 2019, and attached hereto as Exhibit A-1; the services and tasks described and set forth on pages 1-14 of Consultant’s Proposal dated July 16, 2021, and attached hereto as Exhibit A-2; and the services and tasks described and set forth on pages 1-4 of Consultant’s Proposal dated May 27, 2022, and attached hereto as Exhibit A -3, each exhibit incorporated herein as though set forth in full. Consultant shall complete Tasks 1- 14 according to the schedule of performance set forth on pages 1-14 of Exhibit A and on page 2 of Exhibit A-1, Tasks 1-8, 10, and 13 according to the schedule of performance set forth on pages 12 -13 of Exhibit A -2, and Tasks 1-5 according to the schedule of performance set forth on pages 2-5 of Exhibit A-3.”
Section 2. Paragraph A of Section 4 of the Agreement is hereby amended to read as follows:
“A. 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 on pages 33- 36 of Exhibit A, page 3 of Exhibit A-1, pages 13-15 of Exhibit A-2, and page 5 of Exhibit A-3 based upon actual time spent on the above tasks. This amount shall not exceed Four Hundred Five Thousand Five Hundred Thirty-Six Dollars ($ 405,536), plus a fifteen percent contingency based off the amount of the Third Amendment ( Twelve Thousand Five Hundred Forty-Six Dollars ($12,546.00) for a total not to exceed amount of Four Hundred Eighteen Thousand Eighty-Two Dollars ($ 418,082) for the total term of this Agreement, unless additional payment is approved as provided in this Agreement.” Section 3. Exhibit A-3 is hereby added to the Agreement to read as Exhibit A-3 of this Third Amendment.
Section 4. The person or persons executing this Third Amendment on behalf of Consultant warrants and represents that he or she has the authority to execute this Second Amendment on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
Section 5. Except as expressly modified or supplemented by thi s Third Amendment, all other provisions of the Agreement, the First Amendment, and the Second Amendment shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Third Amendment and the provisions of the Agreement , the First Amendment, or the Second Amendment, the provisions of this Third Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
The parties are signing this Third Amendment on the date stated in the introductory clause.
ATTEST:
By:
Victoria Wasko, CMC, City Clerk
CITY OF JURUPA VALLEY
By:
Rod Butler, City Manager
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
FIRSTCARBON SOLUTIONS
CORPORATION
By:
Jason Brandman, Vice President
By:
Patrick Schultz, Chief Operating
Officer
(Signatures of two corporate officers
or corporate authority resolution
required, unless corporate
documents authorize only one person
to sign this Agreement on behalf of
the corporation)
EXHIBIT A-3
SCOPE OF SERVICES
(Attached)
Exhibit A
Exhibit A-1
Exhibit A-2
Exhibit A-3
UNITED STATES
T +1 888 826 5814
T +1 714 508 4100
F +1 714 508 4110
E info@fcs‐intl.com
Irvine
250 Commerce
Suite 250
Irvine, CA 92602
Bay Area
1350 Treat Boulevard
Suite 380
Walnut Creek, CA 94597
Central Valley
7726 N. First Street
#413
Fresno, CA 93720
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967 Kendall Drive
#A‐537
San Bernardino, CA 92407
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2351 Sunset Boulevard
Suite 170‐301
Rocklin, CA 95765
Utah
2901 Bluegrass Boulevard
Suite 200‐62
Lehi, UT 84043
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2 Corporate Drive
Suite 450
Shelton, CT 06484
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10 Monument Street
Deposit, NY 13754
56 Broome Corporate Parkway
Conklin, NY 13748
CANADA
UNITED KINGDOM
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FRANCE
KENYA
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PHILIPPINES
CHINA
MALAYSIA
SINGAPORE
Cover Letter
May 27, 2022
Jim Pechous
Principal Planner
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Subject: Requested Amendment No. 3 for Rio Vista Specific Plan EIR, Jurupa Valley, California
Dear Mr . Pechous:
FirstCarbon Solutions (FCS) is submitting the enclosed Amendment Request in an effort to replenish funds for completing the preparation of the Draft Environmental Impact Report (EIR) for the Rio Vista Specific Plan Project.
The attached Scope of Work includes fees for the following tasks:
Peer Review: Cultural Resources
Prepare Administrative Draft EIR
Management and Coordination (including meeting time)
Peer Review: Hydrogeologic Investigation
Biological Review of On‐site Palmer's Oak Memorandum
Please do not hesitate to reach out to me with any questions or to discuss this request in more detail with me. I can be reached at any time at 714.815.8124 or via email at glajoie@fcs‐intl.com.
Sincerely,
Glenn Lajoie, AICP , Director
First Carbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
1 Proposal
SCOPE OF WORK ITEMS REQUIRING FUNDING
Task 1: Peer Review: Cultural Resources
FCS standard practice would normally require staff to pause in order to reach agreement on an augment for the Administrative Draft. However, in the interest of meeting expectations to deliver the document, we proceeded with the competition of tasks, in order to meet the project schedule. This also resulted in senior staff’s involvement (at higher rates) and the need for Dr . Dana DePietro to step in to assist with analysis and to assist with approach to the review. Activities required for completion of this task include:
Senior staff involvement in document review that took extra time due to the large scale of the project and numerous sensitive sites present on‐site.
Participation in multiple coordination calls with the City to discuss potential paths. Additional review of the applicant‐provided Cultural Resources Assessment.
The originally‐scoped task is complete, and the final work product has been delivered to the City on October 10, 2021 (Peer Review memorandum) and January 13, 2022 (confirmation that comments were addressed). However, in light of recent conversation with City staff (on 3/29/2022), a third peer review
was conducted in order to provide input regarding the proposed language of the mitigation measures.
Task 2: Prepare Administrative Draft EIR
Due to the large scale and complexity of the project, FCS encountered several areas that required additional effort:
Due to the growing and complex nature of the project, a more robust thinking was required in order to develop the approach to the Draft EIR. Senior‐level staff, including FCS Legal Counsel, were involved to support the development of the methodology and appropriate analysis for this project.
In order to reach a more comprehensive analysis and defensibility of findings, a higher level of involvement of the overall team, including subject‐matter experts, was required in developing the analytical approach to conducing the analysis for this project. The spirit of the analysis has a programmatic perspective, but at the same time, the document has evolved into a higher level of detail for analysis in order to support and confirm the conclusions for level of significance of impacts.
FCS had to incorporate a greater amount of data into the Draft EIR than what was anticipated. For example, the Biological Resources Assessment includes a significantly large amount of information and detail regarding vegetation communities and habitats, State and federal jurisdictional features, special‐status and non‐special status plant and wildlife species, wildlife corridors, and the
2 Proposal
Western Riverside County Multi‐Species Habitat Conservation Plan (MSHCP). FCS incorporated this vast amount of data into the appropriate Draft EIR section and completed the analysis that considered these multiple components.
Certain topical areas have grown in complexity. Several project‐specific issue required additional coordination and research effort for resolution, such as soil suitability for septic system and the adequacy of Public Services ability to serve the project.
Based on the points listed above, and the overall comprehensiveness of this programmatic EIR, greater costs have been incurred and are expected to continue, resulting in the need for budget augmentation at this time.
Task 3: Project Management and Coordination
FCS is firmly committed to developing and maintaining close working relationships with the City of Jurupa Valley. Emphasis on communication, as well as involvement of FCS Directors in all projects, results in performance that satisfies project objectives, government requirements, and project needs.
Communication is key to a successful project. FCS continues to place top priority on working as a partner with the City, and other Project Tea m members, as necessary, during the environmental processing of the proposed project. We will help anticipate controversial issues, devise solutions, and provide expert environmental compliance consultation. Understanding the City’s objectives and ensuring they are reflected in the environmental review and analyses are key aspects of our approach. It should be noted that the level of management, coordination and meetings greatly exceeds what was anticipated, and therefore the funds originally allocated to this task have been depleted. This augment is needed to cover incurred costs that no longer have funds and to replenish the budget to cover ongoing costs expected for this task.
This Scope of Work assumes regular interaction with the City, and other Project Team members, as necessary, and requires frequent information sharing among Project Team members. Jason Brandman, Vice President, Glenn Lajoie, Environmental Services Director, and Yael Marcus, Project Manager, as the Management Team for this endeavor, will undertake this task and continue to work closely with City staff to ensure delivery of highest‐quality work product.
Some of the activities required for ongoing execution of this task include:
The original scope did not account for bi‐weekly calls (only for regular interaction consisting of emails and general coordination). Since the re‐start of the project in September 2021, FCS Project Management team (Project Directors and Project Manager) has participated in 16 bi‐weekly project meetings. Each meeting lasted between 30 minutes and one hour . Additional calls, some involving high‐level technical staff, with City staff to discuss the proposed technical college, Biological Resources, approach to Cultural and Tribal Resources, and approach to Human Risk Analysis (HRA). Each meeting lasted between 30 minutes and one hour .
3 Proposal
FCS anticipates additional bi‐weekly project calls through at least the completion and publication of the Draft EIR.
Task 4: Peer Review: Hydrogeologic Report
As a subconsultant to FCS, Ninyo & Moore will conduct a peer review of the following report provided by the project applicant:
Hydrogeologic Investigation at Rio Vista Project Site, City of Jurupa Valley, California, Technica l Memorandum 11192021, prepared by Stetson Engineering, Inc. on January 18, 2022.
This task includes FCS coordinating with Ninyo & Moore and two rounds of peer review.
Deliverables
Electronic version (via email or Dropbox) of the Peer Review Memorandum in PDF format. Electronic version (via email or Dropbox) of the final Peer Review Memorandum in PDF format.
Task 5: Biological Review of On‐site Palmer’s Oak Memorandum FCS Senior Biologist, Dr . Michael Tuma, will conduct a biological review of the Palmer’s oak (Quercus palmeri) occurrence on the project site to assess the ecological requirements of the clone, including an identification of any specific or unique habitat features or ecological processes that have allowed it to persist at this site for more than 13,000 years. The review will include an evaluation of existing literature, a site visit, and preparation of a memorandum detailing the results of the review and summarizing an understanding of the ecological requirements of the Palmer’s oak clone on the project site.
The following documents will be reviewed:
Revised Updated Biological Resources Assessment, Jurisdictional Delineation, MSHCP Narrow Endemic Plant, Burrowing Owl Breeding Season, and Two‐Year Delhi Sands Flower‐Loving Fly Focused Surveys, Rio Vista, Specific Plan 16001, Jurupa Valley, Riverside County, California, prepared by L&L Environmental, Inc. in December 2016 and most recently revised it in January 2022 (BRA).
Hydrogeologic Investigation at Rio Vista Project Site, City of Jurupa Valley, California, Technica l Memorandum 11192021, prepared by Stetson Engineers, Inc. on January 18, 2022. Rio Vista Specific Plan Land Use Plan (Conceptual Land Use Plan), prepared by T&B Planning on August 5, 2021.
Additional relevant and readily available information, including peer‐reviewed, published articles and gray literature pertaining to Palmer’s oak, geology and soils reports, precipitation records, etc.
4 Proposal
Dr . Tuma will conduct a site visit to observe and assess the Palmer’s oak clone and surrounding ecological conditions. The location of the oak will be determined and accessed using coordinates provided in Appendix D of the BRA.
Following the literature review and site visit, Dr . Tuma will prepare a draft technical memorandum summarizing the findings of the biological review. The memorandum will include the following information:
Background review of species information such as physical characteristics, biogeography and distribution, reproduction and survival, ecological requirements, and threats. Assessment of site ecology, including soils, hydrology, topography, aspect, vegetation, and threats. Assessment of the distribution, health, reproductive status, and potential threats to the on‐site Palmer’s oak clone.
Recommendations for maintaining the health and ecological requirements of the clone, including an assessment of the proposed 200‐foot buffer discussed in the Administrative Draft EIR as Mitigation Measure (MM) BIO‐5.
This task will include a call (up to one hour) with City planning staff to summarize findings and recommendations presented in the Draft Memorandum, and to answer questions. Following the call, a Final Memorandum will be prepared to provide any clarification needed.
Deliverables
Electronic version (via email or Dropbox) of the Draft Biological Review of On‐site Palmer’s Oak Memorandum in PDF format.
Electronic version (via email or Dropbox) of the Final Biological Review of On‐site Palmer’s Oak Memorandum in PDF format.
BUDGET
FCS has prepared the following budget identifying the costs of each task.
Task Fee
Task 1: Peer Review: Cultural Resources $6,940
Task 2: Prepare Administrative Draft EIR $43,800
Task 3: Project Management and Coordination $17,450
Task 4: Peer Review: Hydrogeologic Report $3,530
Task 5: Biological Review of On‐site Palmer's Oak Memorandum $11,925 Total Cost $83,645
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120
S
TAFF REPORT
DATE: JUNE 16, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.J
I
NITIATION OF A CODE AMENDMENT TO THE CITY’S MUNICIPAL
CODE TO UPDATE THE “DETACHED ACCESSORY BUILDING S”
SECTION AND TO ADD SETBACK REQUIREMENTS TO CERTAIN
ZONES THAT ARE MISSING MINIMUM SETBACK PROVISIONS
RECOMMENDATION
That the City Council initiate a code amendment to the Municipal Code to amend the development standards that apply to detached accessory buildings and amend development standards in certain zones to include minimum setbacks requirements.
BACKGROUND
Upon incorporation in 2011, the City adopted the Riverside County municipal code which included standards for residential detached accessory buildings. Many of the standards in Section 9.240.170 Detached Accessory Buildings are unclear, difficult to interpret, and outdated. In addition, there are several Zones in the City, including but not necessarily limited to Rural -Residential and Residential -Agricultural zones, that do not have any building setback development standards. A code amendment is proposed to c larify development standards for residential detached accessory buildings and establish setback standards for zones where none exist.
The following considerations apply to the initiation process, which only enables the code amendment process to begin:
1. Initiation of a code amendment does not entail an evaluation of the merits of the proposed project, but only whether or not to proceed with a formal evaluation process and public hearings.
2. The Council may express its opinions as to whether the City should proceed with the formal evaluation process, but should reserve its views regarding the merits of
RETURN TO AGENDA
P
age | 1
S
TAFF REPORT
DAT
E: JUNE 16, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.K
AP
PROVAL OF AGREEMENT BETWEEN CARSON-VA INDUSTRIAL II,
LP. AND THE CITY OF JURUPA VALLEY FOR MAINTENANCE OF CITY
PARKWAYS FOR THE HALL INDUSTRIAL PROJECT LOCATED AT THE
NORTHWEST CORNER OF HALL AVENUE AND AGUA MANSA ROAD
INTERSECTION
RECOMMENDATION
1. That the City Council approve the agreement between Carson-VA Industrial II, LP. and the City of Jurupa Valley for maintenance of parkways; and
2. Authorize the City Manager to execute the agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
Carson- VA Industrial II, LP is the owner of the project known as Hall Industrial and property located at the northwest corner of Hall Avenue and Agua Mansa Road intersection. The owner was granted a Site Development Permit ( SDP18048) for the development of two industrial buildings and entered into a Development Agreement (DA18001) with the City.
As part of the development approval, the owner is required to improve the City parkway area in front of their property along Hall Avenue and along Agua Mansa Road and enter into an agreement for the maintenance of the landscape and irrigation improvements. The owner is also responsible for the costs associated with such improvements.
RETURN TO AGENDA
Page | 2
ANALYSIS
In compliance with the conditions of approval, the owner has submitted to the City landscape improvement plans for the review and approval of the City Engineer and is now processing the maintenance agreement to fulfill their responsibilities.
The owner is separately and concurrently processing the annexation of his property (territory) into JV L&LMD Volume 1 as Zone DD. The annexation would provide the City a means to assess the property a special tax to be used for the maintenance and operation, as well as any equipment installation required to meet public works’ standards, of the landscape improvements required for this project. The agreement outlines the owner’s responsibilities and the City’s expectations for the maintenance of the public improvements, and a dormancy clause for Zone DD . Zone DD would be approved but shall not be levied in any year, unless and until the City identifies that the improvements have not been maintained by the owner per the agreement.
The Owner is responsible for the improvement of the parkways pursuant to this Agreement and the conditions of approval of the Land Use Entitlements. The Owner will be responsible for maintenance of the landscaping, the irrigation system, and any related costs.
OTHER INFORMATION
The City Attorney has approved the Agreement as to form.
Previous Actions:
• On April 7, 2022 the City initiated proceedings for the annexation of Zone DD into Jurupa Valley L&LMD 89-1-C.
• The public hearing for the annexation of Zone DD is scheduled for June 16, 2022.
FINANCIAL IMPACT
There is no impact to the General Fund with approval of this agreement.
ALTERNATIVES
1. Do not approve Agreement as recommended.
2. Provide alternate direction to staff.
**********************SIGNATURES ON FOLLOWING PAGE**********************
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley CA 92509
Attn: City Clerk
Space Above This Line for Recorder’s Use
(Exempt from Recording Fees per Gov’t Code § 6103)
AGREEMENT FOR CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF LANDSCAPING ON CITY PARKWAYS
THIS AGREEMENT is made is made and effective as of June 14, 2022, between the City of Jurupa Valley (“City”) and Carson-VA Industrial II, LP (“Owner”), collectively the parties. in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. Recitals. This Agreement is entered into for the following purposes and based on the following facts that the parties hereto agree to be true and correct:
A. Owner is the Owner and developer of that property that is described and depicted on Exhibit “A,” attached hereto and incorporated herein by this reference as though set forth in full, and generally located at 1136 and 1176 Hall Avenue, Jurupa Valley, California and more specifically described on Exhibit “A,” attached hereto and incorporated herein as though set forth in full (“Property”).
B. Certain parkways belonging to the City within its rights of way are located contiguous to or within the Property and are depicted on Exhibit “B,” attached hereto and incorporated herein by this reference as though set forth in full (“Parkways”).
C. Owner has received the land use entitlements for the Property (“Land Use Entitlements”):
1) GPA18001: Establish “Agua Mansa Warehouse and Distribution Center Overlay” onto the project site.
2) CZ20004: Change zoning classification from M-SC (Manufacturing- Service Commercial) to M-M (Manufacturing-Medium).
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3) DA18001: Development Agreement for the project site. 4) SDP18048: The construction of two (2) speculative industrial buildings totaling 335,002 square feet.
5) VAR18005: Variance of 10-feet for a portion of Building A from the required Agua Mansa Specific Plan 35-foot height limit.
D. Owner desires to improve and maintain such Parkways as a method of enhancing the value of the property and as a means of complying with the conditions of approval that are part of the Land Use Entitlements.
E. With the approval of the Owner, and concurrently with the approval of this Agreement, the City Council adopted Resolution No. 2022-62, annexing the Property to the City of Jurupa Valley’s Landscaping and Lighting District No. 89-1-C as Zone DD and established the maximum assessments as described therein (“LLMD”).
F. The Owner and the CITY desire to establish an agreement respecting the permanent installation and maintenance of landscaping on such Parkways and providing for the funding of certain improvements to the Parkways through the LLMD in the event the Developer fails to maintain the Parkways.
2. Duties of the Owner. Owner shall improve the Parkways by landscaping the Parkways and maintain the Parkways pursuant to this Agreement and the conditions of approval of the Land Use Entitlements.
A. Owner shall submit to the City Engineer a plan showing the proposed landscaping, irrigation systems and other parkway improvement and the maintenance plan for these improvements that shall comply with the requirements of the Land Use Entitlements, Riverside County Ordinance No. 461, as adopted by the City, and City of Jurupa Valley’s Standard Right of Way Landscaping Requirements, as they now exist or may hereafter be enacted or amended, except as otherwise approved by the City Engineer, which requirements are incorporated herein by this reference (the “Landscape Plan”). 1) The City Engineer has conditionally approved that portion of the Landscape Plan that includes the construction and installation of the landscaping and other parkway improvements (“Landscaping Work”) as being in compliance with these standards subject to certain changes approved by the City Engineer and completion of certain changes to the Landscaping Work.
2) The City Engineer has conditionally approved the proposed irrigation system described in the Landscaping Plan by allowing the Developer to connect the irrigation system to water meters serving the building on the Property but requiring that a new water meter serving the irrigation system only, separate from the building on the Property, be installed in the event the City takes over the maintenance of the Parkways pursuant to this Agreement (“Irrigation Work”) subject to certain changes approved by the City Engineer and completion of certain changes to the Irrigation Work.
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3) The specific work to connect the irrigation system to a new water meter serving the irrigation system only, separate from the water meters serving the building on the Property, should the City takeover the maintenance of the Parkways, shall be specifically described in the final Landscape Plan approved by the City Engineer (“Irrigation Water Meter Work”).
B. Owner shall construct and install the proposed landscaping, irrigation systems and other parkway improvements in accordance with the approved Landscape Plan (“Landscape Work”) other than the Irrigation Water Meter Work.
C. During construction and installation and following the completion of the Landscape Work, Owner shall maintain the Parkways in a clean, neat and attractive condition and shall replace any damaged or dead vegetation in compliance with the Landscape Plan (“Maintenance Work”).
D. Owner shall comply with all federal, State and local laws and ordinances with respect the work necessary to complete the Landscape Work and Maintenance Work. Owner shall obtain all required grading, building and other permits from City and other applicable public agencies for the Landscape Work, Irrigation Work, and Maintenance Work.
3. Deferral of LLMD Assessment for Parkway Maintenance
A. The LLMD assessment for the Property, as approved by Resolution No. 2022- ___, will have three components: 1) a maintenance component that will pay for the City’s maintenance of the Parkways in accordance with the Landscape Plan (“Maintenance Component”) should the City take over construction or maintenance of the Parkways pursuant to this Agreement; 2) a capital component that will provide for the cost to the City for design, furnishing, constructing, and installing the Irrigation Water Meter Work and uncompleted Landscaping Work pursuant to the approved Landscape Plan should the City take over construction or maintenance of the Parkways pursuant to this Agreement (“Capital Component”); 3) and an administrative fee component should the City take over construction or maintenance of the Parkways pursuant to this Agreement (“Administrative Component”).
B. Maintenance Component.
1) Owner and City agree that so long as the Owner completes the Landscape Work and maintains the Parkways in accordance with the approved Landscape Plan, the City will not levy the Maintenance Component, Capital Component or Administrative Component of the LLMD Assessment.
2) In the event the Director of Public Works determines that the Owner’s construction or maintenance of the Parkways fails to comply with the approved Landscape Plan or the maintenance requirements of the Landscape Plan or this Agreement, the Director shall send to the Owner a Notice of Deficiency. Owner shall correct all of the deficiencies described in the Notice within twenty (20) days of the date of the Notice unless the Director of Public Works agrees in writing to extend the time for compliance.
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3) In the event the Director of Public Works has issued two or more Notices of Deficiency, and one or more have not been fully corrected, or the Director finds that the quality of the Owner’s on-going maintenance of the Parkways has failed to meet the requirements of the Landscape Plan or the maintenance requirements of the Landscape Plan, the Director may terminate the Owner’s construction and maintenance obligations for the Parkways and transfer the construction and maintenance obligation for the Parkways to the City by issuing to the Owner a Notice of City’s Election to Assume Maintenance of Parkways and Levy the LLMD Assessment.
4) The LLMD Assessment shall then be levied as soon as practicable following the Notice in accordance with the LLMD and applicable law and the City shall assume the maintenance obligation for the Parkways as of that date and construct the Irrigation Water Meter Work.
C. Capital Component.
1) Owner and City agree that so long as the Owner constructs and maintains the Parkways in accordance with the Landscape Plan, the City will not levy the Capital Component of the LLMD Assessment.
2) In the event the City takes over the maintenance of the Parkways as provided in Section 3.C of this Agreement, the City may levy the Capital Component of the LLMD assessment as soon as practicable following issuance of the Notice in accordance with the LLMD and applicable law and such levy shall continue until such time as the assessments collected are equal to the actual costs of designing, installing and constructing the Landscaping Work and the Irrigation Water Meter Work incurred by the City.
D. Administrative Component. During the time that the LLMD assessment is levied, City shall also levy the Administrative Component.
4. Prevailing Wages.
A. Developer, to the extent required by law, and City, at such time as it takes over construction or maintenance of the Landscaping Work or the Irrigation Water Meter Work, shall pay prevailing wages for the construction and maintenance work. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk’s office of Jurupa Valley. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Owner and all contractors and subcontractors performing Landscaping Work and Maintenance Work on the Parkways shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less Draft: 6-6-22
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than the stipulated prevailing rates for any Landscape Work or Maintenance Work done under this Agreement, by Owner or by any contractor of subcontractor under Owners, in violation of the provisions of this Agreement.
B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Owner and all contractors and subcontractors performing Landscape Work and Maintenance Work, must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Owner and all contractors and subcontractors performing Landscape Work and Maintenance Work, will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.
5. Indemnification
A. Owner agrees to defend, indemnify and save harmless the City, its elected officials, employees and authorized agents, officers, representative and employees, from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property, including reasonable attorney fees, happening or occurring as a proximate result of any Landscape Work and Maintenance Work undertaken pursuant to this Agreement, including any allegation that the Landscape Work and Maintenance Work caused, or contributed to causing, death or injury to person or property.
B. Owner shall notify the City within three (3) business days of any claim regarding personal injury or property damage on the Parkway.
6. Insurance. Owner and all contractors and subcontractors performing Landscape Work and Maintenance Work (“Contractor” for the purposes of this section) shall procure and maintain for the duration of this Agreement 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 Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
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1) General Liability: two million dollars ($2,000,000) 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.
2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
3) Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. 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.
D. 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, employees and authorized agents, officers, representative and employees, are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected officials, employees and authorized agents, officers, representative and employees.
2) For any claims related to this Agreement, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected officials, employees and authorized agents, officers, representative and employees. Any insurance or self-insured maintained by the City, elected officials, employees and authorized agents, officers, representative and employees shall be excess of the Contractor’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 City, its elected officials, employees and authorized agents, officers, representative and employees. 4) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
E. 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.
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F. Verification of Coverage. Contractor 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 Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
G. Contractor, by executing this Agreement, hereby certifies:
“I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman’s Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.” H. City Manager may increase the insurance coverage every three (3) years from the date of this Agreement in such an amount as necessary to maintain reasonable and customary coverages for such insurance upon thirty (30) days prior written notice to the Owner.
7. Performance and Labor and Material Bonds. Within ten (10) business days from the City Council’s approve of this agreement, Owner shall provide the City with: (1) a Performance Bond to assure faithful performance of the Landscape Work and Maintenance Work pursuant to this Agreement in the amount of the landscaping improvement pursuant to the Landscaping Plan as determined by the Director of Public Works; (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the Landscape Work required to be constructed or installed or maintained pursuant to this Agreement in the additional amount of the Landscaping Work as determined by the Director of Public Works; and (3) a Warranty Bond to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the additional amount of ten percent (10%) of the amount of the landscaping improvement pursuant to the Landscaping Plan as determined by the Director of Public Works. The bonds shall be in substantially the form of the City’s standard subdivision improvement surety bonds and approved by the City Attorney.
The surety shall be a surety admitted in the State of California and approved by the City. Upon completion of the construction and installation of the Landscape Work pursuant to this Agreement only an annual labor and materials bond shall be required in the amount of the estimated annual Maintenance Work as determined by the Director of Public Works.
8. Relocation. Within a reasonable period of time, as specified in writing by City Engineer, Owner shall remove and restore the Landscaping, at its own expense, following written notification by City that such relocation is necessary to make way for a proper governmental use or disposition of the Parkway, including but not limited to, change in grade, widening of roadway, median construction, utility construction, and similar changes in the right of way. Owner covenants that it shall cooperate with the City for the purpose of accommodating such construction.
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9. General.
A. Amendments. Any amendments to this Agreement shall be made only by the written approval of both of the parties hereto.
B. California Law. It is the intention of the parties that the laws of the State of California govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties.
C. Covenants Binding on Successors in Interest. Each and all of the covenants, terms, provisions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.
These covenants, conditions, and restrictions shall run with the Property and shall be binding upon, and inure to the benefit of, the City, Parkway and adjacent and nearby City properties, and all portions thereof, and any interest therein, and shall be binding upon, and inure to the benefit of, all parties having or acquiring any right, title or interest in the Parkway or any portion thereof, and are imposed upon the Property and every part thereof as equitable servitudes in favor of each and every portion thereof.
D. Subordination. Lender Consent and Subordination Agreement. This Agreement shall not be effective and shall not be recorded until such time as all persons with an interest in the Property, or holding a deed of trust or lien in the Property or a portion of the Property, have duly executed a Consent and Subordination in substantially the form attached hereto as Exhibit C and reasonably acceptable to the City Attorney. The originals of any such Consent and Subordination shall be attached hereto as Exhibit D and recorded with this Agreement.
E. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right on the part of a third Party nor does it create any private right of action for any third Party nor permit any third Party to bring an action to enforce any of its terms.
F. Good Faith and Further Acts. In exercising their respective rights and performing their respective obligations, the Parties agree to exercise good faith and fair dealing toward one another so that the purposes of this Agreement can be achieved. The Parties will take such additional steps and sign such additional documents as may be reasonably necessary to achieve the purposes of this Agreement.
G. Time of The Essence. Time is of the essence in this Agreement.
H. Authority. The persons signing below warrant and represent that they have the requisite authority to bind the entities on whose behalf they are signing.
I. Integrated Agreement. This agreement constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and there are no agreements, undertakings, restrictions, or warranties among the parties other than those set forth herein and herein provided for.
J. No Agency or Joint Venture. The terms and provisions of this Agreement shall not cause the parties hereto or any of each parties’ agents, consultants, contractors or other providers Draft: 6-6-22
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of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement.
K. Time of Essence. Time is expressly made of the es sence of each and every provision of this Agreement.
L. Remedies. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at or in equity.
M. Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any action arising directly or indirectly under this Agreement shall be in the Superior Court of Riverside County, California.
N. Owner and Contractor’s Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Agreement or to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
O. Contractor’s Affidavit. After the completion of the work contemplated by this Contract, Owner and its contractor shall file with the City Manager his affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors on the work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
P. Books And Records. Owner and its contractors books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
Q. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. Owner and its contractors agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
R. Inspection. The work required by this Agreement shall be subject to inspection and testing by City and its authorized representatives during the installation and construction of the work required by this Agreement. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.
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S. Discrimination. Owner represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
T. Written Notice. 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:
To City: City of Jurupa Valley
8930 Limonite Ave.
Jurupa Valley, California
Attention: City Manager
To Owner: Carson – VA Industrial II, LP
100 Bayview Circle, Suite 3500
Newport Beach, CA 92660
Attention: Sean Green
U. Assignment. The Owner shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
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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
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OWNER
Carson-VA Industrial II, LP
By: ______________________________
Name: Daniel Darnell
Title: Vice President
By:_______________________________
Name: Todd Burnight
Title: Senior Vice President
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State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
Draft: 6-6-22
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12774-0108\2644072v4.doc
State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
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EXHIBIT A
DESCRIPTION OF PROPERTY
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EXHIBIT B
DESCRIPTION AND DEPICTION OF PARKWAYS
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EXHIBIT C
LENDER’S CONSENT AND SUBORDINATION TO AGREEMENT FOR
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF
LANDSCAPING ON CITY PARKWAYS
1. ___________________________________________________
(“Lender”) holds a security interest in a portion of the Property described in the attached “AGREEMENT FOR CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF LANDSCAPING ON CITY PARKWAYS (“Agreement”) between the City of Jurupa Valley (“City”) and Carson-VA Industrial II, LP (“Owner”), dated as of _______________, 2022.
2. Lender acknowledges that the Agreement is an integral part of the Owner’s land use entitlements for the Property and provides significant benefits to the Owner and to the Property.
3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Agreement, its recordation and further agrees that Lender’s interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Agreement.
4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Agreement at the following address:
____________________________________
____________________________________
____________________________________
5. The individuals who have signed this document on behalf of Lender have the legal power, right, and authority approve this Consent and bind the Lender.
IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of _____________, 2022.
[Name of Lender]:
_____________________________
Name:
Title:
_______________________________
Name:
Title:
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State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
Draft: 6-6-22
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12774-0108\2644072v4.doc
State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
Draft: 6-6-22
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EXHIBIT D
FULLY EXECUTED LENDER’S CONSENT AND SUBORDINATION TO
AGREEMENT FOR CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF LANDSCAPING ON CITY PARKWAYS
Page | 1
STAFF REPORT
DATE: JUNE 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR
SUBJECT: AGENDA ITEM NO. 16.A
PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION;
DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS
2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH)
GENERALLY LOCATED ALONG AVALON STREET, CANAL
STREET, CANAL STREET EXTENSION, AND 30TH STREET,
TR37893
RECOMMENDATION:
1) That the City Council open the public hearing and take testimony, if any. 2) Following the public hearing, staff recommends that the City Council adopt Resolution No. 2022-59, entitled:
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -001 (PUBLIC SAFETY, EMERALD
RIDGE SOUTH), TO ESTABLISH AN APPROPRIATIONS LIMIT
THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,
AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2022-60, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
RETURN TO AGENDA
Page | 2
FACILITIES DISTRICT NO. PS 2022 -001 (PUBLIC SAFETY, EMERALD
RIDGE SOUTH) PROPOSITIONS REGARDING THE ESTABLISHMENT OF
AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND
4) That the City Council adopt Resolution No. 2022-61, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council waive full reading, read by title only and introduce Ordinance No. 2022-09, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH) AUTHORIZING THE LEVY
OF A SPECIAL TAX THEREIN
BACKGROUND
On May 5, 2022 the City Council took the first step in the process of forming CFD No.
PS 2022 - 001 Public Safety, Emerald Ridge South ( “CFD No. PS 2022 -001”), composed of Tract No. 37640. At that time the City Council approved a Resolution of Intention, Resolution No. 2022- 37, to form CFD No. PS 2022-001 and to authorize the levy of a special tax. At that meeting the City Council set June 16, 2022 as the date for the public hearing.
The State legislature enacted the Mello- Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, Century Communities, LLC, requested that the City assist the m in forming a district for the City to mitigate public safety impacts created by the new developments within the Emerald Ridge South Specific Plan area.
The CFD will set up a special tax to generally cover costs associated with providing law enforcement protection services, including but not limited to:
• The costs of contracting services.
• Equipment, vehicles, supplies.
• The salaries and benefits of City staff that directly provide police protection services and other services as defined herein, respectively. • City overhead costs associated with providing such services within the District. • Services related thereto, including collection and accumulation of funds to Page | 3
pay for anticipated operating cost shortfalls.
ANALYSIS
The proposed CFD will have a Maximum Special Tax for base year (FY2023-2024) of:
TAX A
SFR (D/U) $220.00
MFR (D/U) $180.00
Approved Property $100.00
These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
OTHER INFORMATION
• City Council initiated proceedings for the formation on May 5, 2022. (Resolution No. 2022-37).
FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes. The City will file the annual special tax with the County Auditor-Controller. The property owners have posted a deposit with their application to form CFD No. PS 2022- 001, in order to cover City costs incurred in connection with the formation. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD No. PS 2022-001. The City’s cost to administer CFD No.
PS 2022-001 annually will be reimbursed through the special taxes charged to property owners.
The revenue from this special tax wi ll be deposited into a fund for CFD No. PS 2022- 001 and will be used to pay for the Services as listed above and presented in the RMA.
Both the revenue and expenses will be part of the City’s FY 2023-2024 Adopted Budget, and there is no anticipated impact to the general fund.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
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RESOLUTION NO. 2022-59
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001 (PUBLIC
SAFETY, EMERALD RIDGE SOUTH ), TO ESTA BLISH AN
APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE LEVY
OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY
OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF
WHEREAS, on May 5, 2022, the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South ) and to authorize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South) ” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South) (the “ CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the Califor nia Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD , Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the ‘”Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the S ervices, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intent ion set June 16 , 2022 at 7:00 p.m. , or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council , at the conclusion of said hearing, is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and M ethod have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or -2-
property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the Special T ax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CF D formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines S ection 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “t he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)
WHEREAS, the CFD is intended to fund the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses, which constitute administrative and maintenance functions of the City. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environmen t because the funds would not be used to construct new or expand existing facilities.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certa inty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals Correct. The foregoing recitals are true and correct.
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establi shment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
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3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special T ax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South)” of the City is hereby established pursuant to the Act.
6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on June, 2022, in Book xx at Page xx as Instrument No. xxx of Maps of Assessment and Community Facilities Districts.
7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non -exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
10. Responsible Official. The Director of Administrative Services of the City of Jurupa Valley, located at City Hall, 8930 Limonite Ave, Jurupa Valley, CA 92509 , telephone number (951) 332-6464, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in -4-
force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.
12. Description of Voting Procedures. The voting proc edures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the b allots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.
b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preced ing the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special T ax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, b allots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities , the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, inc luding a sample ballot -5-
identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
(v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner an d shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposi tion, and further certifying as to the acreage of the landowner's land ownership within the CFD.
(vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the lando wner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended there to properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the vot es cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
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13. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.
15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.
16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the e nvironment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.
17. Effective Date. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th day of June, 2022.
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______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-8-
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. 2022-59 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 16th 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 16th day of June, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001
(PUBLIC SAFETY, EMERALD RIDGE SOUTH)
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
Special Tax Services for cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v) all other serv ices necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
B-1
EXHIBIT B
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001
(PUBLIC SAFETY, EMERALD RIDGE SOUTH)
RATE AND METHOD OF APPORTIONMENT
[please see attached]
B-2
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001 (PUBLIC SAFETY,
EMERALD RIDGE SOUTH) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023 -2024, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by t he City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
B-3
“Assessor’s Parcel Number” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2023.
“Boundary Map” means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.
“CFD” means Community Facilities District No. PS 2022 -001 (Public Safety, Emerald Ridge South) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Consumer Price Index” means the Consumer Price Index published by the U.S. Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino-Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area.
“Council” means the City Council of the City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D /U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of an Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civ il Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
B-4
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum Special Tax” means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non-residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property” means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
“Public Property” means all Parcels which, as of April 1 st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rig hts-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family Property” means all Parcels of Residential Property, other than Multifamily Residential Property.
“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Requirement” means for each Fiscal Year, that amount requ ired to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserve fund established in connection with the CFD, (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies B-5
in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.
“Special Tax Services” means the cost associated with providing law enforcement services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement se rvices, (iv) City overhead costs associated with providing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2023-2024, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Resid ential Property shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2023-2024
Lan
d Use Class Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling Unit $ 220.00
B-6
2 Multifamily Residential Property
Dwellin
g Unit $ 180.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Max imum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Parcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.2. (a) below, in any Fiscal Year for each Parcel classified as Approved Property shall be determined by reference to Table 2 below.
TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2023-2024
Land
Use Class Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
3 Approved Property Lot $ 100.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2024, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
B-7
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023 -2024 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equals the Special Tax Requirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property.
Notwithstanding the forgoing sentence, no Speci al Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels becomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified as Taxable Property, and will continue to be subject to Special Taxes accordingly.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same proc edure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
B-8
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City. -1-
RESOLUTION NO. 2022-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022 -001 (PUBLIC SAFETY, EMERALD
RIDGE SOUTH) PROPOSITIONS REGARDING THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A
SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT
WHEREAS, on June 16, 2022, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South) (the “District”); and
WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Fo rmation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022 -001 (Public Safety, Emerald Ridge South), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Speci al Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and
WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitte d to the qualified electors of the District as required by the Act; and
WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote i n the territory of the District; and
WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner within the District, pursuant to which the each landowner has expressly waived certain requirements related to the conduct of the election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct. -2-
SECTION 2. Call of Election. The City Council hereby calls and schedules a special election for June 16, 2022, to consider the proposition described in Section 3 below.
SECTION 3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.
b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.
c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “C” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Faciliti es District No. PS 2022 -001 (Public Safety, Emerald Ridge South), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?”
-3-
SECTION 4. Electors Determined. The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.
SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
SECTION 6. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent.
SECTION 7. Concurrence of City Clerk. The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.
-4-
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th day of June, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-5-
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. 2022-60 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 16th 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 16th day of June, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
-1-
RESOLUTION NO. 2022-61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DECLARING THE RESULTS OF A SPECIAL ELECTION IN
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO.
PS 2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH) AND
DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comm encing with Section 53311, of the California Government Code (the “ Act”), the City Cou ncil adopted Resolution No. 2022-60 on June 16, 2022, entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and S ubmitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South) Propositions Regarding the Establishment of an Appropriations Limit and the An nual Levy of a Special Tax within the Community Facilities D istrict” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on June 16, 2022, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canv ass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it;
NOW, THEREFORE, THE CITY CO UNCIL OF THE CITY OF JURUPA VALLEY HEREBY RESOLVES AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A . Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in it capacity as legislative body of the District, is hereby authorized to levy on the land within the Distri ct the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
-2-
5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th 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 cert ify that the foregoing Resolution No. 2022-61 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 16th 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 16th day of June, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001
(PUBLIC SAFETY, EMERALD RIDGE SOUTH)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVAS OF THE ELECTION RETURNS
I, ___________________, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South), and that the election was held in the Chambers of the City Council at 8930 Limonite Avenue, Jurupa Valley, CA on June 16, 2022.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Community Facilities District No. PS 2022-001
(Public Safety, Emerald Ridge South) Special
Tax Election, June 16, 2022
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND thi s 16th day of June 2022.
By: __________________________
Victoria Wasko, CMC
City Clerk of the City of Jurupa Valley
B-1
EXHIBIT B
Ballot Measure:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “C” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No.
PS 2022-001 (Public Safety, Emerald Ridge South), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 202 2-001 (Public Safety, Emerald Ridge South), to pay for law enforcement protection services, costs of contracting services, equipment, vehicles, supplies, salaries and benefits, overhead costs, collection and accumulation of funds, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, and shall the appropriations limit be established, all as set forth in Exhibit “A” and Exhibit “B” to the Resolution of Formation?”
V
JUNE 2022
CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR
CITY OF JURUPA VALLEY
COMMUNITY FACILITIES
DISTRICT NO. PS 2022-001
CFD NO. 2022-001
PUBLIC SAFETY, EMERALD RIDGE SOUTH
Prepared By:
HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742
www.hrgreen.com
1 Table of Contents
INTRODUCTION ..................................................................................................................... 2 DESCRIPTION OF SERVICES ..................................................................................................... 3 GENERAL DESCRIPTION ................................ ................................ ................................ ..................3 INCIDENTALS ................................ ................................ ................................ ................................ .3 COST ESTIMATE ..................................................................................................................... 4 INCIDENTAL EXPENSES ................................ ................................ ................................ ...................4 RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX .................................................. 5 PROPOSED BOUNDARIES ....................................................................................................... 6 E. EXEMPTIONS .............................................................................................................. 8 F. MANNER OF COLLECTION....................................................................................... 8 G. APPEALS ..................................................................................................................... 9 H. TERM OF THE SPECIAL TAX ................................................................................... 9
Appendix A
RATES AND METHOD OF APPORTION MENT OF SPECIAL TAXES FOR CFD NO. 2021- 002 (PUBLIC SAFETY, EMERALD RIDGE SOUTH)
Appendix B
BOUNDARY MAP FOR CFD NO. 2021-002 (PUBLIC SAFETY, EMERALD RIDGE SOUTH)
2 COMMUNITY FACILITIES DISTRICT REPORT
FOR
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022-001 (EMERALD RIDGE SOUTH)
INTRODUCTION
WHEREAS, the City Council of the CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (“City Council”), did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, be ing Chapter 2.5 of Division 2 of title 5 of the California Government Cod e (“Act”) on May 5 , 2022 , adopt Resolution No. 2022-37 (“Resolution”) ordering the preparation and filing of a written Report for a proposed Community Facilities District (“Repo rt”). This Community Facilities District shall be referred to as COMMUNITY F ACILITIES DISTRICT NO. PS 2022 -001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH) CITY OF JURUPA VALLEY (CFD) and (C FD NO. PS 2022 -001, PUBLIC SAFETY, EMERALD RIDGE SOUTH); and,
WHEREAS, The Resolution ordering said Report, did direct that the Report generally contain the following:
• A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
• An estimate of the costs of providing such services, i ncluding the incidental expenses, to be incurred in connection with the CFD;
NOW, THEREFORE, the undersigned, the responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following Report.
A Community Facilities District may provide for financing of certain public services, which are necessary to meet increased demands placed upon local agencies as a result of dev elopment or rehabilitation occurring with the CFD.
The following Report contains the description of CFD NO. PS 2022-001 boundaries, description of services, and the financial analysis for CFD NO. PS 2022-001.
Based upon the data analyzed, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the CITY OF JURUPA VALLEY, as a result of development occurring within the boundaries of the CFD.
Steve Loriso, R.C.E. 64701
3 DESCRIPTION OF SERVICES
GENERAL DESCRIPTION
A general description of the proposed services, pursuant to the terms stated in Exhibit “A” of the Resolution, is as follows:
The cost associated with providing law enforcement services, including but not limited to (i) The costs of contracting services,
(ii) Equipment, vehicles, supplies,
(iii) The salaries and benefits of City staff that directly provide law enforcement services,
(iv) City overhead costs associated with providing such services within the District, (v) All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls, and (vi) Incidental Expenses.
INCIDENTALS
All other services necessary or useful for, or in connection with, the authorized services li sted above, including, but not limited to, building a reserve fund fo r replacement. Refer to Appendix A, Rate and Method of Apportionment, for details.
The services listed herein are representative of the types of services authorized to be financed by Community Facilities District NO. PS 2022 -001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standard s of CITY OF JURUPA VALLEY . Addition, deletion or modification of descriptions of the services may be made consistent with the requirements of the City Council of the CITY OF JURUPA VALLEY , the Community Facilities District NO. PS 2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH), and the Act.
4 COST ESTIMATE
According to the City, the funds r equired to fun d the impacts of the development (within the District bo undaries) on law enforcement services is more or les s equival ent to the amounts shown in the table below:
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
The development known as EMERALD RIDGE SOUTH approved as TTM37 640, which outlines the boundaries of this CFD, is anticipated to provide 96 single family residential units and 118 townhomes at buildout. The anticipated assessment at buildout at current cond itions is $47,080.
INCIDENTAL EXPENSES
Pursuant to Section 53340 of the Ac t, the proceeds of any special tax levied and collected by CFD NO. PS 2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH ) may be used only to pay for the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, t he annual cos ts associated with determination of the amount of special taxes, collection of special taxes, payment of sp ecial taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. This amount shall be increased based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
The cost of the Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, paym ent of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.
The following incidental expenses are examples of those that may be incurred in the formation of the District: engineering services, publishing, mailing and posting of notices, governmental notification and filing costs, election costs, and charges and f ees of the City other than those waived.
The following incidental expenses are examples of those that may be incurred in each annual Special Tax levy: necessary consultant costs, costs o f posting and collecting the special taxes, and administrative costs o f the City related to each annual Special Tax levy.
5 RATES AND METHOD OF APPORTIONMENT OF SPECIAL
TAX
The Rate and Method of A pportionment of the special tax is attached hereto as Appe ndix A (the “Rate and Method of Apportionment”). The special tax will be collected in the same manner and at the same time as ad valorem property ta xes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner if necessary for CFD NO. PS 2022 -001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH ) to meet its financial obligations as permitted by the Act.
All of the property located within CFD NO. PS 2022 -001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH), unless exempt by law or by the special tax proposed for CFD NO. PS 2022 - 001 (PUBLIC SAFETY, EMERALD RI DGE SOUTH ), shall be taxed fo r the purpose of providing n ecessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any proper ty.” The special t ax may be based on benefit received by property, the cost of maintaining facilities or authorized services available or other reasonable basis as determined by the Council, although the special t ax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
The special tax for the CFD was established generally relying on building square foo tage, net taxable acreage, land use type, types of services, square footage of services areas, groundcover, shrubs, and trees, and plant material expected to be included within the CFD, and estimated costs to maintain which were p rovided by the developer(s ) of the EMERALD RIDGE SOUTH development (TR37893). Data used for estimates o n this report were not independ ently verified by the report preparer, HR Green Pacific. HR Green Pacific disclaims responsibility for the impact of inaccurate data, if any, provided by the developer on the exhibits and plans and on the Rate and Method of Apportionment for CFD NO. PS 2022-001 (PUBLIC SAFETY, EMERALD RIDGE SOUTH).
It is my opinion that the special tax rate and method of apportionment, as above set forth, is fair and reasonable.
May 5, 2022.
Steve Loriso, R.C.E. 64701
6 PROPOSED BOUNDARIES
The proposed boundaries of CFD PS 2021-002 (PUBLIC SAFETY, EMERALD RIDGE SOUTH) are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed District boundaries as of Fiscal Year 2023-2024 include the following assessors parcel number(s):
179-060-004
179-060-006
179-060-007
178-191-001
178-191-002
178-191-004
178-191-015
A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with the City Clerk of the CITY OF JURUPA VALLEY and was recorded with Riverside County Recorder’s Office.
APPENDIX A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES FOR
CFD NO. PS 2022-001 (PUBLIC SAFETY, EMERALD RIDGE
SOUTH)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT No. PS 2022-001 (PUBLIC SAFETY,
EMERALD RIDGE SOUTH) OF THE CITY OF JURUPA VALLEY, COUNTY OF
RIVERSIDE
STATE OF CALIFORNIA
A Special Tax (all capitalize d terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South ).
The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023 -2024, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set for th in Section s B., C. , and D., be low. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicabl e Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses ” means all actual o r reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall al so include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.
“Administrator” means an offici al of th e City, or d esignee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which
the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel Map ” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number ” means the number assigned to a lot o r Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2023.
“Boundary Map” means a recorded map of the CFD which indicates by a boundar y line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Buildin g Permit" shall not in clude any subsequent Building Permits issued or changed after the first issuance.
“CFD” means Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South) of the City of Jurupa Valley.
“City” means the City of Jurupa Valley, California.
“Consumer Price Inde x” means the Con sumer Price Index published by the U.S.
Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fisca l Year. In the event this ind ex ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index f or the Riverside-San Bernardino -Ontario Area.
“Council” means the City Council of th e City acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: ( i) that are included in a Final M ap that was recorded pri or to Januar y 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Exempt Property” means any Parcel w hich is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of a n Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq .) or recordation of a con dominium plan pursuant t o California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.
“Incidental Expenses ” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in o rder to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.
“Land Use Class” means any of the classes listed in Table 1 of Section C. below.
“Maximum S pecial Tax ” means for each P arcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year
“Multifamily Residential Property ” means all Parcels of D eveloped Pro perty that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property ” means all Parcels of Develop ed Property for which a Building Permit was issued, permitting the construction of one or more non -residential structures.
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s P arcel Map with an assigned Assess or’s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offe red for dedication to a property owner association, inclu ding any mas ter or sub -association, prior to April 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Ta x is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.
“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the Co unty, City or any other public ag ency, provided, however, that any pr operty leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilizat ion for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family P roperty” means all Parcels o f Residential Property, other than Multifamily Residential Property.
“Special Tax (es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.
“Special Tax Req uirement” means for each Fisca l Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserv e fund established in connection with the CFD, (iii) pay Admin istrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Specia l Tax levy as determined by the Administrator.
“Special Tax Services” means t he cost associat ed with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the sala ries and benefits of City staf f that directly pr ovide law enforcement services, ( iv) City over head costs associated with provid ing such services within the District, (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for a nticipated operating cost shortfa lls, and (vi ) Incidental Expenses.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map w hich are not exempt from the Special Tax pursuant to Section E., below.
“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.
“Undeveloped Property ” means all Parcels of Taxable P roperty not classi fied as Developed Prop erty, Ap proved Property, Public P roperty or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2023 -2024, all Parcels of Taxable Property shall be c lassified as eithe r Developed Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.
TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2024, based on the percen tage incre ase in th e Consumer Price Index w ith a maximum annual increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances, a Parcel of D eveloped Property may co ntain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land
Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site p lan approved for such P arcel. The Administrator’s allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each P arcel classified as Approved Property shall be determined by reference to Table 2 below.
TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2023-2024
Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
3 Approved Property Lot $ 100.00
(a) Increase in the Maximum Special Tax
On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 24, based on the percentage inc rease in the Consumer Price Index w ith a maximum annua l increase of six percent (6%) and a minimum annual increase of two percent ( 2%) of the Maximum Special Tax in effect in the previous Fiscal Year.
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equal s the Special Tax Requir ement in ac cordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property a t up to 100% of the applicable Ma ximum Special Tax as needed to satisfy the Special Tax Requirement; and
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levi ed Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Proper ty. Notwit hstanding the forgo ing sentence, no Special Tax shall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on Public Property an d Property Owner’s Association Property within the CFD . Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels b ecomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt wi ll continue to be classified a s Taxable Property, and will continue to be subject to Special Taxes accordingly.
F. MANNER OF COLLECTION
The Special Tax shall be collecte d in the same manner and at the same time as ordinary ad valorem property taxes and shall be su bject to the same p enalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different mann er if neces sary to meet the fi nancial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a wr itten appeal of the Special Ta x on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency o f an appeal, all Special Taxes must be paid on or before the payment due date establ ished when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Administrator deems necessary, and advise the appellant of i ts determination. If the Admi nistrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Spe cial Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrat or shall in terpret this Rate a nd Method of Apportionment and make determinations relative to the annual levy and administration of the Spec ial Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levi ed annually in perpetuity unle ss terminated earlier by the City.
APPENDIX B
BOUNDARY MAP
CFD NO. PS 2022-001 (PUBLIC SAFETY, EMERALD RIDGE
SOUTH)
-1-
ORDINANCE NO 2022-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022-001 (PUBLIC SAFETY, EMERALD
RIDGE SOUTH ) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
RECITALS:
WHEREAS, the City Council of the City of Jurupa Valley (the “City Council”), has previously adopted Resolution No. 2022-37 entitled “A Resolution of Intention of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South ) and to Autho rize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South )” (the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intention set June 16 , 202 2, at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing , evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public heari ng, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special -2-
Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors thereof” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Call ing Election”) which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and WHEREAS, on June 16, 2022, the City Council adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-001 (Public Safety, Emerald Ridge South ) and Directing the Recording of a Notice of Special Tax Lien ” (the “Resolution Declaring Results of Election”) which certified the results of the June 16, 2022 election conducted by the City Clerk, which results showed that more than two -thirds of the votes cast in the CFD were in favor of the proposition to levy the Special T ax and the proposition to establish an appropriations limit for the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each yea r, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
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4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax.
Reference is hereby made to the Rate and Method for a description o f other properties or entities that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same pr ocedure, sale and lien in any case of delinquency as applicable for ad valorem property taxe s; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special T ax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
PASSED, APPROVED , AND ADOPTED by the City Council of the City of Jurupa Valley on this 7th day of July, 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 certify that the foregoing Ordinance No. 2022-09 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 16th day of June, 2022, and thereafter at a regular meeting held on the 7th day of July, 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 7th day of July, 2022. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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120
STAFF REPORT
DATE: J UNE 16, 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. 16.B
PUBL
IC HEARING REGARDING THE ANNEXATION OF TERRITORY
(ZONE DD) TO THE CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED (“CITY OF JURUPA VALLEY L&L MD 89 -1-C”), AND PUBLIC HEARING
REGARDING THE ANNEXATION OF TERRITORY (ZONE 2-G) TO THE
CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD 89-1-C”), NORTHWEST CORNER OF AGUA MANSA ROAD AND HALL AVENUE (CONTINUED FROM THE JUNE 2, 2022 MEETING)
RECOMMENDATION
1) That
the City Council adopt Resolution No. 2022-62, entitled:
A RESO
LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY ORDERING THE ANNEXATION OF TERRITORY (ZONE DD ) ; LOCATED AT
THE NORTHWEST CORNER OF AGUA MANSA ROAD AND HALL AVENUE TO
CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED, CONFIRMING A DIAGRAM AND
ASSESSMENT, ORDERING THE IMPROVEMENTS AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED
BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
2) That
the City Council adopt Resolution No. 2022-63, entitled:
A RESO
LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY ORDERING THE ANNEXATION OF TERRITORY (ZONE 2 -G ); LOCATED AT
THE NORTHWEST CORNER OF AGUA MANSA ROAD AND HALL AVENUE TO
CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
RETURN TO AGENDA
Page | 2
DISTRICT NO. 89 -1-CONSOLIDATED, CONFIRMI NG A DIAGRAM AND
ASSESSMENT, ORDERING THE IMPROVEMENTS AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH T ERRITORY FOR FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED
BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
BACKGROUND
The Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code (the “Act”) and Article XIII D of the C alifornia Constitution (“Proposition 218”), requires the City Council to conduct proceedings to annex territory into an assessment district formed under the Act and to levy assessments within such territory.
In connection with the City’s incorporation in 2011, the Local Agency Formation Commission of Riverside County (LAFCO) adopted its Resolution No. 12- 10 on July 22, 2010, to establish the Terms and Conditions of Incorporation, which require that the authority and responsibility for special assessment districts within the incorporated City associated with any County Landscape Maintenance District be transferred to the City upon its incorporation.
By its Resolution No. 2011- 26, adopted on July 1, 2011, the City Council assumed all authority and responsibility for the special assessment districts within the incorporated City associated with any County Landscape Maintenance District and specifically assumed responsibility for any and all special assessments levied in connection with such districts.
The County’s Landscape and Lighting Maintenance District No. 89- 1-Consolidated (the “County District”), established pursuant to the provisions of the Act includes various territories located both within the incorporated boundaries of the City (the “City Territory”) and outside the incorporated boundaries of the City (the “County Territory”). Pursuant to its Resolution No. 2016-01 adopted on February 4, 2016, the City declared that the City Territory is a district under the 1972 Act, which is separate and di stinct from the County Territory, and designated such territory as the “Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated.”
At its April 7, 2022 meeting, the City Council adopted Resolution s No. 2022-26 and No. 2022-29 initiating proceedings for the annexation of territor ies to the Jurupa Valley Landscape and Lighting Maintenance District No. 89- 1-Consolidated (the “District”) as Zone DD and Zone 2-G, and the levy and collection of assessments within such territories.
Zone DD and Zone 2- G currently include 23.44 assessable acres within the parcels identified as the territory proposed to be annexed, which includes two (2) parcels identified as APNs 175 -210-062, 175- 210-063, 175- 210-032, and 175- 210-034; Hall Industrial project site is generally located at the northwest corner of Hall Avenue and Agua Mansa Road.
Page | 3
At the April 7, 2022 Council meeting, the City Co uncil adopted Resolution No. 2022 -28 and Resolution No. 2022-31 declaring its intention to annex territory to the District and to levy and collect assessments within such territory for fiscal year 2023-2024. Resolution No. 2022-28 set June 2, 2022 (or as soon thereafter) as the public hearing date for protests to the levy of annual assessments and the annexation for Zone DD. Resolution No. 2022- 31 set June 2 , 2022 (or as soon thereafter) as the public hearing date for protests to the levy of annual assessments and the annexation for Zone 2-G.
Subsequent to the April 7, 2022 meeting and in accordance with the Act and Proposition 218, notice was mailed to the owners of the properties within the territory to be annexed, along with an assessment ballot for such owners to indicate support for, or opposition to, the proposed annexation. The notice indicated the amount of the proposed assessment for their respective parcels and the date, time and place of the public hearing.
ANALYSIS
It is proposed to include the additional parcels within the boundaries of the District and to levy assessments within such territory for fiscal year 2023-2024. Such territory is shown on a map on file in the office of the City Clerk and is open to public inspection.
At the public hearing, the City Council must hear and consider all oral and written statements, protests, objections or other communications made or filed with respect to the annexation of territory to the District and the levy and collection of annual assessments within such territory.
The assessment ballots must be tabulated at the public hearing. A majority protest exists if ballots submitted in opposition to the assessment and annexation exceed the ballots submitted in favor of the assessment and annexation. In tabulating the ballots, the ballots shall be weighted according to the proportional f inancial obligation of the affected property. In the absence of a majority protest, the City Council may adopt a resolution ordering the annexation and levy and collection of assessments within the territory.
As required by the project approval, t he owner is processing a maintenance agreement with the City that includes a dormancy clause for Zone DD, the landscape and irrigation of public right -of-way. Zone DD would be approved but shall not be levied in any year, unless and until the City identifies that the improvements have not been maintained by the owner per the aforementioned agreement.
The property is being annexed into the City’s L&LMD 89-1-C Volume 2 as Zone 2- G for the operation and maintenance of streetlights and the levy of annual tax shall commence starting FY23-24.
Page | 4
OTHER INFORMATION
• City Council initiated proceedings for the annexation on April 7, 2022. • The public hearing was continued from June 2, 2022 to June 16, 2022. • On June 16, 2022, staff is presenting a dormancy agreement for Zone DD that has been reviewed and approved to form by the City Attorney.
FINANCIAL IMPACT
The property owners are responsible for the annual payments of the special assessment.
The City will file the special assessment with the County Auditor-Controller for collection via the annual property tax bills . The property owners have posted a deposit with their application to form Zone DD and Zone 2- G, in order to cover City costs incurred in connection with the annexation. Approval of this resolution does not in any way commit the City to any financial contribution or liability for Zone DD and Zone 2-G. The City’s cost to administer Zone DD annually will be reimbursed through the special assessment charged to propert y owners . The fiscal year 2023 -2024 (base year) maximum assessment for Zone DD is $396,010; to be equally divided by the number of assessable acres within the zone boundary. The fiscal year 2023- 2024 (base year) maximum assessment for Zone 2-G is $935.49; to be equally divided by the number of assessable acres within the zone boundary. The maximum assessments are subject to escalation beginning in FY 2024-2025 to account for reasonable increase cost for maintenance and inflation.
The City’s cost to administer Zone DD (as/when required) and Zone 2-G 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 provided in Zone DD and Zone 2- G. Both the revenue and expenses wi ll be part of the City’s FY 2023 -2024 Adopted Budget, and there is no anticipated impact to the General Fund.
ALTERNATIVES
1. Take no action.
2. Provide staff with further direction.
************************** SIGNATURES ON FOLLOWING PAGE **************************
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RESOLUTION NO. 2022-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ORDERING THE ANNEXATION OF
TERRITORY (ZONE DD): LOCATED AT THE NORTH WEST CORNER
OF AGUA MANA ROAD AND HALL AVENUE TO CITY OF JURUPA
VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.
89-1-CONSOLIDATED, CONFIRMING A DIAGRAM AND ASSESSMENT,
ORDERING THE IMPROVEMENTS AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR
FISCAL YEAR 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. 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 DD, 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. Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Engineer's Report, the annexation of territory to the District, and the levy and collection of the proposed assessment within such territory for fiscal year 2023-2024. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral and written statements, protests and communications made or filed by interested persons and tabulated all ballots. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution. All protests and objections to the annexation of territory to the District and the levy and collection of the proposed assessment against lots or parcels of property within the annexed territory for fiscal year 2023-2024 are hereby overruled by the City Council.
Section 3. The City Council hereby orders the annexation of territory, which is described as Assessor Parcel Number s (APN) 175 -210-062, 175 -210-063, 175 -210-032, and 175 -210- 034, located at the northwest corner of Agua Mana Road and Hall Avenue to the District. The District will continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.
Section 4. Based upon its review of the Engineer's Report and other reports and information, the City Council hereby finds and determines that (i) the land within the annexed -2-
territory will be benefited by the improvements as described in such Engineer 's Report, (ii) the annexed territory includes all of the lands so benefited , (iii) the net amount to be assessed upon the lands within the annexed territory for the 2023 -2024 fiscal year, in accordance with the Engineer's Report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcel s in proportion to the estimated benefits to be received by each such lot or parcel from the improvements; and (iv) only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
Section 5. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: : The installation and planting of trees within the public right-of-way parkway landscaped area, as identified on the a pproved 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.
Section 6. Lots or parcels of land within the annexed territory that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.
Section 7. The City Council hereby confirms the diagram and assessment, with respect to the annexed parcels, as originally proposed in the Engineer's Report.
Section 8. The assessment is in compliance with the provisions of the Act and Article XIIID of the California Constitution.
Section 9. The assessment is levied without regard to property valuation.
Section 10. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 5 above for the fiscal year commencing on July 1, 2023 and ending on June 30, 2024.
Section 11. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
Section 12. The improvements shall be performed pursuant to law.
Section 13. The County Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such -3-
assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Administrative Services Director.
Section 14. The Administrative Director shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as "City of Jurupa Valley L&LMD 89-I -C Zone DD ," and such moneys shall be expended only for the improvements described in Section 5 above.
Section 15. The City Clerk is hereby authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment, with the County Auditor, together with a certified copy of this Resolution upon its adoption.
Section 16. A certified copy of the diagram and assessment shall be filed in the office of the City Engineer, with a duplicate copy on file in the office of the City Clerk and open for public inspection.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th 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. 2022-62 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 16th 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 16th day of June, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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RESOLUTION NO. 2022-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITORY (ZONE 2 -G): LOCATED
AT NORTHWEST CORNER OF AGUA MANSA ROAD AND
HALL AVENUE TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT
NO. 89 -1-CONSOLIDATED, CONFIRMING A DIAGRAM
AND ASSESSMENT, ORDERING THE IMPROVEMENTS
AND THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN SUCH TERRITORY FOR FISCAL YEAR 2023-2024
PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND
HIGHWAYS C ODE 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. 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 2- G, 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. Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Engineer's Report, the annexation of territory to the District, and the levy and collection of the proposed assessment within such territory for fiscal year 2023-2024. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral and written statements, protests and communications made or filed by interested persons and tabulated all ballots. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution. All protests and objections to the annexation of territory to the District and the levy and collection of the proposed assessment against lots or parcels of property within the annexed territory for fiscal year 2023-2024 are hereby overruled by the City Council.
Section 3 The City Council hereby orders the annexation of territory, which is described as Assessor Parcel Number s (APN) 175-210-062, 175 -210-063, 175 -210-032, and 175 -210- 034, located at the northwest corner of Agua Mana Road and Hall Avenue to the District. The District will continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89-1- Consolidated.
-2-
Section 4. Based upon its review of the Engineer's Report and other reports and information, the City Council hereby finds and determines that (i) the land within the annexed territory will be benefited by the improvements as described in such Engineer 's Report, (ii) the annexed territory includes all of the lands so benefited , (iii) the net amount to be assessed upon the lands within the annexed territory for the 2023 -2024 fiscal year, in accordance with the Engineer's Report, is ap portioned by a formula and method which fairly distributes the net amount among all assessable lots or parcel s in proportion to the estimated benefits to be received by each such lot or parcel from the improvements; and (iv) only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
Section 5. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: : The installation and planting of 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 a ppurtenant 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.
Section 6. Lots or parcels of land within the annexed territory that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.
Section 7. The City Council hereby confirms the diagram and assessment, with respect to the annexed parcels, as originally proposed in the Engineer's Report.
Section 8. The assessment is in compliance with the provisions of the Act and Article XIIID of the California Constitution.
Section 9. The assessment is levied without regard to property valuation.
Section 10. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 5 above for the fiscal year commencing on July 1, 2023 and ending on June 30, 2024.
Section 11. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
Section 12. The improvements shall be performed pursuant to law. -3-
Section 13. The County Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Administrative Services Director.
Section 14. The Administrative Director shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as "City of Jurupa Valley L&LMD 89-I -C Zone 2 -G," and such moneys shall be expended only for the improvements described in Section 5 above.
Section 15. The City Clerk is hereby authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment, with the County Auditor, together with a certified copy of this Resolution upon its adoption.
Section 16. A certified copy of the diagram and assessment shall be filed in the office of the City Engineer, with a duplicate copy on file in the office of the City Clerk and open for public inspection
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th 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. 2022-63 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 16th 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 16th 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 APRIL 2022
CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR
CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT
NO. 89-1-CONSOLIDATED
ZONE DD
HALL INDUSTRIAL
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 DD ........... 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 HALL INDUSTRIAL 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 DD
TO: CITY OF JURUPA VALLEY CITY COUNCIL
Pursuant to the direction from th e 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 Land scaping 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 HALL INDUSTRIAL to City of Jurupa Valley L&LMD No. 89 -1-C as ZONE DD 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 DD
HALL INDUSTRIAL
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 benef ited 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 provi sions 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 to each parcel by the Riverside County Assessor. Reference is made t o 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 DD that are owned by a fe deral, state or other loc al governmental agency that will benefit from the services to be provided by the assessments to be collected.
April 7, 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 7th day of April, 2022 the City Council, City of Jurupa Valley, State of California, ordering the preparation of the Report p roviding for t he annexation of a portion of HALL INDUSTRIAL development to L&LMD No. 89 -1-C as ZONE DD did, pursuant to the provisions of the 1972 Act, being Division 15 of the Streets and Highways Code of the State of California, adopt Resolution No. 2022-XX for a s pecial assessment district zone known and designated as:
ZONE DD
HALL INDUSTRIAL
The annexation of ZONE DD includes the parcels of land within the development known as HALL INDUSTRIAL. As of the date of this report, the zone contains two assessable parc els; also identified by the Assessor Parcel Number(s) 175-210-062, 175-210-063, 175-210-032, and 175- 210-034. 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 whi ch subdivisions of land or parcels or lots, respectively, have been assigned a parcel/lot number within a specific tract an d indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein.
The following report presents the e ngineering analysis for the annexation of ZONE DD and the establishment of the Maximum Assessment to be levied and collecte d commencing Fiscal Year 2022-2023 and all subsequent fiscal years.
DEFINITIONS
Agency – Means the local government, City of Jurupa Valley.
Capital cost – Means the cost of acquisition, installation, construction, reconstruction, or replacement of a per manent 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.
2022-27
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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 rea l property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
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PART I – BOUNDARIES OF THE DISTRICT
LOCATION OF THE ASSESSMENT ZONE
ZONE DD shall consist of a benefit zone encompassing the properties within the development known as HALL INDUSTRIAL . The proposed improvements described in this Report are ba sed on current development and improvement plans provided as of the date of this Report.
ZONE DD is generally located on the south side of Market Street, west of Hall Avenue and north of 24 th Street, in the City of Jurupa Valley, in the County of Riversi de, State of California. At the time of this assessment, th e assessment zone consists of 2 assessable parcels identified by the Riverside County Assessor and zero non-assessable parcels. ZONE DD consists of all lots/units, parcels, and subdivisions of land located in the following development area:
HALL INDUSTRIAL– Assessor Parcel Numbers as of date of this Report: 175-210-062, 175-210- 063, 175-210-032, and 175-210-034.
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PART II – PLANS AND SPECIFICATIONS FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE DD
The services to be funded by City of Jurupa Valley L&LMD No. 89 -1-C ZONE DD include the landscape maintenance within development designated as HALL INDUSTRIAL . The p roposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on:
a. Level of Service
b. Improvement Types
c. Proximity to Improvement
d. Levels of Special Benefit from Zone (on Public versus Private) The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The 1972 Ac t further provides that as sessments 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 DD. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lig hting improvements within the existing district as well as provide for annual maintenance of those improvements and the assessment revenues generated by the Zone will be used solely for such purpose.
LANDSCAPING IMPROVEMENTS
The assessment will provide for landscaping servicing and maintenance on public right-of-way along the industrial development frontage on Agua Mansa Road and Hall Avenue. The following applies:
1. Servicing: the furnishing of water for the irrigation of any landscaping or the maintenanc e o f 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. M aintenance shall also include tree trimming for the trees identified on the approved L&LMD Landscape Plans for ZONE DD.
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.
3. Enhanced environmental quality of the parce ls by moderating temperatures, providing oxygenation and attenuation noise.
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CAPITAL IMPROVEMENTS
The as sessment will provide for design, furnishing, construction, and installation of landscaping and irrigation improvements to meet the City’s current standards for L&LMD.
The estimated assessment is based on the cost estimate of conceptual design and standard requirements at the time of preparation of this report.
PART III – FINANCIAL ANALYSIS
INTRODUCTION
The formula used for calculating assessments reflects the compo sition of the parcels and the improvements and services provided by the ZONE DD to fairly apportion the costs based on the estimated benefit to each parcel.
The landscaping improvements within ZONE DD provide direct and special benefit to t he 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 bene fiting properties consist of a uniform land use, it is determined that all (any) parcels benefit equally from the improvements and the costs and expenses for the maintenance and servicing of landscaping are apportioned on a per acreage 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 land scaping, 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 , it is determined that each of the parcels within the Zone benefit equally form the improvements. Therefore, the proportionate share of the costs and expenses for the provisions of landscaping, as well as costs and expenses for the maintenance of the landscaping, are apportioned equally on a per acreage 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 re asonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which would add to the ZONE DD costs and assessments.
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The Maximum Assessment formula shall be applied to all assessable parcels o f land within the Zone. For ZONE DD, the initial Maximum Assessment(s) for Fiscal Year 2022-2023 are as follows:
1. The initial Total Maximum Assessment established within ZONE DD shall be $396,010.00.
2. The initial Maximum Assessment per assessable acre, established within ZONE DD is anticipated to be $16,894.00.
The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 2023-2024. The initial Maximum Assessment shall be adjusted by the greater of two percent (2%) or the cumulative percentage increase in the CPI -U Index published by the Bure au of Labor Statistics of the United States Department of Labor.
The Maximum Assessment is a djusted annually and is calculated independent of ZONE DD ’s annual budget and proposed annual assessment. The proposed annual assessment (rate per assessable acre) 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 ye ar, the actual ZONE DD assessments may remain virtually unchanged. The Maximum Assessment adju stment is designed to establish reasonable limits on ZONE DD 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 th e 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 pr ocess must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for ZONE DD. If the pro posed assessment is not approve d, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for ZONE DD.
COST ESTIMATE
The Ad Valorem reduction is the corresponding general benefit value of the improvements, an d it is determined by identifying the general public benefit from the installation and upkeep of the improvements identified on this report. All proposed landscape , water quality improvements , and lighting improvements contained within this report are located directly in front of the assessed zone and the construction and installation of the improveme nts 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.
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The Assessment for each assessable parcel within ZONE DD 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 DD to determine the Annual Assessment per assessable parcel.
𝐴𝑛𝑛𝑢𝑎𝑙 𝐵𝑎𝑙𝑎𝑛𝑐𝑒 𝑡𝑜 𝐿𝑒𝑣𝑦 − 𝐴𝑑 𝑉𝑎𝑙𝑜𝑟𝑒𝑚 𝑅𝑒𝑑𝑢𝑐𝑡𝑖𝑜𝑛
𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑢𝑛𝑖𝑡𝑠 = 𝐴𝑛𝑛𝑢𝑎𝑙 𝐴𝑠𝑠𝑒𝑠𝑠𝑚𝑒𝑛𝑡 𝑝𝑒𝑟 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑢𝑛𝑖𝑡 The Annual Balance to Levy is the Total Annual Landscaping Costs plus the City Special Project as seen in the following summary table:
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CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE DD
HALL INDUSTRIAL
FY 2023-2024
Total Assessable Acres: 23.44 ac
Cost Description Total Cost for
ZONE DD
Cost per Acre
for ZONE DD
Landscaping:
Annual Landscaping Maintenance: $13,494.00 $575.68
Tree Trimming : $3,000.00 $127.99
Water (including water meter) $7,449.00 $3417.79
Fertilizer Injector $220.00 $9.39
Electricity (including electric meter) $300.00 $12.80
Mulch : $1,406.00 $59.98
Calsense Single: $250.00 $10.67
Backflow Certificate : $50.00 $2.13
TOTAL ANNUAL LANDSCAPING COSTS : $26,169.00 $1,116.42
ADMINISTRATION (8%) $2,224.00 $94.75
OPERATING RESERVE (10%) $2,616.00 $111.60
City Project:
Capital Improvements: $365,000 $15,571.70
TOTAL ANNUAL ASSESSMENT: *$396,010.00 *$16,894.60
*Rounded to nearest hundred dollar
INITIAL MAXIMUM ASSESSMENT PER ASSESSABLE ACRE : $16,894.60
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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 DD 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 DD includes the following Assessor’s Parcel Numbers (APNs) as of the date of this Report:
175-210-062, 175-210-063, 175-210-032, and 175-210-034.
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.
There are two legal lots within the boundary with four identified Assessor’s parcels. The initial Maximum Assessments per assessable acre for ZONE DD are as follows:
APN
(as of date of this report)
Maximum Assessment
(Base Year)
Parcel A of LLA18006 $151,207
Parcel B of LLA18006 $244,803
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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 APRIL 2022
CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR
CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT
NO. 89-1-CONSOLIDATED
Volume 2
ZONE 2-G
HALL INDUSTRIAL
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 – IMPROVEMENTS AND SERVICES FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE 2-G .... 7 STREET LIGHTING 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 ..................................................................................................................... 12
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AGENCY: CITY OF JURUPA VALLEY
SUBJECT: ANNEXATION OF HALL INDUSTRIAL DEVELOPMENT TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.89 -1-CONSOLIDATED VOLUME 2 (“CITY OF JURUPA VALLEY L&LMD NO.89-1-C”) AS ZONE 2-G 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 A ct 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 the Hall Industrial development to City of Jurupa Valley L&LMD No. 89 -1-C as ZONE 2 -G and establishes the Maximum Assessment to be levied in the Fi scal 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 2-G
Hall Industrial
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 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 sp ecific tract map 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, corre spond with the numbers assigned to 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 2-G 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.
April 7, 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 19th day of September, 2019 the City Council, City of Jurupa Valley, State of California, ordering the preparation of the Report providing for the annexation of The Hall Industrial development to L&LMD No. 89 -1-C Volume 2 as ZONE 2-G, 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-XXXX for a special assessment district zone known and designated as:
ZONE 2-G
Hall Industrial
As of the date of this Report, April 7th, 2022, the annexation of ZONE 2-G includes annexation of that portion of land identified by the Assessor Parcel Numbers 175-210-062, 175-210-063, 175- 210-032, and 175 -210-034. 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/Bound ary Map and in the Assessment Roll contained herein.
The following report presents the engineering analy sis for the annexation of ZONE 2-G and the establishment of the Maximum Assessment, based on Proposition 218 and the Act of 1972, to be levied and collected 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.
Ad Valorem Reduction – Means the corresponding general benefit value of the improvements.
2022-30
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Special benefit – Means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.” 6 | P a g e
PART I – BOUNDARIES OF THE DISTRICT
LOCATION OF THE ASSESSMENT ZONE
ZONE 2-G shall consist of a benefit zone encompassing the properties within the industrial development located at the northwest corner of Agua Mansa Road and Hall Avenue intersection . The proposed improvements described in this Report are based on current developm ent and improvement plans provided as of the date of this Report; streetlight plans prepared by Walden & Associates.
ZONE 2-G encompasses the properties located in the industrial development known as Hall Industrial, in the City of Jurupa Valley, in the County of Riverside, State of California. ZONE 2-G consists of all lots/units, parcels, and subdivisions of land located in the following development area:
Hall Industrial Development – Assessor Parcel Numbers as of date of this Report: 175-210-062, 175-210- 063, 175-210-032, and 175-210-034.
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PART II – IMPROVEMENTS AND SERVICES FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE 2-G
The services to be funded by City of Jurupa Valley L&LMD No. 89 -1-C ZONE 2-G include the operating energy cost and maintenance of the streetlights (7) required for the commercial development designated as Hall Industrial Development; two streetlights are located on Agua Mansa Road along the frontage of the development and five streetlights are located on Hall Avenue . The proposed improvements, the associated costs, and a ssessments have been carefully reviewed, identified, and allocated based on special benefit. ZONE 2 -G was reviewed and specific areas of special benefit within the District were identified, based on:
a. Level of Service
b. Improvement Types
c. Proximity to Improvement
d. Levels of Special Benefit from Zone (on Public versus Private) The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The 1972 Act further provides that assessments may be apportioned upon all assessable lot(s) or parcel(s) of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than by assessed value.
It was determined that the improvements identified by this report will directly benefit the parcels to be assessed within ZONE 2-G. The assessments and method of apportionment is based on the premise that the assessments will be used for lighting improvements within the existing district as well as provide for annual maintenance of those improvements and the assessment revenues generated by the Zone will be used solely for such purpose.
STREET LIGHTING IMPROVEMENTS
The assessment will provide for the operating energy cost of the streetlights servicing the industrial development, as shown in the Street Lighting Improvement Plan by Walden & A ssociates prepared for this development.
The benefits associated with streetlight improvements include:
1. Enhanced deterrence of crime such as vandalism and other criminal activities which would reduce damage to improvements or property.
2. Improved visibility to assist police in the protection of property.
3. Improved visibility for egress from and ingress to the property.
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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 to fairly apportion the costs based on the estimated benefit to each parcel.
The streetlight improvements within ZONE 2-G provide direct and special benefit to the lots or parcels within the Zo ne. 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, industrial, land use, it is determined that all parcels benefit equally from the improvements and the costs and expenses for the maintenance and servicing of streetlights are apportioned on a per acre basis.
The total benefit from the works of impr ovement 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 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 parcels within the zone consist of a uniform land use, 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 streetlights, as well as costs and expenses for the maintenance of the streetlights apportioned equally on a per acre basis.
MAXIMUM ASSESSMENT METHODOLOGY
The following methodology was adopted by City Council in Resolution No. 2016 -01 dated February 4, 2016. Such methodology has been maintained in preparation of this Report. The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and ma iling procedures, which would add to the ZONE 2-G costs and assessments.
The Maximum Assessment formula shall be applied to all assessable parcels of land within the Zone. For ZONE 2-G, the initial Maximum Assessment(s) for Fiscal Year 2023-2024 are as follows:
1. The initial Total Maximum Assessment established within ZONE 2 -G (Hall Industrial ) shall be $935.49.
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2. The initial Maximum Assessment per assessable acre established within ZONE 2-G, composed of 2 assessable lots and 23.44 assessable acres, is anticipated to be $39.92 per acre.
In compliance with California Constitution Article XIIID (Proposition 218), the assessment established for ZONE 2-G on this report, include an adjustment formula to account for reasonable i ncrease in cost for maintenance and inflation. 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 for Riverside-San Bernardino-Ontario.
The Maximum Assessment is adjusted annually and is calculated independent of ZONE 2 -G’s annual budget and proposed annual assessment. The proposed annual assessment (rate per assessable acre) 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 2-G assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish reasonable limits on ZONE 2-G 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 Asse ssment is established for ZONE 2-G. 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 2-G.
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 lighting improvements contained within this report are located in front of or leading to the assessed boundary 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 2-G 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 2-G to determine the Annual Assessment per assessable acre. 10 | P a g e
𝐴𝑛𝑛𝑢𝑎𝑙 𝐵𝑎𝑙𝑎𝑛𝑐𝑒 𝑡𝑜 𝐿𝑒𝑣𝑦 − 𝐴𝑑 𝑉𝑎𝑙𝑜𝑟𝑒𝑚 𝑅𝑒𝑑𝑢𝑐𝑡𝑖𝑜𝑛
𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑎𝑐𝑟𝑒𝑠 = 𝐴𝑛𝑛𝑢𝑎𝑙 𝐴𝑠𝑠𝑒𝑠𝑠𝑚𝑒𝑛𝑡 𝑝𝑒𝑟 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑎𝑐𝑟𝑒 The Annual Balance to Levy is the Total Annual Landscaping Costs as seen in the following summary table:
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CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE 2-G
Hall Industrial
FY 2023-2024
Total Assessable Acres: 23.44 acres
Cost Description Total Cost
for ZONE 2-G
Cost per Acre
ZONE 2-G
Street Lighting:
Annual Energy Charge of $108.92 per street light for 5
Street Lights –LED (Hall Avenue):
$544.61 $23.23
Annual Energy Charge of $122.42 per street light for 2
Street Lights –LED (Agua Mansa Road):
$244.83 $10.45
Administration (8.5%) : $67.10 $2.86
Operating Reserve (10.0%) : $78.94 $3.37
TOTAL ANNUAL STREET LIGHTING COSTS : $935.49 $39.92
AD VALOREM REDUCTION $0 $0
INITIAL MAXIMUM ASSESSMENT PER ASSESSABLE ACRE OF ZONE 2-G : $39.92
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PART IV – ASSESSMENT DIAGRAM
(See next page)
PART V – ASSESSMENT ROLLS
Parcel identification for each lot/unit or parcel within ZONE 2 -G 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 2-G includes the following Assessor’s Parcel Numbers (APNs) as of the date of this Report: 175-210-032, 175-210-034, 175-210-062, and 175-210-063.
The initial Maxim um 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.
When subdivided, the initial Maximum Assessments per assessable acre for ZONE 2-G are as follows:
APN
(as of date of this report)
Assessable Acres Maximum Assessment
(Base Year)
Parcel A of LLA18006 8.95 $357.28
Parcel B of LLA18006 14.49 $578.44
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120
S
TAFF REPORT
DATE: JUNE 16, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 16.C
PUBLIC HEARING TO CO NSIDER AN ORDINANCE TO AMEND
CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL CODE TO
UPDATE THE ALLOWED LAND USES AND DEVELOPMENT
STANDARDS FOR THE BUSINESS PARK (BP) ZONE; AND AN
ORDINANCE TO APPROVE PROPOSED CHANGE OF ZONE FROM
MANUFACTURING HIGH T O LIGHT AGRICULTURAL (A-1) AND
NATURAL ASSET (N-A) FOR PARCELS WITH APNS: 174-040-017, 018, 019, AND 020, CHANGE OF ZONE FROM MANUFACTURING HIGH (M-
H) TO MANUFACTURING SERVICE COMMERCIAL ( M-SC) FOR
PARCELS WITH APNS: 178-330-001, 002, AND 003, CHANGE OF ZONE
FROM MANUFACTURING HIGH (M-H) TO GENERAL COMMERCIAL (C- 1 C -P) FOR PARCELS WITH APNS: 163-400-004 AND 008; AND
CHANGE OF ZONE FROM MANUFACTURING HIGH ( M-H) TO
WATERCOURSE, WATERSHED AND CONSERVATION AREAS (W -1)
FOR PARCEL WITH APN: 163-300-005
RECO
MMENDATION
1) That the City Council make a finding that (1) the adoption of an ordinance approving Zoning Code Amendment (ZCA) No. 22001 is exempt from further environmental review pursuant to Section 15061(b)(3) of the C alifornia Environmental Quality Act (“C EQA”); and (2) the adoption of an ordinance approving Change of Zone (CZ) No. 22001 does not require the preparation of any further environmental reports as the Project has already been analyzed in the Final Programmatic Environm
ental Impact Report (FEIR) for the “2017 General
Plan of the City of Jurupa Valley” project certified by the City Council on September 7, 2017. The Project is and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the
FEIR. All potential environmental impacts associated with the
RETURN TO AGENDA
Page | 2
Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. As such, no further environmental review is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162. 2) That the City Council conduct a first reading and introduce Ordinance No. 2022-10, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL CODE
AMENDING THE USES ALLOWED IN THE BUSINESS PARK ZONE AND
DEVELOPMENT STANDARDS THAT APPLY TO THOSE USES, MAKING
ADDITIONAL CONFORMING CHANGES TO TITLE 9 AND FINDING THE
ORDINANCE IS EXEMPT FORM FURTHER ENVIRONMENTA L REVIEW
PURSUANT TO SECTION 15061(B) (3) OF THE CEQA GUIDELINES. 3) That the City Council conduct a first reading and introduce Ordinance No. 2022-11, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNI A,
ESTABLISHING A CHANG E OF ZONE FROM MANUF ACTURING HIGH TO LIGHT AGRICULTURAL ( A-1) AND NATURAL ASSET (N- A) FOR PARCELS WITH APNS: 174 -040-017, 018, 019, AND 020, CHANGE OF ZONE FROM
MANUFACTURING HIGH ( M-H) TO MANUFACTURING SERVICE
COMMERCIAL (M -SC) FO R PARCELS WITH APNS: 178-330-001, 002, A ND 003, CHANGE OF ZONE FROM MANUFACTURING HIGH (M-H) TO GENERAL COMMERCIAL (C-1 C-P) FOR PARCELS WITH APNS : 163-400-004 AND 008,
AND CHANGE OF ZONE F ROM MANUFACTURING HI GH (M -H) TO
WATERCOURSE, WATERSH ED AND CONSERVATION AREAS (W -1) FOR PARCEL WITH APN: 163-300-005.
BACKGROUND
On December 2, 2021, the City Council adopted a Truck Intensive Use Urgency Ordinance to reduce truck impacts on the City. In addition, the City Council initiated a Zoning Code Amendment to the Business Park (B -P) Zone to make it more consistent with the General Plan and the goals of the Truck Intensive Use O rdinance. The City Council also initiated amendments to the code (including zones) and General Plan for five study areas to consider changes in land use designations to reduce truck impacts and be consistent with the General Plan. The City Council also extended the Truck Intensive Use Urgency Ordinance for an additional 12 months (through January 22, 2023) over five areas (Areas 1 – 5) that are currently zoned Manufacturing - Heavy (M-H) (see Figure 1).
Page | 3
To implement these amendments,
the project is divided into four
phases (see Attachment 4 , Truck
Intensive Use Land Use Update
Schedule) implemented over the
next two and a half years:
• Phase 1, the topic of this report,
includes recommendations to
(1) change the zone of four
areas where the Truck
Intensive Use Urgency
Ordinance was extended and
(2) amend the Business Park
zone.
• Phase 2 will include land use
amendments to the Pedley -
Limonite and Bellegrave- Van
Buren study areas.
• Phase 3 includes developing a
Rubidoux Boulevard Business
Park Corridor.
• Phase 4 consists of a North Rubidoux Master Plan and a new airport zone for Flabob Airport. The North Rubidoux Master Plan will provide policies on best management practices on how industrial uses can reduce impacts on residential uses in the area.
The North Rubidoux Master Plan is being funded through development agreements with approved industrial uses in the Agua Mansa area.
At the May 25, 2022 Planning Commission public hearing, the Planning C ommission reviewed the recommended amendment to the Business Park zone (ZCA 22001) and change of zone to the four areas (CZ 22001) and made a recommendation that the City Council approve the two ordinances (see Attachment 3 for adopted resolution).
ANALYSIS
Phase 1 includes the two following components:
1. Business Park (B-P) Zone Amendment – recommendations to update the permitted land uses and development standards in the B -P zone for consistency with the General Plan Business Park land use designation.
2. Change of Zones – recommendations to change the zones in four industrial areas to reduce truck impacts and be consistent with the General Plan.
Business Park (B-P) Zone Amendment
The General Plan’s vision for the Business Park land use designation is as follows: The Business Park land use designation allows for employee intensive uses, including research and development, technology centers, corporate and supportive office uses, "clean" industry and supporting retail uses. This amendment's (see Attachment 1 Draft Ordinance) focus is to update the Zoning requirements to be consistent with this vision.
Figure 1, Five areas Truck Intensive Use Urgency
Ordinance applies
1 2
3 4
5 Page | 4
Permitted Land Uses
The Business Park zone includes 15 uses that are allowed by-right, without discretionary approval ( e.g. Site Development Permit or Conditional Use Permit). This is the only industrial or commercial zone in the Zoning Code that includes by -right uses. Therefore, one of the recommended amendments to the B -P zone is to require an approved Site Development Permit or Conditional Use Permit for all uses.
The amendment would add, expand, combine, and in some cases, eliminate land uses for consistency with the General Plan’s vision provided above. The land use changes focused on uses that provide employment. Examples of uses that have been added or modified include:
• Research and development, technology center
• Light Manufacturing completely within a building
• Contractors business completely within a building without outdoor storage of equipment or fleet of vehicles (related to building construction, capital improvement projects, or preparation of sites for construction)
• Equipment sales and rental - excluding heavy vehicles and equipment • Medical services clinic, office, outpatient services, pharmacies, urgent care • Hospitals, emergency services
Examples of uses that are proposed to be removed include:
• Drive-thru food establishments
• Automobile service stations
• Bar/Tavern
• Parking lots and structures
• Mortuary, funeral home
Examples of uses that are proposed to require a Conditional Use Permit to ensure compatibility include:
• Alcoholic beverage sales
• Live entertainment with a permitted use in Business Park zone • Microbrewery, brew pub
• Retail, warehouse stores over forty-five thousand feet gross floor area • Commercial food kitchens, ghost kitchens, commissary (that includes the storage of food trucks)
Other noteworthy land-use changes include removing work/live units because there are currently no development standards for this type of use in the Zoning Code. When standards are developed in the future, this land use may be added back in as an allowed use. The wording "or similar uses" is added to allow flexibility as technology and new innovations occur for several land uses. For example, Personal Services can allow microblading, eyebrow threading etc., as “similar uses.” Recent inquiries have been made about establishing ghost kitchens. To address this, the Commercial Kitchen use has been expanded to include ghost kitchens along with adding the following definition:
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A ghost kitchen is a professional food preparation and cooking facility set up for the preparation of delivery-only meals and catering. Ghost kitchens do not include a storefront or indoor seating for customers.
It is imp ortant to note, consistent with the existing Zoning Code, all legally established industrial uses that become nonconforming due to changes proposed in the Ordinance may continue for 40 years after the effective date of the amendment. It also allows legal nonconforming uses up to a 25% expansion.
Development Standards
The proposed amendments to the development standards provide greater clarity, and improve design quality and consistency with the General Plan. The aesthetic improvements include increasing the required landscape area from 15 to 18 percent, required screening of storage areas and mechanical equipment from public view, required installation of decorative masonry screen walls, prohibiting the use of barbwire and similar types of security fencing, maintenance of buildings and grounds requirements and requirements for quality architecture and site design.
A new floor area ratio (FAR) standard requires a minimum FAR of .25 and a maximum FAR of .60, consistent with the Business Park land use standard in the General Plan.
Change of Zone
The Change of Zone covers four out of five study areas (see Figure Table 1 and Figures 1 - 12). The recommendation is to change the existing Manufacturing- Heavy zoned parcels to another zone consistent with its designated General Plan Land Use designation. Table 1 and Figures 1 – 12 show the existing General Plan land use, existing zoning, and the proposed zoning for the four areas.
Page | 6
Area 1: Sierra Avenue and Northern City Border
Area 1 consist s of four vacant properties with steep terrain and zoned Manufacturing - Heavy (M-H). The properties are located between Sierra Avenue and the northern City border (see Figure 2) . Area 1 was used as a staging area for a former mining facility (currently Oak Quarry Golf Club). The County had envisioned this area potentially being an expansion of the mining facility, but that never occurred. The recommendation is to change the zone from Manufacturing- High to Natural Asset (N -A) and Light Agriculture (A-1) to be consistent with the General Plan land use des ignation of Open Space Rural (OS-R), and Country Neighborhood (LDR) (see Figures 3 & 4).
At this time, there is an application for a 75- unit single-family residential development, Sierra Ridge (MA21285), that is being processed in Area 1 (see Figure 2). This residential proposal includes a General Plan Amendment to change the existing land use designation to Medium Density Residential (MDR), and the zoning to Planned Residential (R-4). The recommended zone change for Area 1 will not prevent the Sierra Ridge (MA21285) application from moving forward with their request through the discretionary review process. City Council is the approving body for these applications.
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Area 2: Market St., Rubidoux Blvd., Avalon and 24th St.
Area 2, see Figure 5 for location, consists of three vacant lots. The current General Plan land use designation is Light Industrial, while the zoning is Manufacturing- Heavy (M-H), which allows heavy industrial uses, including truck intensive uses. For thi s reason, a change of zone is recommended to rezone Area 2 to Manufacturing-Service Commercial (M-SC) which allows less intensive industrial uses which are compatible with the General Plan Light Industrial (LI) Land Use designation.
LDR
OS-RUR
Figure 3, Area 1: General Plan Land Uses
Page | 8
The property owner of Area 2 has received the public notice of this agenda item and has a letter regarding the recommendation (see Attachment 6 ). The property owner’s preference is a rezone to Manufacturing-Medium (M-M) as the owner considers it would allow more uses that will create jobs and promote public welfare. M -M zone is not consistent with Light Industrial (LI) land use designation; however, M-M zone is consistent with Heavy Industrial (HI) land use designation.
Page | 9
Area 3: Van Buren Blvd. and
Clay St.
Area 3 consists of two properties at
two corners of the intersection of
Van Buren Blvd. and Clay St. See
Figure 7 for location of Area 3. The
General Plan land use designation
for Area 3 is Commercial Retail
(CR) and the zoning is
Manufacturing-High.
The General Commercial (C- 1/C-
P) zone is recommended to make
Area 3 consistent with the General
Plan (see Figures 7, 8, & 9). Area
3 includes the former Sizzler
restaurant, now vacant, and In- N-
Out Burger fast food restaurant.
Page | 10
Area 4: Van Buren Blvd. and Santa Ana River
Area 4 is a 57-acre vacant property along the Santa Ana River, owned by the Riverside County Regional Open Space and Parks District. It abuts Van Buren Blvd. See Figure 10 for the location. The site includes a portion of the riverbed with riparian and grassland.
The General Plan land use designation is Open Space, Water (OS -W) and the current zoning is Manufacturing-High (M-H). The recommended zone, Watershed, Watercourse and Conservation (W-1), will make it consistent with the General Plan.
Page | 11
Page | 12
ENVIRONMENTAL REVIEW
It has been determined that Zoning Code Amendment (ZCA) No. 22001 is exempt from further environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (“CEQA”). See Attachment 5 for the Previous Environmental Document. Additionally, it has been determined that the Change of Zone (CZ) No. 22001 does not requir e the preparation of any further environmental reports as the change of zones have already been analyzed in the
Final Programmatic Environmental Impact
Report (FEIR) for the “2017 General Plan of the City of Jurupa Valley” project certified by the City Council on September 7, 2017. The Project is and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the
FEIR. All potential environmental impacts associated with the P roject are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. As such, no further environmental review is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162.
FINANCIAL IMPACT
There is no fiscal impact.
ALTERNATIVES
1. Recommended Action:
That the City Council introduce Ordinance No. 2022- 10
amending the Business Park permitted uses and development standards and introduce Ordinance No. 2022-11 to change the zone for four areas.
12774-0001\2665099v2.doc
ORDINANCE NO. 2022-10
AN ORDINANCE OF THE CITY OF JURUPA VALLE Y,
CALIFORNIA, AMENDING CHAPTER 9.112 OF THE
JURUPA VALLEY MUNICI PAL CODE AMENDING THE
USES ALLOWED IN THE BUSINESS PARK ZONE AND
DEVELOPMENT STA NDARDS THAT APPLY TO THOSE
USES, MAKING ADDITIONAL CONFORMING CHANGES
TO TITLE 9 AND FINDING THE ORDINANCE IS EXEMPT
FROM FURTHER ENVIRON MENTAL REVIEW
PURSUANT TO SECTION 15061(B)(3) OF THE CEQA
GUIDELINES
THE CITY COUNCIL OF THE CI TY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Project Procedural Findings . The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) On December 2, 202 1, the City Council adopted a Truck Intensive Use Urgency Ordinance to reduce truck impacts on the City. In addition, the City Council initiated a Zoning Code Amendment to the Business Park (B -P) zone to make it more consistent with the General Plan (“Code Amendment”) and the goals of the Truck Intensive Use Urgency Ordinance.
The City Council also initiated a General Plan and Zoning Amendments for five study areas to consider changes in land use designations to reduce truck impacts and be consistent with the General Plan.
(b) On May 25, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the proposed Code Amendment set forth in this Ordinance, at which time all persons interested in the proposed Code Amendment had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony, the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2022-05-25-01 recommending that the City Council approve the proposed Code Amendment. (c) On June 16, 2021, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Code Amendment, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Following the receipt of public testimony, the City Council closed the public hearing and duly considered the written and oral testimony received.
(d) All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. California Environmental Quality Act Findings . The p roposed Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Code Amendment, that changes uses that were previously permitted by right in the Business Park zone
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12774-0001\2665099v2.doc
and makes them subject to a conditional use permit or site development plan permitting process , will have a significant effect on the environment. Projects that were previously permitted by right will now be subject to CEQA review in connection with the processing of a conditional use permit or site development permit. The addition of new permitted uses are an administrative procedure only and no development will occur without further CEQA review at the time development applications are submitted. The City Council has reviewed the administrative record concerning the proposed Code Amendment and the proposed CEQA determinations, and ba sed on its own independent judgment, finds that the Code Amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines Section 15061(b)(3).
Project Findings. The City Council hereby fin ds, as required by the Jurupa Valley Ordi nances and applicable state law, that the proposed Code Amendment should be adopted because the proposed Code Amendment is consistent with the City of Jurupa Valley 2017 General Plan and the following goals and polices in that:
1) General Plan Goal for Business Park (BP): “The Business Park land use designation allows for employee intensive uses, including research and development, technology centers, corporate and support office uses, “clean” industry, and supporting retail uses. Floor area ratios range from 0.25 to 0.6.
The Code Amendment includes land uses that are employment generators such as research and development, technology centers, corporate offices and “clean” industry. In addition a FAR standard that establish a range of 0.25 to 0.6 FAR is consistent with the General Plan.
2) Policy LUE 3.12: Industrial and Business Park Development which states “Accommodate the continuation of existing and the development of new industrial, manufacturing, research and development, and professional offices in areas designated by the General Plan”
The allowable uses in the Code Amendment include all these uses. 3) Policy LUE 3.13 Commercial Trucks. Manage commercial truck traffic, access, loading, and parking to minimize potential impacts on adjacent residential and commercial properties.
The Code Amendment prohibits truck intensive uses in the Business Park zone that can impact residential and other sensitive receptor uses. In addition, the new development standards improve compatibility with residential and other sensitive uses, aesthetics, and quality of life by limiting on site outdoor storage, increased setbacks, and required screening.
4) Policy LUE 3.8 Architectural Compatibility. Require commer cial development to be designed to enhance and be architecturally compatible with its surroundings and with designated scenic highways or public view corridors by providing high quality architecture, landscaping, and site improvements. Architectural styles that reflect the City’s small town rural, agricultural history shall be utilized in the design of new commercial developments in or near the Town Centers, consistent with the applicable design guidelines.
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12774-0001\2665099v2.doc
The Code Amendment requires high-quality architect ure designed to enhance and be architecturally compatible with its surroundings.
5) Policy LUE 3.9 Maintenance. Require property owners and tenants of commercial properties to properly maintain and repair buildings, landscaping, signs, and fencing to ensure they reflect community expectations for a quality environment and remain competitive with commercial facilities located outside the City.
The Code Amendment includes new maintenance standards requiring all development in the Business Park zone to be properly maintained.
Section 3. Addition of Section 9.10.615. The City Council of Jurupa Valley hereby adds a new Section 9.10.615 (Ghost Kitchens.) to Chapter 9.10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to add a definition for “Ghost Kitchens” to read as follows:
“A ghost kitchen is a professional food preparation and cooking facility set up for the preparation of delivery-only meals and catering. Ghost kitchens do not include a storefront or indoor seating for customers.”
Section 4. Amendment to Chapter 9.112. The City Council of Jurupa Valley hereby amends Chapter 9.112 (B-P Zone (Business Park)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows (with additions shown in underlined text and delet ions shown in strikethrough text):
“Sec. 9.112.010. Purpose and application.
The B-P Zone is intended to provide for research and development, light manufacturing, business sales and services and other business -supporting commercial uses. It is not intende d to include general warehousing, distribution, shipping, or logistics. The B -P Zone implements and is consistent with the Business Park land use category of the General Plan.
Sec. 9.112.020. Uses permitted.
A. The following uses are permitted:
(1) Bakery—Wholesale.
(2) Banks, financial services, ATMs.
(3) Business support services.
(4) Catering services.
(5) Copying and quick printer services.
(6) Laboratory—Medical, analytical, research, testing.
(7) Manufacturing—Light.
(8) Media production—Broadcast studio.
(9) Printing and publishing.
(10) Offices, professional sales and services, including business, law, medical, dental, chiropractic, architectural and engineering, public utilities.
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12774-0001\2665099v2.doc
(11) Restaurant.
(12) School—College, university, vocational, specialized training. (13) Social service organization.
(14) Transit stop, station or terminal.
(15) Veterinary clinic/hospital, boarding (indoor).
AB. The following uses are permitted provided approval of a site development p ermit shall first have been obtained pursuant is approved pursuant to the provisions to the provisions of Section [9.240.330]:
(1) Ambulance, taxi, and/or limousine dispatch facility. (2) Antennas and telecommunications facilities as required by [Chapter 9.275]. (3) Automobile service stations, not including the concurrent sale of beer and wine for off - premises consumption, excluding truck stops/travel centers. (4) Commercial recreation facility—Indoor.
(3) Automobile services-repairs and maintenance.
(4) Bakery-Wholesale.
(5) Conference facilities.
(6) Convenience market.
(5) Banks, Financial Institutions and ATMs.
(6) Childcare Services.
(7) Civic Uses – government, public safety, community center, cultural center and similar. (8) Commercial food ki tchens, ghost kitchens, catering services, or commissary (without outdoor storage of commercial vehicles including food trucks). (9) Commercial amusement and recreational facilities.
(10) Conference, convention, or banquet facilities.
(11) Contractor business completely within a building without outdoor storage of equipment or fleet of vehicles.
(12) Copying, printing, and publishing services.
(7)(13) Equipment sales and rental – excluding heavy vehicles and equipment including cranes, boom lifts, earth movers, dozers, loaders, excavators, and similar vehicles and equipment. (8) Fitness/health facility.
(14) Health, and fitness facilities.
(15) Laboratory – medical, analytical, research, testing. (9)(16) Maintenance services for infrastructure improvements including road, sewer, water and similar.
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12774-0001\2665099v2.doc
(17) Manufacturing light – manufacturing operations with associated activities that take place within a wholly enclosed building. Examples of manufacturing light include home accessories, furniture, cabinetry, sporting equipment, toys, food, clothing and accessories, footwear, handmade Artisan craft, instruments, computers, electronic devices and similar. (18) Media producing – broadcast studios.
(10)(19) Medical services Cclinic, office, outpatient services, and urgent care. (11)(20) Office-supporting retail- administrative, corporate, and professional. (12) Parking lots and structures.
(13)(21) Personal care services—N nails, beauty salon, barber skin, hair care services, hair removal services, make-up salons, and similar uses.
(14)(22) Repair services—Electronic equipment, large appliances, etc. (23) Research and development, technology center.
(24) Restaurants or food establishment excluding drive-thru, alcohol beverage sales, and live entertainment (examples: full-service restaurants, cafeterias, buffets, sandwich, coffee, ice cream and similar establishments).
(25) Retail or warehouse stores 45,000 square feet or less gross floor area. (26) Schools - college, universities, vocational, specialized training, instruction , sports and recreation instruction, education support services (tutorial services). (27) Social service organizations.
(18)(28) Studio—Art, dance, martial arts, music, photography and similar. etc. (29) Transit stops, stations, terminals.
(30) Utilities - gas, electric, sewer and similar.
(31) Veterinary clinics, animal hospitals, which may include ancillary indoor boarding. (15) Warehouse stores—Forty-five thousand (45,000) square feet or less gross floor area. (16) Work/live units.
(17) Vehicle services—Repair and maintenance.
CB. The following uses are permitted provided a conditional use permit has been granted pursuant to Section [9.240.280]:
(1) Alcoholic beverage sales for on -premise consumption with restaurants/food establishments, microbreweries, brew pubs, craft breweries hotels, and conference, convention, and banquet facilities and off-premise sales for microbreweries and general retail uses pursuant to Section [9.240.490].
(1)(2) Auto, pickup truck, motorcycle, boat and RV sales, rental and repair. Repairs and associated activities within a wholly enclosed building. (2) Bar/tavern pursuant to Section 9.240.490.
(3) Furniture and fixtures manufacturing, cabinet shop.
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(3) Commercial food kitchens, ghost kitchens, catering services, or commissary (with commercial vehicles or food trucks pursuant to Section [6.20.120]. (4) Hotel, motel, extended stay hotel.
(5) Heliports.
(6) Hospital.
(7) Mortuary, funeral home.
(8) Public safety facilities (police, fire, EMT, etc.)
(7) Microbrewery, brew pub, craft brewery, distilleries, wineries pursuant to Section [9.240.490].
(8) Retail or Warehouse stores—Greater than forty -five thousand (45,000) square feet gross floor area.
(9) Truck service and repair within a wholly enclosed building (utility, small commercial trucks or tractor trailer)
(10) Alcoholic beverage sales for off -premise c onsumption with convenience stores and automobile service stations, and restaurants, hotels, extended stay hotels, and conference facilities with alcohol beverage sales for on -premises consumption pursuant to Section
9.240.490.
DC. Uses not listed. Any use that is not specifically listed in Subsections A., and B., and C. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subj ect to the permit process which governs the category in which it falls.
ED. Legally established uses. It is the intent of the City Council that a legally established pre - existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre -existing use certified pursuant to Section [9.240.080] that is not specifically listed in su bsections A., and B., and C. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017 -14 adopting the 2017 General Plan. The expansion of significant modification of such a pre -existing use shall be subject to the approval process and zoning requirements that had governe d the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.
Sec. 9.112.030. Development standards.
The following shall be the standards of development in the B-P Zone:
(1) Lot size. The minimum lot size shall be one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780)) square feet with a minimum average lot width of one hundred
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(100) feet, minimum average lot depth of one hundred (100) feet and minimum lot frontage width of fifty (50) feet.
(2) Floor area ration (FAR). The building floor area ration shall be a minimum of .25 FAR and a maximum of .6 FAR.
(2)(3) Height. The maximum height of all structures, including buildings, shall be thirty -five (35) feet at the yard each setback line. Any portion of a structure that exceeds thirty -five (35) feet in height shall be set back from each yard setback line not less than two (2) feet for each one (1) foot in height that is in excess of thirty -five (35) feet. All buildings and structures shall not exceed fifty (50) feet in height.
(3)(4) Landscaping. A minimum fifteen (15) eighteen (18) percent of the net area of the site (exclusive of right-of-way) shall be landscaped and maintained, and automatic irrigation shall be installed.
(4)(5) Street setbacks. A minimum twenty -five (25) foot setback shall be required on any street. A minimum ten (10) fifteen (15) foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setback may be used for off -street automobile parking, driveways, or landscaping. Screen walls are prohibited in the street setback area. (5)(6) Side yard setbacks. The minimum side yard setback shall equal not less than ten (10) feet for the two (2) side lot areas combined.
(6)(7) Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet. (7)(8) Other setbacks. A minimum one hundred (100) foot setback shall be required on any boundary where the business park property abuts a residential or commercially zoned property. A minimum of twenty (20) feet of the setback shall be landscaped. The other setback area may also be used for trails, bicycle, motorcycle and automobile parking, trash/recycling enclosure, driveways or landscaping. Block walls or other fencing may be required.
(8)(9) Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping. They shall be located in such a manner as to minimize noise or odor nuisance.
Block walls or other fencing may be required.
(10) Perimeter screen walls. Perimeter screen walls are prohibited in the street setback area.
A fully landscaped area shall be provided in front of a perimeter screen wall adjacent to any street. The minimum height of a perimeter screen wall shall be eight (8) feet. All screen walls shall be decorative ma sonry block walls and include an anti -graffiti coating or equivalent measures to prevent graffiti.
(11) Security Fence. Barbed wire, concertina and similar fence are prohibited. (9)(12) Outside storage. Outside storage shall be screened with structures or landscaping.
Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. If a non -screened exhibit of products is proposed, it shall be part of the industrial park site development permit approved pursuant to Section [9.145.040], and shall be set back at least ten (10) feet from the street line.
Outside storage as described in [Section 9.10.950] shall not exceed 20% of the site and shall be completely screened from public view by a combination of buildings, decorative
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masonry block walls, berms and landscaping. Outside storage areas shall be prohibited within the twenty-five (25) feet street setback.
(10)(13) Parking. Parking shall be provided as required by [Section 9.240.120]. (11)(14) Utilities. All new utilities shall be underground. (12)(15) Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from public view. to a minimum sight distance of one thousand three hundred twenty (1,320) feet.
(13)(16) Signs. All signs shall be in conformance with [Chapter 9.245] and be maintained in safe and presentable condition at all times including repainting, replacement of parts, and other maintenance activities
(14)(17) Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged t o prevent glare or direct illumination on streets or adjoining property.
(18) Maintenance. All properties, buildings, outside storage areas, landscaping, walls, trash enclosures, accessory structures, signs, and overall grounds shall be maintained in a sa fe and presentable condition at all times including repainting, replacement of parts or structures, cleaning, and other maintenance activities. (19) Architecture. Business park development shall be constructed with high -quality architecture designed to enhance and be architecturally compatible with its surroundings .
Exemplary architecture, landscaping, sign and site plan design shall be provided within designated scenic highways or pubic view corridors.
Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. Th e City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 6. Effect of Ord inance. This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this Ordinance.
Section 7. Certification. The City Clerk of the City of Jurupa Val ley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 8. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.
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PASSED, APPROVED , AND ADOPTED by the City Council of the City of Jurupa Valley on this 7th day of July, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
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12774-0001\2665099v2.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-10 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 16th day of June, 2022, and thereafter at a regular meeting held on the 7th day of July, 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 7th day of July, 2022.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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ORDINANCE NO. 2022-11
AN ORDINANCE OF THE CITY OF JURUPA VALLE Y, CALIFORNIA,
AMENDING THE JURUPA VALLEY MUNICIPAL CODE TO APPROVE
A CHANGE OF ZONE FRO M MANUFACTURING HIGH TO LIGHT
AGRICULTURAL (A -1) A ND NATURAL ASSET (N -A) FOR PARCELS 174-040-017, 018, 01 9, AND 020, CHANGE O F ZONE FROM
MANUFACTURING HIGH ( M-H) TO MANUFACTURIN G SERVICE
COMMERCIAL (M -SC) FO R PARCELS 178 -330-001, 002, AND 003,
CHANGE OF ZONE FROM MANUFACTURING HIGH ( M-H) TO
GENERAL COMMERCIAL ( C-1 C -P) FOR PARCELS 163-400-004 AND 008 AND CHANGE OF ZO NE FROM MANUFACTURIN G HIGH (M -H)
TO WATERCOURSE, WATERSHED AND CONSERVATION AREAS (W-
1) FOR PARCEL 163 -300-005; AND MAKE FINDINGS PURSUA NT TO
CEQA THAT NO FURTHER ENVIRONMENTAL REVIE W IS
REQUIRED
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Project Procedural Findings . The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the December 2 , 2021 regular City Council meeting, the City Council adopted a Truck Intensive Use Ordinance to reduce truck impacts on the City. In addition, the City Council initiated Zoning Code and Map Amendments (Change of Zone No. 22001) (the “Project”) for five study areas to consider changes in land use designations to reduce truck impacts and be consistent with the General Plan. Phase 1, the first study area, proposes to change the zone of four areas where the Truck Intensive Use Urgency Ordinance was extended , and requested that the Planning Commission study and report on the proposed Change of Zone No. 22001, as set forth in this Ordinance.
(b) On May 25, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the proposed Change of Zone No. 22001 as set forth in this Ordinance, at which time all persons interested in the proposed Change of Zone had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearings and after due consideration of the testimon y, the Planning Commission adopted Resolution No. 2022-05-25-01 recommending that the City Council approve the proposed Change of Zone No. 22001.
(c) On June 16, 2022, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Change of Zone No. 22001 , at which time all persons interested in the P roject had the opportunity and did address the City Council on these matters.
Following the receipt of public testimony the City Council closed the public hearing and duly considered the written and oral testimony received.
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(d) All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. California Environmental Quality Act Findings . The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project:
(a) Pursuant to CEQA and the City’s local CEQA Guidelines, the City Council considered the potential environmental impacts of the Project. The City Council has also reviewed the Final Programmatic Environmental Im pact Report (FEIR) for the “2017 General Plan of the City of Jurupa Valley” project certified by the City Council on September 7, 2017, including the impacts and mitigation measures identified therein, and prepared a Previous Environmental Document Review Determination in accordance with CEQA for the Project. Based on that review, the City Council has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with the “20 17 General Plan of the City of Jurupa Valley” project and the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (b) The City Council has independently reviewed the Previous Environmental Document Review Determination, and based upon the whole record before it, the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project, a s modified, is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and
2) All potential environmental impacts associated with the “2017 General Plan of the City of Jurupa Valley” project and the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (c) The custodian of records for the prior FEIR, and all other materials that constitute the record of proceedings upon which the City Council determination is based, is the Community Development Department of the City of Jurupa Valley. Those documents are available for public review in the Community Development Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.
Section 3. Project Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law , that the proposed Zoning Code Amendment should be adopted because the proposed Zoning Code Amendment is consistent with the City of Jurupa Valley 2017 General Plan in that:
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(a) Change the zoning classification of four parcels (APNs: 174-040-017, 018, 019 and 020) consisting of approximately 142 combined acres of land east of Sierra Avenue and south of the City boundary from M -H (Manufacturing-Heavy) to A-1 (Light Agriculture) and N- A (Natural Asset) which is consistent with the 2017 Jurupa Valley General Plan designation and the requirements of the General Plan land use designation of Country Neighborhood (LDR) and Open Space Rural (OS-RUR);
(b) Change the zoning classification of three parcels (APNs: 178-330-001, 002, and 003) consisting of approximately 20.5 combined acres of land located in Agua Mansa west of Rubidoux Blvd. and north of 24th St. east of Avalon St. from M-H (Manufacturing-Heavy) to M- SC (Manufacturing-Service-Commercial) which is consistent with the 2017 Jurupa Valley General Plan and the requirements of the General Plan land use designation of Light Industrial (L-I); (c) Change the zoning classification of two parcels (APNs : 163-400-004 and 008) consisting of approximately 2 combined acres of land located east of Van Buren Blvd., south of the Union Pacific Railroad and north of the Santa Ana River from M -H (Manufacturing-High) to C-1/ C-P (General Commercial) which is consistent with the 2017 Jurupa Valley General Plan designation and the requirements of the General Plan land use designation of Commercial Retail (C-R); and
(d) Change the zoning classification of one parcel (APN 163 -300-005) consisting of approximately 57 acres located east of Van Buren Blvd. and North of the Santa Ana River fr om M -H (Manufacturing -Heavy) to W -1 (Watercourse, Watershed and Conservation Areas) which is consistent with the 2017 Jurupa Valley General Plan designation and the requirements of the General Plan land use designation of Open Space Water (OS-W).
Section 4. Approval of Zone Change. The City Council of the City of Jurupa Valley hereby rezones the following property:
1) Change the zoning classification of four parcels (APNs: 174-040- 017, 018, 019 and 020) consisting of approximately 142 combined acres of land east of Sier ra Avenue and south of the City boundary from M -H (Manufacturing -Heavy) to A -1 (Light Agriculture) and N-A (Natural Asset);
2) Change the zoning classification of three parcels (APNs: 178-330- 001, 002, and 003) consisting of approximately 20.5 combined acres of land located in Agua Mansa west of Rubidoux Blvd and north of 24th St. and east of Avalon St. from M -H (Manufacturing-Heavy) to M-SC (Manufacturing-Service-Commercial); 3) Change the zoning classification of two parcels (APNs: 163-400- 004 and 008) consisting of approximately 2 combined acres of land located east of Van Buren Blvd., south of the Union Pacific Railroad and north of the Santa Ana River from M -H (Manufacturing-High) to C-1 C-P (General Commercial);
4) Change the zoning classification of one parcel (APN 163-300-005) consisting of approximately 57 acres located east of Van Buren Blvd. and north of the Santa Ana River from M -H (Manufacturing -Heavy) to W -1 (Watercourse, Watershed and Conservation Areas); and
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5) The City Council further directs the City Manager to revise the official Riverside County Zoning Map to re-designate the zoning of above referenced properties as identified above and as depicted in the Zoning Map attached hereto as Exhibit “A”.
Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it wo uld have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 6. Effect of Ordinance . This Ordinance is intended to su persede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this Ordinance.
Section 7. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 8. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.
PASSED, APPROVED, AND ADOPTED by the City Coun cil of the City of Jurupa Valley on this 7th day of July, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-11 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 16th day of June, 2022, and thereafter at a regular meeting held on the 7th day of July, 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 7th day of July, 2022.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
Exhibit A
Change of Zone from Manufacturing -High to Light Agricultural (A -1) and Natural Asset (N-A) for parcels with the following APNS: 174-040-017, 018, 019, and 020.
Change of Zone from Manufacturing -High (M-H) to Manufacturing -Service Commercial (M-SC) for parcels with the following APNS: 178-330-001, 002, and 003.
Change of Zone from Manufacturing -High (M-H) to Manufacturing -Service Commercial (M-SC) for parcels with the following APNS: 178-330-001, 002, and 003.
A-1
N-A
A-1
M-H
A-2
Change of Zone from Manufacturing -High (M-H) to General Commercial (C -1/ C-P) for parcels with the following APNS: 163-400-004 and 008.
Change of Zone from Manufacturing -High (M -H) to Watercourse, Watershed and Conservation Areas (W-1) for parcel with APN: 163-300-005.
Existing Zone Proposed Zone
M-H
M-H
C-1/C-P
C-1/C-P
M-H
Existing Zone Proposed Zone
W-1
Chair Hakan Jackson, Chair Pro Tem Armando Carmona,
Commissioners Penny Newman, Arleen Pruitt, Laura Shultz
Truck Intensive Use Land Use Update
Project Phasing Plan
Phase 1 January-July 2022
1. Change of zone- Change zoning to be consistent with the General Plan land use.
2. Business Park Zone Amendment - Update allowable land uses, required entitlements and development standards for the Business Park Zone.
Phase 2 June – December 2022
1. Pedley Limonite Study Area - Change zoning to be consistent with General Plan land use and existing land uses.
2. Bellegrave Van Buren Study Area- Change zoning to be consistent with the General Plan Land Use. A portion of Orco Block property requires a land use change to be consistent with the existing use.
Phase 3 January – December 2023
1. Rubidoux Blvd Business Park Corridor - Create new development standards for Rubidoux Business Park Corridor, that allows business park and commercial uses.
Also include new street plan and standards for Rubidoux from the freeway to 20th Street.
Phase 4 January – September 2024
1. North Rubidoux Master Plan – Develop a Master Plan to improve land use compatibility between industrial and residential in the Rubidoux area.
2. Flabob Airport Zoning – Update the zoning for the airport area with a focus on airport and airport support uses
Previous Environmental Document
Zoning Code Amendment No. 22001 (ZCA22001)
Change of Zone No. 22001 (CZ22001)
Lead Agency
City of Jurupa Valley
8390 Limonite Avenue Jurupa Valley, CA
92509 Contact: Jim Pechous, Principal Planner
(951) 332-6464
[email protected]
May 19, 2022
ATTACHMENT 5
Truck Intensive Ordinance, Phase 1 Zoning Implementation Program