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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, July 7, 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 Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
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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B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential lease of a portion of the real property owned by the City of Jurupa Valley located at 5293 Mission B l., Jurupa Valley (Jurupa Valley Operations Center). The parties to the negotiations for the purchase of the property are: City of Jurupa Valley, Riverside Community College District and MCE Corporation. Negotiators for the City of Jurupa are: Rod Butler, Michael Flad and Peter Thorson. Under negotiation are the price and terms of payment for the potential lease of a portion of the property.
C. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION. The City Council will meet in closed session with the C ity Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to three matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.
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 Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. APPROVAL OF AGENDA
8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
9. PUBLIC APPEARANCE/COMMENTS
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10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
11. CITY COUNCIL MEMBER ORAL/WRIT TEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS GENERAL ASSEMBLY MEETING OF JUNE 23,
2022
2. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS EXECUTIVE COMMITTEE MEETING OF
JUNE 24, 2022
B. 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
3. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY – AUDIT AND FINANCE
COMMITTEE MEETINGS OF JUNE 10, 2022 AND JUNE 24, 2022
4. UPDATE ON THE MOBILE SOURCE AIR POLLUTION
REDUCTION REVIEW COM MITTEE MEETING OF JU NE 1 6,
2022
5. UPDATE ON THE RIVERSIDE TRANSIT AGENCY MEETING OF
JUNE 23, 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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C. COUNCIL MEMBER GUILLERMO SILVA
1. UPDATE ON THE NORTHW EST MOSQUITO AND VEC TOR
CONTROL DISTRICT MEETING OF JUNE 16, 2022
12. CITY MANAGER’S UPDATE
13. APPROVAL OF MINUTES
A. JUNE 16, 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. CHECK REGISTER IN THE AMOUNT OF $5,808,614.75
Requested Action: That the City Council ratify the check registers dated May 26 and June 1, 10, 16, and 23, 2022 as well as the payroll registers dated May 27 and 31; and June 10 and 24, 2022.
C. ORDINANCE NO. 2022-09
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-09, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURU PA
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
D. ORDINANCE NO. 2022-10
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-10, entitled:
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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
ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B) (3) OF
THE CEQA GUIDELINES
E. ORDINANCE NO. 2022-11
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-11, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
ESTABLISHING A CHANGE OF ZONE FROM MANUFACTURING
HIGH TO LIGHT AGRICU LTURAL (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
F. APPROVAL OF AGREEMENT WITH FLOCK GROUP, INC.
Requested Action: That the City Council approve the Flock Group , Inc. Services Agreement in the amount of $55,000.00 for installation of 20 Flock Safety Cameras 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.
G. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND TRAUMA INTERVENTION PROGRAMS OF
RIVERSIDE COUNTY, INC. FOR PROVIDING EMOTIONAL AND
PRACTICAL SUPPORT SERVICES TO VICTIMS OF TRAUMATIC
EVENTS AND THEIR FAMILIES
Requested Action: That the City Council approve the agreement between the City of Jurupa Valley and Trauma Intervention Programs of Riverside County, Inc. (TIP) for providing emotional and practical support services to victims of traumatic events and their families 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.
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H. ADOPTION OF RESOLUTI ON APPROVING THE LOC AL ROADWAY
SAFETY PLAN AND FINDING THIS ACTION EXEMPT FROM CEQA
Requested Action: That the City Council adopt Resolution No. 2022-68, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING THE LOCAL ROADWAY SAFETY PLAN AND
FINDING THE PLAN IN CONFORMANCE WITH CIT Y OF JURUPA
VALLEY GENERAL PLAN AND FINDING THI S ACTION EXEMPT
FROM CEQA UNDER CEQA GUIDELINES SECTION 15262
I. ACCEPTANCE OF OFFERS OF DEDICATIONS ALONG HALL STREET
AND MARKET STREET ALONG THE FRONTAGE OF THE WHEELER
UPFITTERS PROJECT DEVELOPMENT, NORTHEAST OF HALL ST.
AND 24 TH ST. (REX 2353 LLC, A MICHIGAN LIMITED LIABILITY
COMPANY)
1. Requested Action: That the City Council accept the offer of dedication of an easement for public road and drainage purposes along existing Hall Street public right-of-way as described on DED21-005; and
2. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication of DED21-005; and
3. Accept the offer of dedication of an easement for public road and drainage purposes along existing Market Street public right -of-way as described on DED21-006; and
4. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication of DED21-006.
J. AMENDMENT NO. 4 TO T HE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY
OF JURUPA VALLEY FOR FY 2022-2023
Requested Action: That the City Council approve Amendment No. 4 to the Agreement for Professional Services by and between the County of Riverside and the City of Jurupa Valley for Fiscal Year 2022 -2023 and authorize the City Manager to execute the amendment in substantially the form attached to the staff report as approved by the City Attorney.
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K. CONSIDERATION AND APPROVAL OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMEMT WITH RSG, INC. FOR AN
AFFORDABLE HOUSING IN-LIEU FEE STUDY
Requested Action: That the City Council approve a First Amendment to the Professional Services Agreement between the City of Jurupa Valley and RSG, Inc. in the amount of $10,000 and a total not to exceed amount of $54,135 for additional work on an affordable housing in-lieu fee study and authorize the Mayor to execute the Amendment on behalf of the City.
L. INITIATION OF A ZONING CODE AMENDMENT FOR PROVISIONS
RELATED TO FAMILY DAY CARE HOMES TO COMPLY WITH
SENATE BILL 234
Requested Action: That the City Council initiate a Zoning Code Amendment for provisions related to Family Day Care homes to comply with Senate Bill 234.
M. APPROVAL OF AN AGREEMENT WITH T&B PLANNING FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
THE PROPOSED “VERNOLA RANCH” SPECIFIC PLAN; CASE
NUMBER: MA22153 (GPA22003, SP226A3, SP22001, TTM38504); LOCATION: WEST OF PATS RANCH ROAD, EAST OF INTERSTATE 15 (I-15), NORTH OF LIMONITE AVENUE, AND SOUTH OF BELLEGRAVE AVENUE; (APPLICANT: MCCUNE & ASSOCIATES, INC.)
Requested Action: That the City Council authorize the City Manager to execute an Agreement with T&B Planning for th e completion of an Environmental Impact Report (EIR) for the proposed “Vernola Ranch” Specific Plan in an amount not to exceed $203,663 to be funded entirely by an advance deposit made by the applicant.
N. PARTNERSHIP AGREEMENT WITH THE COUNTY OF RIVERSID E
EMERGENCY MANAGEMENT DEPARTMENT FOR THE PART -TIME
SERVICES OF AN EMERGENCY MANAGEMENT COORDINATOR
Requested Action: That the City Council approve funding and a partnership agreement with the County of Riverside Emergency Management Dept. (EMD) in the amount of $80,000 annually / $240,000 over three years.
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
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16. PUBLIC HEARINGS
A. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE EE) TO THE CIT Y OF JURUPA VALLEY L ANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED
(THE “DISTRICT”) AND THE LEVY AND COLLEC TION OF
ASSESSMENTS WITHIN S UCH TERRITORY AT THE SOUTHEAST
CORNER OF MISSION BO ULEVARD AND AGATE ST REET
INTERSECTION
1. Requested Action: That the City Council open the public hearing and take testimony, if any; and
3. Following the public hearing, staff recommends that the City Council adopt Resolution No. 2022-69, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , ORDERING THE ANNEXAT ION OF
TERRITORY (ZONE EE); LOCATED SOUTH OF GA LENA
STREET ALONG THE WES T SIDE OF TROY COURT , TO CITY
OF JURUPA VALLEY LAN DSCAPE AND LIGHTING
MAINTENANCE DISTR ICT 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
B. PUBLIC HEARING TO CONSIDER A RESOLUTION CONFIRMING THE
DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS ON ALL
LOTS AND PARCELS OF LAND THEREIN FOR JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1
CONSOLIDATED (JV L&LMD NO. 89 -1-C) - CITYWIDE AND
APPROVAL OF ENGINEER’S REPORT
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. 2022-70, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , CONFIRMING THE DIAGR AM AND
ASSESSMENT FOR ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21, 34, 61, 73, 78, 95, 102, 106, 126, 1 28, 132, 137, 141, 1 42, 173, 182, A, C, E, F, G, I, K, L, M, N, O, P, S, T, U, X, AND Z; AND STREET LIGHTING ZONES 5, 7, 15, 17, 19, 39 , 41, 62, 69, 86, 91 , 93, 94, 102, 2-A, 2-B, 2-C, 2-D, 2- E, AND 2 -F OF THE JU RUPA VALLE Y LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-
CONSOLIDATED OF THE CITY OF JURUPA VALLE Y AND
LEVYING ASSESSMENTS ON ALL LOTS AND PARC ELS OF
LAND THEREIN WITHIN THE BOUNDARIES OF SA ID ZONES
AND STREET LIGHTING ZONES FOR FISCAL YEAR 2022-2023
C. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT NO. 22003 (ZCA 22003) AMENDING THE JURUPA VALLEY MUNICIPAL
CODE BY REVISING THE W -1 ZONE (SECTION 9.225.010)
PERTAINING TO WATERCOURSE, WATERSHED AND
CONSERVATION AREAS
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 introduce Ordinance No. 2022-12, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, AMENDING THE JURUPA VALLEY MUNICIPAL
CODE CONCERNING THE W -1 ZONE (WATERCOURSE,
WATERSHED AND CONSERVATION AREAS) AND PERMITTED
USES WITHIN THE W -1 ZONE, AND FINDING AN EXEMPTION
FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA
GUIDELINES
17. COUNCIL BUSINESS
A. PRESENTATION AND DISC USSION OF THE FISCAL YEAR 2022 -2023
CITY WORK PLAN
Requested Action: That the City Council receive and file the City of Jurupa Valley’s Work Plan for the 2022-2023 Fiscal Year.
B. CITY COUNCIL ADOPTION OF RESOLUTIONS FOR THE 2022
GENERAL MUNICIPAL ELECTION
1. That the City Council adopt Resolution No. 2022-71,entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY, CALIFORNIA, CALLING A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF MEMBERS OF
THE CITY COUNCIL BY DISTRICTS 1 , 3 , A N D 5 AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES AND THE JURUPA VALLEY MUNICIPAL CODE
2. That the City Council adopt Resolution No. 2022-72, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
C. INTRODUCTION OF A CITY ORDINANCE, ADDING SECTION 2.37 OF
THE JURUPA VALLEY MU NICIPAL CODE ESTABLI SHING THE
PUBLIC WORKS ADVISOR Y COMMITTEE; AND ADO PTING A CITY
RESOLUTION CONFIRMIN G A STIPEND FOR MEMB ERS OF THE
PUBLIC WORKS ADVISOR Y COMMITTEE PUR SUANT TO SECTION
2.37.080 OF THE JURU PA VALLEY MUNICIPAL CODE; AND
ADOPTING A CITY RESO LUTION ABOLISHING TH E TRAFFIC
SAFETY COMMITTEE
1. That the City Council conduct a first reading and introduce Ordinance No. 2022-13, entitled:
AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF
JURUPA VALLEY , CALIFORNIA, ADDING SECTION 2.37 OF
THE JURUPA VALLEY MUNICIPAL CODE ESTABLISHING THE
PUBLIC WORKS ADIVSORY COMMITTEE
2. That the City Council adopt Resolution No. 2022-73, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, CONFIRMING A STIPEND
FOR MEMBERS OF THE PUBLIC WORKS ADVISORY
COMMITTEE
3. That the City Council adopt Resolution No. 2022-74, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, ABOLISHING THE JURUPA
VALLEY TRAFFIC SAFETY COMMITTEE
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D. APPROVAL OF RESOLUTIONS AUTHORIZING THE LEVY OF AN
ANNUAL SPECIAL TAX FOR THE CITY OF JURUPA VALLEY ACTING
IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2013 -001 (BELLEGRAVE), COMMUNITY FACILITIES DISTRICT NO. 2014 -001 (HARVEST), COMMUNITY
FACILITIES DISTRICT NO. 2014 -002 (MISSION ESTATES),
COMMUNITY FACILITIES DISTRICT NO. 2014 -003 (CANTERA),
COMMUNITY FACILITIES DISTRICT NO. 2015 -001 (RIVERBEND), COMMUNITY FACILITIES DISTRICT NO. 2015 -002 (SKYPARK),
COMMUNITY FACILITIES DISTRICT NO. 2016 -001 (QUARRY),
COMMUNITY FACILITIES DISTRICT NO. 2018 -002 (TRACT 36702), COMMUNITY FACILITIES DISTRICT NO. 2019 -001 (PARADISE
KNOLLS), COMMUNITY FA CILITIES DISTRICT NO. 2019 -002
(EMERALD RIDGE), COMMUNITY FACILITIES DISTRICT NO. 2020 - 001 (SHADOW ROCK), COMMUNITY FACILITIES DISTRICT NO. PS 2021-001 (PUBLIC SAFETY, PARADISE KNOLLS), AND COMMUNITY FACILITIES DISTRICT NO. PS 2021 -002 (PUBLIC SAFETY,
MONTECITO) FOR FISCAL YEAR 2022-23
Requested Action: 1) That the City Council adopt Resolution Nos. 2022-75, 2022- 76, 2022-77, 2022-78, 2022 -79, 2022-80, 2022-81, 2022-82, 2022-83, 2022-84, 2022-85, 2022-86, and 2022-87 authorizing the annual special tax for Community Facilities District No. 2013 -001 (Bellegrave), Community Facilities District No. 2014-001 (Harvest), Community Facilities District No. 2014 -002 (Mission Estates), Community Facilities District No. 2014 -003 (Cantera) and Community Facilities Di strict No. 2015 -001 (Riverbend), Community Facilities District No. 2015-002 (Skypark), Community Facilities District No. 2016 -001 (Quarry), Community Facilities District No. 2018 -002 (TRACT 36702), Community Facilities District No. 2019 -001 (Paradise Knoll s), Community Facilities District No. 2019 -002 (Emerald Ridge), Community Facilities District No. 2020 -001 (Shadow Rock), Community Facilities District No. PS 2021 -001 (Public Safety, Paradise Knolls), and Community Facilities District No. PS 2021 -002 (Pub lic Safety, Montecito) for fiscal year 202-23.
18. CITY ATTORNEY’S REPORT
19. COUNCIL MEMBER REPORTS AND COMMENTS
20. ADJOURNMENT
Adjourn to the Regular Meeting of July 21, 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
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time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
AGENDA ITEM NO. 13.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
June 16, 2022
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
Mayor Chris Barajas called the closed session meeting to order at 6:08 p.m.
Council Member Brian Berkson participated via teleconference.
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments regarding the closed session items.
B. CITY MANAGER ANNUAL PERFORMANCE EVALU ATION. The City Council met 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.
C. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION. The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reach ed where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED
SESSION
City Attorney Peter Thorson announced that there were no reportable actions taken.
RETURN TO AGENDA
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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
Mayor Chris Barajas called the regular meeting to order at 7:02 p.m. Council Member Brian Berkson participated via teleconference.
5. INVOCATION was given by members of the Suddhavasa Buddhist Meditation Center.
6. PLEDGE OF ALLEGIANCE was led by Rod Butler.
7. APPROVAL OF AGENDA
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Mayor Pro Tem Leslie Altamirano, to approve the Agenda.
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
Mayor Chris Barajas announced that Spanish translation services w ould be available for tonight’s meeting.
8. PRESENTATIONS
A. DROUGHT: THE CURRENT EMERGENCY AND FUTURE OF WATER -
PRESENTED BY LAURA ROUGHTON, BOARD MEMBER, WESTERN
MUNICIPAL WATER DISTRICT
Laura Roughton, representing Division 4 of the Western Municipal Water District Board of Directors gave a presentation on the WMWD, the current water drought, an opportunity to meet the General Manager Craig Miller, and to learn about “Solve the Water Crisis.” Craig Miller, General Manager, gave an overview of water in the state and the region and how the WMWD is implementing their drought response.
He reported that the new initiative is to help spread awareness about the devastating drought conditions and the need for action to make water a top state agenda item.
Arman Tarzi, Community Affairs Supervisor, Jurupa Community Services District, gave an overview of the JCSD and the services they prov ide. Mr. Tarzi reported that the JCSD is working diligently to inform customers about the drought situation
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and how they can become more water efficient by using incentives and educational tools.
B. QUARTERLY UPDATE – HEALTHY JURUPA VALLEY
Natalie Rocha, Assistant Director, Reach Out, gave a quarterly update on the Healthy Jurupa Valley Initiative.
C. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF
COMMERCE
Tyler Byrne, President, gave a quarterly update on the Jurupa Valley Chamber of Commerce.
9. PUBLIC APPEARANCE/COMMENTS
The City Clerk read a letter from Yesenia Villagomez regarding flooding issues on 50 th Street and her concern that Council Member Silva made a joke about the flooding.
The City Clerk read a letter from Roberto Gomez stating that he supports housing and new retail development. He voiced concern that a group has been sharing misleading information about taking animals away in historic Mira Loma and they are not open to discussion if you oppose one of their views.
The City Clerk read a lette r from Jesse Horta asking that the Council do everything they can to keep the current way living as he enjoys the animal keeping lifestyle.
The City Clerk read a letter from Carol Zurborg asking the Council to crack down on the unlicensed food vendors in the city, as they have no sanitary facilities and are taking business away from legitimate restaurants.
The City Clerk read a letter from Jackie Lee thanking the Council for their transparency and for being responsive to citizens even as some of their decisions are driven by state mandates. She stated that residents should be aware of who is behind the rumors as they are trying to smear their opponents before the election.
The City Clerk read a letter from Gary Deanna asking the Council to allocate fun ds for drainage in Mira Loma and to remove the new curbs, which are a safety issue for both horses and pedestrians. He encouraged the Council to preserve the City’s animal keeping lifestyle.
The City Clerk read a letter from Diana Castillo stating that s he is disappointed about the recent “propaganda” being spread in the community . She stated that residents are being manipulated by someone who is running for political office. As a taxpayer, she believes the City’s budget should be invested in the entire city and not just Mira Loma.
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The City Clerk read a letter from Yanin Martinez asking that the mayor and Council disregard the demands being made by the “bullies of Mira Loma” who are trying to strong arm to get their way. He stated that everyone deserves to have city funds invested into their streets and sidewalks.
Alfonso Gonzales stated that he teaches Mexican-American history at UCR and there is an important word called the “ bandito” who is a “sell-out.” He stated that those individuals are on the sid e of the corporations like the mega warehouses in Mira Loma. He voiced concern that Mira Loma currently has the last rancheros of Southern California, which are disappearing due to the mega development projects.
Jose (no last name given) stated that he has lived in Mira Loma since 1991. He voiced concern that residents have the right to keep their land and to speak up. He is opposed to changing the City’s agricultural zoning as he has animals and he would like to keep that animal keeping lifestyle and culture.
Roger (no last name given) outlined the problems that residents are experiencing in Mira Loma. He asked that the Council consider these issues and to help the residents.
Jean Leonard read a letter voicing opposition to a proposed development of condominiums that will require a zone change from agricultural zoning as it will be detrimental to nearby residents. She is also concerned that the development will create additional traffic, which will negatively impact existing neighborhood traffic.
Carole Schiessel addressed some of the housing issues as a result of state legislation and ways the City Council can mitigate some of that legislation. She urged the Council to preserve the equestrian sphere of influence as well as reducing the number of warehouses that are approved in the City. She voiced concern that the ADU’s in her neighborhood are creating parking problems.
Gloria Medina stated that she has lived in Mira Loma for 35 years. She voiced concern that the marijuana dispensaries in the City are becoming a problem for her and her grandchildren. She stated that she is not alone in her belief as many of her neighbors express the same view.
Laura Shultz stated that as a member of the equestrian community, she also sits on the Planning Commission. She encouraged members of the community to attend the Planning Commission meetings to learn about how development projects are approved. If the community want s to have a say in what happens she encouraged them to attend the meetings, as public input is always welcome.
Renae Rock thanked City staff who visited the Mira Loma area to see the drainage issues.
She requested that a report be provided to Council on a future agenda and that funds be allocated to repair the drainage issues, to remove the new curbs, and to have the mailboxes moved. She discussed how she has talked with neighbors and they are respectfully asking that something be done to resolve the issues.
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Vicki Goedhart stated that she lives near the Hobbs housing development. She voiced concern that she is sitting next to 3100 sq. ft. homes. The developer has since imported truckloads of dirt and packed the soil next to her home , which has changed the flow of water and is now causing flooding to her home. She asked that the City Council pressure the developer to fix this issue.
Hector Duran reminded the Council that the government of the United States gets it power from the people. Citizens in the United States shape their government and its policies and learning about America helps you understand your rights and your responsibilities and allows you to fully participate in the American process. The power to govern comes from the people. He encouraged members of the community to speak up and expose the needs of the community and to raise their voices respectfully.
Lorena (no last name given) stated that she is not here to be disrespectful, however, the visit to her neighborhood by Council Member Silva was not helpful and he and his father’s comments were disrespectful. She stated that she supports animal keeping and everyone in Mira Loma love their animals and they are here to speak up for them. She is asking for investment in Mira Loma to fix the flooding, horse trails and curbs.
Tami Kobold encouraged the Council to return phone calls and to fight for the residents.
She voiced concern that the “suits” are just making money from destroying the community.
Henry Escalera voiced concern that due to t he large number of visitors to the Downey Street Park, he cannot access his own driveway. He questioned why the homeowners in his neighborhood were not granted permit parking. He also suggested that the entrance be closed. He requested that stop signs b e installed on his street due to speeding vehicles. (Chuck Holbrook donated his time to Mr. Escalera).
Richard Miller requested that something be done about the Riverside County Animal Shelter and their rate of euthanasia. He and various volunteers work very hard to save the animals that are targeted for euthanasia and he would like something to be done about this issue.
Emmanuel Suarez spoke highly of Jurupa Valley and what it has to offer. He encouraged the Council to keep the current zoning and rural lifestyle, as too much development will be detrimental. He asked that there be a compromise and to continue to allow the community to grow in a more thoughtful manner.
Denise Avila spoke as a long-time resident, noting that she does not want the country way of living to change. Instead of new housing, she asked the Council to take care of residents and help clean up the community. She voiced a concern that the trees on her property are overgrown. She stated that people that do not like rancheros and the country living should not live here.
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Luis Castro stated that he has lived in Mira Loma for 15 years. He shared his experience living in the community. Approximately four years ago, there was an accident where a little six -year-old girl died because a d river would not stop. There have been many accidents because of a lack of stop signs. This problem exists all over Mira Loma. He asked that the Council install speed calming measures, stop signs, and more police patrols.
Roberto Ramirez stated that he i s here for the community. He stated that before their equestrian lifestyle goes, the Council will go. He urged the Council to be part of the community and not sell out the community to big developers and high-density housing.
He suggested that a community meeting be held to hear from residents. (Salvador Suarez donated his time to Mr. Ramirez).
Council Member Chris Barajas called a ten-minute recess.
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Brian Berkson reported on his attendance at the American Public Transportation Association (APTA) Rail Conference last week, noting that there were 1,500 attendees. He reported that several rail projects received millions of dollars in federal infrastructure funding. Locally, RTA is seeing an increase in ridership and supply chain issues are continuing to effect rail.
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments Executive Committee meeting of June 6, 2022.
2. Mayor Chris Barajas gave an update on the Western Community Energy Joint meeting of the Board of Directors and Technical Advisory Committee of June 8, 2022.
3. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments Administration & Finance Committee meeting of June 8, 2022.
B. COUNCIL MEMBER LORENA BARAJAS
1. Council Member Lorena Barajas Bisbee gave an update on the Western Riverside C ounty Regional Conservation Authority meeting of June 6, 2022.
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12. CITY MANAGER’S UPDATE
City Manager Rod Butler reported that the July 3 rd Independence Day Celebration and fireworks show is back this year and will be held at Vernola Family Park. The event will feature live music, food vendors, and game booths capped off by a fireworks show at 9:00 pm. Mr. Butler asked if the Council would like to allocate funding in the budget to study drainage issues citywide especially in the areas where there has been chronic flooding issues. He noted that this matter can be discussed during tonight’s budget discussion. He asked Mr. Joe Perez, Community Development Director to address some of the concerns that were expressed over the last few meetings regarding zoning.
Joe Perez, Community Development Director addressed issues related to rezoning for high density housing in Jurupa Valley and the state mandated obligations to increase the supply of housing. He reported that state law requires a minimum number of housing units, which is non-negotiable. He reported that after extensive analysis, the City Council identified high-density housing sites that would be away from the City’s rural and equestrian areas.
As a result, 80% of the sites that have been allocated for multi-family housing are located north of Mission and north of the 60 freeway. He reported that the City Council has no plans to rezone any existing properties, especially in the equestrian protection overlay zone as the City Council recognizes the value of preserving that overlay zone. He discussed what happens when a property owner wants to develop a project in an existing agricultural zone and the approval process if the property owner wishes to proceed.
13. APPROVAL OF MINUTES
A. JUNE 2, 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 June 2, 2022 regular meeting.
Roll Call:
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.
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B. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN
WHOLE OR IN PART BY T ELECONFERENCING 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
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 CI TY COUNCIL OF THE CI TY 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 WATE RSHED TMDL TASK FORC E COOPERATIVE
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
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including above-ground enclosures. Markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy a nd 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.
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 substantially 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 COR PORATION FOR THE
PREPARATION OF AN EN VIRONMENTAL IMPACT R EPORT FOR
THE PROPOSED “RIO VI STA SPECIFIC PLAN” P ROJECT, (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 a dvance deposit sufficient to cover the EIR and the City ’s administrative costs.
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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 i nclude minimum setbacks requirements.
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 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 to the staff report as approved by the City Attorney.
A motion was ma de by Council Member Lorena Barajas Bisbee , seconded by Council Member Guillermo Silva, to approve the Consent Calendar.
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. 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 CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMU NITY FACILITIES DISTRICT NO. PS 2022 -001
(PUBLIC SAFETY, EMERALD RIDGE SOUTH), GENERALLY
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LOCATED ALONG AVALON STREET, CANAL STREET, CANAL
STREET EXTENSION, AND 30TH STREET, TRACT 37893
Staff Report presented by Paul Toor, Director of Public Works.
Mayor Chris Barajas opened the public hearing and called for any public comments.
There being no further comments, the public hearing was closed.
A motion was made by Council Member Guillermo Silva, seconded by Council Member Lorena Barajas Bisbee, to adopt Resolution Nos. 2022-59 and 2022- 60, entitled:
RESOLUTION NO. 2022-59 - 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 RID GE 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
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
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
At the request of the Mayor, the City Clerk reported that one owner cast one ballot.
All votes cast were in favor of the special tax.
A motion was made by Council Member Guillermo Silva, seconded by Council Member Lorena Barajas Bisbee, to adopt Resolution No. 2022-61, entitled:
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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
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to 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, EMERAL D RIDGE SOUTH)
AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
B. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE DD) TO THE CIT Y OF J URUPA VALLEY LANDSCA PE 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 DISTR ICT 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)
Staff Report presented by Paul Toor, Director of Public Works.
Mayor Chris Barajas opened the public hearing and called for any public comments.
There being no further comments, the public hearing was closed.
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At the request of the Mayor, the City Clerk reported that one owner cast one ballot.
All votes cast were in favor of the proposed maximum assessment.
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Mayor Pro Tem Leslie Altamirano, to adopt Resolution No. 2022-62, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ORDERING THE ANNEXATION OF TERRIT ORY (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, ORD ERING THE
IMPROVEMENTS AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR FI SCAL YEAR 2023- 24 PURSUANT TO THE P ROVISIONS OF PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREE TS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFO RNIA
CONSTITUTION
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
At the request of the Mayor, the City Clerk reported that one owner cast one ballot.
All votes cast were in favor of the proposed maximum assessment.
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to adopt Resolution No. 2022-63, entitled:
A RESOLUTION 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 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 FI SCAL YEAR 2023- 24 PURSUANT TO THE P ROVISIONS OF PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREE TS AND HIGHWAYS CODE AND AS
PROVIDED BY ARTICLE XIII D OF THE CALIFO RNIA
CONSTITUTION
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Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
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 MANUFACT URING 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
Staff Report presented by Jim Pechous, Principal Planner. Mr. Pechous reported that this project is geared toward s the General Plan goals and to reduce truck impacts throughout the city.
Mayor Chris Barajas opened the public hearing and called for any public comments.
There being no further comments, the public hearing was closed.
Mayor Chris Barajas summarized the Council’s intent of limiting truck intensive uses and why this item is being considered tonight.
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Mayor Pro Tem Leslie Altamirano, to 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 analyzed in the Final Programmatic Environmental Impact Report (FEIR) for the “2017 General Plan of the City of Jurupa Valley” project certified by the C ity 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
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effects, and the Project does not involve new information o f substantial importance, which shows that the Project will have significant effects not discussed in the FEIR. All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contain ed 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 ; and introduce Ordinance No. 202 2-10, 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 CON FORMING CHANGES TO TITLE 9
AND FINDING THE ORDINANCE IS EXEMPT FORM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B) (3) OF
THE CEQA GUIDELINES
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
A motion was made by Mayor Pro Tem Leslie Altamirano, seconded by Council Member Lorena Barajas Bisbee , to introduce Ordinance No. 2022 - 11, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
ESTABLISHING A CHANGE OF ZONE FROM M ANUFACTURING
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, AN D 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
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Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
17. COUNCIL BUSINESS
A. RESOLUTION ADOPTING A BUDGET FOR FISCAL YEAR 2022-23
Staff Report presented by Connie Cardenas, Administrative Services Director.
Bernard Murphy thanked the Council for the new slurry seal in front of his home.
He referred to the budget for LL&MD 89 -1C, Zone 16, which includes trash receptacles along Mission Boulevard that are emptied by the Rubidoux Community Services District. He requested funding to replace some of the receptacles that have been removed over the past few years.
Council Member Brian Berkson requested that an additional $50,000 be allocated to the budget to conduct a citywide drainage study.
Mayor Chris Barajas requested that in addition to the drainage study, he would like to review the Riverside County Flood Control’s Master Plan, as flood -related responsibilities may also include the County. In addition, he requested that an additional $20,000 be allocated for the Jurupa Valley Rodeo as this is an event that the City should participate in . He asked City staff to consider Mr. Murphy’s request.
Council Member Lorena Barajas Bisbee requested that funds be allocated for a sufficient number of solar flashing stop signs, especially in the Mira Loma area or in areas of the City that have limited visibility.
Mayor Pro Tem Leslie Altamirano asked City staff to look into the possibility of printing the posted speed limit with directional arrows on the road.
Further discussion followed regarding the newly installed curbs in Mira Loma.
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to approve the proposed Operating Budget as amended to include $50,000 for a citywide drainage study and $20,000 for the Jurupa Valley Rodeo for the 2022/23 fiscal year, as initially presented May 19, 2022, which includes Council approved changes at the Workshop ; and adopt Resolution No. 2022-64, entitled:
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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
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
B. FISCAL YEAR 2021-22 YEAR-END BUDGET AMENDMENTS
Staff Report presented by Connie Cardenas, Administrative Services Director.
A motion was made by Mayor Pro Tem Leslie Altamirano , seconded by Council Member Lorena Barajas Bisbee , to approve Fiscal Year 2021 -22 Year-End Budget Amendments to the City’s Budget as presented in the exhibit to the staff report.
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
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
Staff Report presented by Connie Cardenas, Administrative Services Director.
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva , to approve the creation of one (1) new classification of Intern, including the job description and salary ra nge of R20 ($27.19 - $33.70); and approve the following positions 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 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 –
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R46 ($94,986 - $133,190); and 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 approve the increase to the Cafeteria Plan Allowance from $1,400 to $1,650 and the Cost of Livi ng 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 adopt Resolution No. 2022-66, entitled:
A RESOLUTION OF THE CITY COUNCIL O F THE CITY OF JURUPA
VALLEY, CALIFORNIA, ESTABLISHING A CLASSIFICATION AN D
COMPENSATION SCHEDULE FOR FISCAL YEAR 2022-23
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
D. AUTHORIZING STAFF CELL PHONE STIPEND
Staff Report presented by Connie Cardenas, Administrative Services Director.
Further discussion followed.
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Mayor Pro Tem Leslie Altamirano , to authorize a cell phone stipend in the amount of $60.00 per month, per staff member, authorized by the City Manager.
Roll Call:
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
18. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
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19. COUNCIL MEMBER REPORTS AND COMMENTS
Mayor Pro Tem Leslie Altamirano thanked City staff and all those who came out to support Healthy Mission Nutrition Bar in Rubidoux. It was a chance to meet neighbors and promote a local business. She stated that it was another positive community event and she is very grateful for the City’s support.
Council Member Guillermo Silva conveyed a Happy Father’s Day message. He encouraged residents to reach out to him with any questions or concerns.
20. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 11:17 p.m.
The next meeting of the Jurupa Valley City Council will be held July 7, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
Page | 1
120
STAFF REPORT
DATE: JULY 7, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.B
CHE
CK REGISTERS
RECO
MMENDATION
That
the City Council ratify the check registers dated May 26 and June 1, 10, 16, and 23, 2022 as well as the payroll registers dated May 27 and 31; and June 10 and 24, 2022.
The C
ity Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2021- 22 Budget was adopted on June 17, 2021. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.
ANAL
YSIS
A
ll expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The check register dated May 26, 2022 includes payment of $16,834.01 to Chase Card Services. The statement with purchase details are attached herewith.
OT
HER INFORMATION
N
one.
F
INANCIAL IMPACT
C
heck registers:
05/26/
22 $ 1,149,610.48
06/01/22 $ 589,671.14
06/10/22 $ 2,557,130. 65
06/16/22 $ 337,511.33
06/23/22 $ 436,962.05
RETURN TO AGENDA
AGENDA ITEM NO. 14.C
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
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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 Cit y 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
AGENDA ITEM NO. 14.D
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, 2022, 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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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 deve lopment 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 commerci al 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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The Code Amendment requires high-quality architecture 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 deletions 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 intended 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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(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 permit 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 kitchens, 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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(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 bu ilding (utility, small commercial trucks or tractor trailer)
(10) Alcoholic beverage sales for off -premise consumption 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 safe 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. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 6. Effect of Ordinance . This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by 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 dat e provided in Government Code Section 36937.
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12774-0001\2665099v2.doc
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
AGENDA ITEM NO. 14.E
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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.
RETURN TO AGENDA
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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 Impact 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 “2017 General Plan of the City of Jurupa Valley” project and the Project are adeq uately 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 Determina tion, 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, as 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 proc eedings 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 from M -H (Manufacturing -Heavy) to W -1 (Watercourse, Watershed and Conservation Areas) which is c onsistent 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 Sierra 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 S t. 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 Uni on 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 would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 6. Effect of Ordinance . This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by 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 Council of the City of Jurupa Valley on this 7th day of July, 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 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
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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
Page | 1
120
STAFF REPORT
DATE: JULY 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.F
APPROVAL OF AGREEMENT WITH FLOCK GROUP, INC.
RECOMMENDATION
It is recommended that the City Council approve the Flock Group , Inc. Services Agreement in the amount of $55,000.00 for installation of 20 Flock Safety Cameras and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
At the July 15, 2021 meeting, the Council received a presentation from Jesse Mund of The Flock Group , Inc. He discussed the capabilities and public safety attributes of the Flock Camera System and the cost effective system that is being used by the cities of Norco, Corona, Lake Elsinore, Moreno Valley, Menifee, Hemet, San Jacinto, Beaumont, Ontario and Redlands. The direction of Council was to come back with additional detailed information and to identify intersections for camera installations.
At the October 21, 2021 Council meeting, Lt. Young and Jesse Mund of the Flock Group, Inc. discussed detailed data with statistics of the Flock Camera System. The S heriff’s Department identified eight intersections where the Flock camera system would be established, as it would cover the majority of the City’s vehicle traffic flow . The intersections are Van Buren Blvd. and Etiwanda Ave., Rubidoux Blvd and Market S t., Sierra Ave. and Armstrong, Mission Blvd and Crestmore Rd., Mission Blvd and Riverview Dr., Limonite Ave. and Etiwand a Ave., Van Buren Blvd and Clay St., and Mission Blvd and Ben Nevis Blvd.
At the March 17, 2022 Council meeting, the cost of $55,000 was included and approved as part of Agenda Item No. 16 A., Mid-Year Budget Presentation and Amendments.
RETURN TO AGENDA
Page | 3
Attachments:
1. Jurupa Valley RSO Flock Group Inc. Services Agreement
2. Jurupa Valley Proposed Flock Camera Locations
3. Flock Camera Overview
2612900
RSO
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM JUNE 09 2022
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).
Agency: CA - City of Jurupa Valley
Legal Entity Name: City of Jurupa Valley{r}\
Contact Name: Jason Sexton
Address:
8930 Limonite Ave
Jurupa Valley, California 92509
Phone: (951) 955-2600
Jason Sexton
E-Mail: [email protected]
Expected Payment Method:
Check
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
Phone: (951) 332-6464 x 200
Rosie Corona [email protected]
Initial Term: 12 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 30 per
terms and conditions
2612900
Name Price QTY Subtotal
Flock Falcon Camera $2,500.00 20.00 $50,000.00
Implementation Fee $250.00 20.00 $5,000.00
(Includes one-time fees)
Year 1 Total $55,000.00
Recurring Total: $50,000.00
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement. \FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Agency: CA - City of Jurupa Valley
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
2612900
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block of the order form (“Agency”) (each a “Party,” and together, the “Parties”).
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles (“Footage”) and can provide notifications to Agency upon the instructions of Non-Agency End User (“Notifications”);
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users, to the extent permitted by law;
WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.
2612900
1.1 "Agency Data” will mean the data, media and content provided or made accessible to Flock by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.
1.2. “Agency Hardware ” shall mean the third-party camera owned or provided by Agency, if any, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term “Agency Hardware ” excludes the Embedded Software.
1.3 “Authorized End User(s)” shall mean any individual employees, agents, or contractors of Agency including RSO, accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
1.4 “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.
1.5 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Agency Hardware.
1.6 “Flock IP” will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.
1.7 “Footage” means still images captured by the Hardware in the course of and provided via the Services.
1.8 “Hardware” or “Flock Hardware” shall mean the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Hardware” excludes the Embedded Software.
1.9 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.10 below.
1.10 “Installation Services” means the services provided by Flock pursuant to the Statement of Work, Exhibit “A” hereto, including any applicable installation of Embedded Software on Agency Hardware.
1.11 “Non-Agency End User(s)” shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.
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1.12 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. Services includes the Installation Services.
1.13 “Support Services” shall mean Monitoring Services, as defined in Section 2.9 below.
1.14 “Unit(s)” shall mean the Hardware together with the Embedded Software.
1.15 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.
1.16 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.
1.17 "Aggregated data" means information that relates to a group or category of individuals, from which all individuals’ identities and personal information have been permanently “anonymized”. The Parties understand and agree that it is technologically difficult to render data truly “anonymous”. Therefore, as used in this Section 1.17, the term “anonymization” means and refers to use of commercially available technology that irreversibly alters data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly, either by the person or entity which alone, or jointly with others, determines the purposes and means of processing of the data. “Anonymized data” means data that has been produced through the foregoing described process of anonymization. Use of “Aggregated data” derived from Agency Data or Non-Agency End User Data, is only permitted under this Agreement provided all such Data to be used is rendered “anonymized data”, as referenced and described above.
1.18 “RSO” means the Sheriff’s Department of the County of Riverside, California.
1.19 “Applicable Laws” means Title 1.81 of Part 4 of Division 3 of the California Civil Code, including Section 1798.90.5, et seq., and the California Consumer Privacy Act, Section 1798.100, et seq., Government Code Section 7284, et seq., and any and all other applicable local, State and federal laws and regulations.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency ’s designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Any authorized destruction of Agency Data, including Footage, shall be in compliance with NIST SP800-88, or other standard which ensures that, to the extent technically feasible, deleted or 2612900
destroyed data cannot be recovered or recompiled, nor can any content of the data be interpreted, identified, or otherwise made readable. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Access by any Authorized End User to the Flock Services shall require 2-step verification. Flock will also provide Agency with the Documentation to be used in accessing and using the Services.
Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users, provided any such third parties with access to Agency Data and Non-Agency End User Data maintain confidentiality of Agency Data and Non- Agency End User Data, as required of Flock herein. Flock will pass-through any warranties that Flock receives from its then current third-party service provider to the extent that such warranties can be provided to Agency. Warranties provided by said third party service providers are the Agency’s sole and exclusive remedy and flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface.
Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time provided, however, that nothing in any such third party policy or agreement shall operate to prevent Agency’s full use of the Flock Services, or impose any obligation on Agency not set forth herein. Agency shall not be bound by the terms of any “click-through” end user license or similar agreement, in order to fully utilize the Services.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right and license to use the Documentation during the Service Term in connection with its use of the Services as contemplated herein, and under Section 2.4 below.
2.4 Usage Restrictions.
a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (“Permitted Purpose”). Agency will 2612900
not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.
Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency ’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts to provide written notice of 2612900
any Service Suspension to Agency and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension that is not the result of the gross negligent acts or omissions of Flock. To the extent that the Service Suspension is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted.
2.7 Installation Services.
2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a “Designated Location”). Flock shall have final discretion on location of Units, with explicit approval from Agency. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan (“Reinstalls”) will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware.
2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding 2612900
tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware disclosed and approved in advance by Agency, including but not limited to third-party personnel (i.e.
Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary) required by law, such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services.
Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware.
2.7.3 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner, in compliance with any and all Applicable Laws, statutes, and regulations, and in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party acceptable to Agency. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware.
2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock’s discretion, but in compliance with all Applicable Laws.
Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials 2612900
are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
Notwithstanding the foregoing, at all times while performing Installation Services, Flock agrees to utilize due care and to comply with any and all Applicable Laws including CalTrans’ regulations for roadway management, related to maintaining safety of the public, public roadways, and any and all other public property to be utilized during, and as part of, the Installation Services. Flock shall promptly repair, at Flock’s sole expense, any public property damaged by Flock or anyone acting on behalf of Flock while or as a result of performing Installation Services.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).
Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected] . Flock will use
commercially reasonable efforts to respond to requests for support.
2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency’s consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
2.11 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its Agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
2.12 Insurance and Indemnity. To the maximum extent permitted by law, Flock shall indemnify, defend, including payment of reasonable attorneys’ fees, and hold the Agency, the County of Riverside, and Agency’s and County’s elected officials, officers, employees, agents, and volunteers, harmless with respect to any and all claims, liabilities, stop notices, damages, and losses, arising out of, related to, or incurred in connection with Flock’s performance of Installation Services, whether performed by Flock, Flock employees, any Flock subcontractor, or anyone else acting on Flock’s behalf.
At all times during the term of this Agreement and while performing Installation or maintenance Services, Flock shall maintain for the benefit of Flock and the Agency:
(a) Workers compensation insurance in such amount as required by California law;
(b) Commercial general and automobile liability insurance, each with limits of not less than $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage, using an ISO or Accord form acceptable to Agency’s Risk Manager;
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(c) Cyber liability with limits of not less than $2,000,000 per occurrence, providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of Agency Data and Non-Agency End User Data; (ii) data breach including theft, destruction, and/or unauthorized use of Agency Data and/or Non-Agency End User Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of Agency Data and/or Non-Agency End User Data.
Said policies of insurance shall (i) name the Agency, the County of Riverside, and Agency’s and County’s elected officials, officers, employees, agents, and volunteers as additional insureds; (ii) be primary and non-contributing to any insurance maintained by the Agency; (iii) waive the right of subrogation; (iv) be issued by an insurer(s) with a Best rating of not less than A:VII; (v) require not less than 30 days’ prior notice be given to the Agency prior to any required insurance being cancelled or not renewed; and (vi) be in such form as otherwise required by the Agency’s risk manager.
Flock shall not commence Installation Services unless and until insurance certificates and required endorsements, evidencing the required insurance, have been provided to Agency.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Flock will assist Agency end-users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person.
Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services. Notwithstanding any assistance being provided by Agency, Flock shall remain responsible for compliance with the requirements of Section 2.7 herein.
NOTWITHSTANDING ANY OTHER PROVISION HEREIN, FLOCK ACKNOWLEDGES AND AGREES THAT RSO WILL BE AN “AUTHORIZED END USER” AND THE OPERATOR OF THE ALPR SYSTEM
INCLUDING ALL HARDWARE, FLOCK IP, AND THE SERVICES AS PERMITTED BY THIS AGREEMENT,
AS IT IS THE LAW ENFORCEMENT AGENCY PROVIDING LAW ENFORCEMENT SERVICES FOR THE
AGENCY AND THAT IT IS RSO THAT WILL BE ACCESSING AND USING THE ALPR DATA COLLECTED BY THE FLOCK HARDWARE, SOFTWARE AND SYSTEM. FLOCK SHALL EXTEND TO
RSO THE SAME RIGHTS AND BENEFITS OF THIS AGREEMENT AS ARE PROVIDED TO THE AGENCY, INCLUDING, WITHOUT LIMITATION, THE RIGHTS AND BENEFITS OF THIS SECTION 3, SECTION 4, SECTION 7, SECTION 8, AND SECTION 9 AND RSO SHALL BE RESPONSIBLE FOR COMPLIANCE WITH THESE SECTIONS.
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3.2 Agency Representations and Warranties. Agency represents and, covenants, that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, to the extent permitted by law. Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and the California Public Records Act, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Hardware, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units (“Agency Data”). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency’s neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, the California Public Records Act, or subpoena, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so and permitted by all Applicable Laws, or if lawful, and Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetualroyalty-free right and license (during and after 2612900
the term hereof) to disclose the Agency Data (inclusive of any Footage), if permitted under all Applicable Laws, to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Subject to all provisions herein, Flock may store deleted Footage in order to comply with applicable legal obligations but such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data.. As between Flock and Agency, all right, title and interest in the Agency Data, belongs to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to lawfully provide the Flock Services to Agency, including without limitation the Support Services set forth in Section
2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below). As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency (excluding Flock), each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data.
This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days unless subject to a litigation hold after written notice by Agency. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion.
Notwithstanding any other provision herein, Flock shall: (a) keep and maintain Agency and Non-Agency End User Data (“Data”) in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose the Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and applicable law; (c) allow access to the Data only to those employees or agents of Flock who are directly involved with and responsible for providing the Services, and/or third parties bound in writing to maintain confidentiality of the Data; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available any of the Data for Flock’s own purposes or for the benefit of anyone other than Agency without Agency’s prior written consent, or as otherwise provided herein.
4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze anonymized data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data 2612900
derived therefrom). For the sake of clarity, Aggregated Data is defined in Section 1.7 herein. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services.
Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only if authorized under Applicable Laws, and only if Agency has expressly and verifiably authorized Flock to share such data with that particular law enforcement agency, and only to the extent of that authorization. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Aggregated Data.
4.5 Security of Agency Data and Non-Agency End User Data. In storing, handling, transmitting, and/or accessing Agency Data or Non-Agency End User Data (“Data” in this Section 4.5), Flock shall incorporate a comprehensive set of data security protocols comprising a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or exceed the security controls identified in the current version of NIST SP800-53, to protect Data at rest, Data in use, and Data in transit, and that, at minimum: (i) control access to Data; (ii) include regular audits, including threat assessments, to evaluate susceptibility to unauthorized access; (iii) provide regular maintenance and updating to ensure current cyber threats are identified and proactive defensive measures are undertaken; (iv) meet all current rules, regulations and standards of the Criminal Justice Information Services, Division of the Federal Bureau of Investigation (CJIS), including ensuring that persons having access to Data are free of criminal history or any other security threat that would otherwise disqualify any such person from accessing confidential criminal justice information under current rules, regulations and standards of the CJIS; and (v) provide for the physical and environmental protection of all Data.
In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of Agency Data or Non- Agency End User Data, or the physical, technical, administrative, or organizational safeguards put in place by Flock that relate to the protection of the security, confidentiality, or integrity of that Data, Flock shall, as applicable: (a) notify Agency as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; and, (b) cooperate with Agency in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Agency consistent with applicable laws. Notification to affected individuals, as described above, shall comply with applicable law.
Any and all cloud based storage shall be in compliance with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto. All data storage shall be provided solely within the continental United States and on computing 2612900
and data storage devices residing therein, and all such locations shall be disclosed to Agency promptly upon request.
Agency shall have full and complete access to, and ability to download, its Agency Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Flock. Agency may at any time, provide Flock with a written “litigation hold”, therein requiring Flock to isolate and maintain any Agency Data that becomes relevant to any criminal or civil action involving Agency or RSO. Flock shall comply with the litigation hold and confirm that the subject records have been identified and isolated, pending release by Agency. During the period of the litigation hold, Flock shall make the records that are the subject of the litigation hold available to Agency.
To the maximum extent permitted by law, Flock shall indemnify, defend and pay reasonable attorneys’ fees and costs, and hold the Agency, the County of Riverside, and Agency’s and County’s elected officials, officers, employees, and agents free and harmless, with respect to any and all claims and liabilities to the extent arising out of, related to, or incurred in connection with any unauthorized access to or theft of Agency Data or Non-Agency End User Data, including any and all related bank charges in the case of identity theft, provided, however, that Flock’s performance of indemnification hereunder and liability for “cyber theft” shall be limited to Flock’s cyber liability insurance policy limits set forth in this Agreement.
5. PAYMENT OF FEES
5.1a Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card.
5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30 th day following receipt of invoice. Upon
completion of installation and successful testing and acceptance, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice. 2612900
5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock’s Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.
If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income.
6. TERM AND TERMINATION
6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement may renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) upon written notice of renewal prior to the end of the then-current term.
6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement may renew for successive renewal terms for the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) upon written notice of renewal prior to the end of the then- current term.
6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Provision of a notice of non-renewal, as provided in this Section 6, shall not be deemed to be a termination for convenience. Termination for convenience will result in a one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the 2612900
term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination.
6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.
6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to ‘hot- list’ alerts, which may include ‘hot tags’, stolen vehicles, Amber Alerts, etc. (“No-Fee Term”). In the event a Non- Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may terminate any No- Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.
6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 2.12, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.3, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, 2612900
damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
Flock is under no obligation to replace or repair Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software in any manner.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
Infringement. Notwithstanding any other provision herein, Flock shall indemnify, defend and pay reasonable attorneys’ fees and costs, and hold the Agency and County, and their elected officials, officers, employees, agents and volunteers harmless with respect to any and all claims, judgments, and liabilities alleging infringement or violation of any intellectual or proprietary property right, as a result of Agency’s use of the Services and/or the Hardware in accordance with the provisions of this Agreement. Should Agency be prevented from using the Services or any of the Hardware as a result of any such infringement claim or violation, at Flock’s expense, Flock shall (i) obtain all rights for Agency to utilize the Services and/or Hardware; (ii) provide alternate services or hardware providing substantially the same functionality; or (iii) provide a pro-rata refund of sums paid for Services not rendered due to Agency’s inability to use the Services and/or Hardware due to such infringement, and, remove all Hardware and restore each Hardware site to its original condition, reasonable wear and tear excepted.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY ’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 2612900
7.5 Insurance. Flock will maintain liability policies as described in Section 2.12, herein.
7.6 Force Majeure. Neither party is responsible or liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of the other party.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS,
AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR
LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS
RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY,
INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL
KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL
OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE
RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA.
THIS SECTION 8 SHALL NOT APPLY TO, AND NOTHING IN THIS SECTION 8 SHALL LIMIT, FLOCK’S LIABILITY ARISING OUT OF, ANY INDEMNITY OR INSURANCE PROVISION OR OBLIGATION HEREIN.
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.
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8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock’s suppliers unless they intentionally or negligently cause injury or loss to Agency.
8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, or proven violation of any applicable law, statute, or regulation. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement.
9. RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock’s behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.
10. MISCELLANEOUS
10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable and no required performance may be subcontracted, by either party, without prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent upon its sale or merger.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), and any and all Exhibits and attachments, all of which are incorporated by reference herein, are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency’s 2612900
purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict or inconsistency between the provisions of this Agreement and any attached, linked or other document incorporated by reference herein, the provisions of this Agreement shall govern.
10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect whatsoever.
10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California. The parties hereto agree that venue shall be the State or federal court having jurisdiction over the County of Riverside, California. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
10.6 Publicity. Flock has no right to reference or use Agency’s/RSO’s name, logos, seals, or trademarks and or to disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website, without Agency’s/RSO’s prior, written consent.
10.7 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.
10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.
10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e- 2612900
mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
10.11 Compliance with All Laws. In providing the Services, including Support Services, Flock shall comply with all Applicable Laws, local, State, and federal laws and statutes. Furthermore, some or all of the Installation Services constitute “public works” as defined in California Labor Code Section 1720. As to any and all work performed by Flock constituting public works, Flock shall comply with all California Labor Code requirements set forth in Exhibit “B” hereto and incorporated by reference herein.
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EXHIBIT A
SCOPE OF WORK
Installation of Flock Camera on existing pole or Flock supplied pole if required.
Per terms of agreement item 2.7 Installation Services and Designated Locations Item 2.7.1
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EXHIBIT “B”
CALIFORNIA LABOR CODE COMPLIANCE
1. Flock (“Contractor herein”) acknowledges that certain work under this contract is subject to the provisions of Division 2, Part 7, Chapter (commencing with Section 1720) of the California Labor Code relating to public works of the awarding public agency (“City” herein), and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. This contract calls for work that is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations.
These rates are on file with the City Clerk or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
3. Copies may be obtained at cost at the City Clerk's office, except when City’s City Hall is closed due to a local emergency.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 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, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.
4. In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only, pursuant to Labor Code Section 1771.1(a)].
5. Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
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8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date ____________________ Signature ________________________________ Rod Butler, City Manager
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120
STAFF REPORT
DATE: JULY 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 14.G
AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND TRAUMA INTERVENTION PROGRAMS OF
RIVERSIDE COUNTY, INC. FOR PROVIDING EMOTIONAL AND
PRACTICAL SUPPORT SERVICES TO VICTIMS OF TRAUMATIC
EVENTS AND THEIR FAMILIES
RECOMMENDATION
That the City Council approve the Agreement between the City of Jurupa Valley and Trauma Intervention Programs of Riverside County, Inc. (TIP) for providing emotional and practical support services to victims of traumatic events and their families and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
Trauma Intervention Programs Inc. (TIP) is a national non-profit organization founded in 1985. TIP has 14 affiliates serving over 250 cities across the nation. Each affiliate uses specially trained citizen volunteers to respond to traumatic incidents to support victims and their families in the first few hours following a tragedy.
TIP has received the prestigious Innovations Award in State and Local government from Harvard University and the Ford Foundation, the Crime Victim Service Award from the US Justice Department and the Governor's Victim Service Award from the State of California.
The Riverside County Chapter of TIP was founded in 1993. There are currently 38 volunteers serving nine jurisdictions, seven hospitals and five public safety agencies. The Chapter receives support and guidance from TIP National.
TIP Volunteers are available 24 hours a day, 365 days a year. They are called by police officers, firefighters, paramedics, and hospital personnel to assist family members and
RETURN TO AGENDA
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friends following a natural or unexpected death; victims of violent crime including rape, assault, robbery, or burglary; victims of fire; disoriented or lonely elderly persons; people involved in motor vehicle accidents; people who are distraught and seeking immediate support; and survivors of suicide.
ANALYSIS
The Riverside Chapter currently serves nine cities (Canyon Lake, Hemet, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Perris, San Jacinto, Temecula), seven local hospitals (RUHS, KPC Global Menifee, KPC Global Hemet, Inland Valley Medical Center, Loma Linda Murrieta, Rancho Springs Medical Center and Temecula Valley Hospital) and five public safety agencies (Murrieta, Menifee, Hemet, Riverside County and Cal Fire Department).
The TIP Program helps prevent what mental health professionals call the “Second Injury.” The Second Injury is a victim’s perspective that the emergency system did not provide the support needed after a tragic event. Emergency personnel simply do not have the resources to provide this type of follow-up support after an incident.
TIP volunteers graduate from a 55-hour National Training Academy, complete a 3-month field-training period, pass a background check and attend mandatory monthly continuing education meetings. TIP volun teers provide emotional support, serve as information liaisons between the survivors and the system, serve as protectors and help the survivors get organized. Every TIP client receives a Resource Guide containing helpful information.
TIP volunteers do not give advice, provide counseling, pray, or provide transportation.
Examples of When TIP is called:
For family members after the injury or death of a loved one. For witnesses and bystanders on scene of a tragic event. For drivers who accidentally injured or killed someone. For employees after a tragic accident in the workplace. For survivors of major transportation accident.
For family and friends of attempted or completed suicide. For emotionally distraught patients who are alone in the hospital. Domestic violence survivors
If approved, the Riverside Chapter of TIP will host a volunteer training program at the Jurupa Valley Operations Center (JVOC) to recruit volunteers in Jurupa Valley. The volunteers will be trained as crisis responders to provide emotional and practical support to the victims of traumatic events. The trainings will be held in the evenings and on weekends. Under this Agreement, the City would pay a not-to-exceed amount of $12,720 (106,000 population x .12) for the services rendered as described in the attached Agreement.
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA
VALLEY AND TRAUMA INTERVENTION PROGRAMS OF RIVERSIDE COUNTY, INC.
THIS AGREEMENT is made and effective as of July 7, 2022, between the City of Jurupa Valley (“City”) and Trauma Intervention Programs of Riverside County, Inc., a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on July 7, 2022, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
A. The City is desirous of TIP providing a range of emotional and practical support services to victims of traumatic events and their families. Victims of traumatic events sometimes require assistance in making arrangements for shelter, food, transportation and receiving necessary information and referral services. TIP is a contractor which has the ability to provide such services. The parties wish to enter into an agreement whereby TIP will furnish such services.
B. TIP shall make available to the City sufficient information to enable the City to contact the appropriate TIP volunteer, including 24-hour on-call phone number, address, and names of volunteers, supervisors (when appropriate), as well as alternate or backup telephone numbers.
C. TIP or TIP's employees and/or volunteers shall provide all vehicles and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of said equipment and vehicles.
D. TIP shall provide all personnel, volunteers, supplies, and equipment necessary for the efficient and effective operation of the services and programs provided for herein.
E. Upon the request of or referral by the City, or as otherwise agreed upon, TIP personnel shall provide on-scene emotional and practical support to the victims of traumatic events and their family members (hereinafter "clients"). Said emotional and practical support services shall include but shall not be limited to providing on-scene emotional support to clients; making necessary telephone calls; making arrangements for clean-up services; notifying family, friends and others; referring to follow-up services; providing information and referral services; performing one follow-up contact to verify the client's welfare.
3. Performance
Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. Payment
The City of agrees to pay TIP a not to exceed amount of $12,720 for the term of the Agreement (106,000 population x 12¢) for the services to be performed hereunder. The City agrees to pay, in advance, unless some other method of payment is mutually agreed to in writing.
A. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
B. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect o computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling , transferring and printing computer files.
8. Indemnification.
Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
9. Insurance Requirements.
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
10. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
12. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
14. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: Trauma Intervention Programs of Riverside County, Inc.
Post Office Box 585
Murrieta, CA 92564
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Chris Barajas
Mayor
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
CONSULTANT
By:
Name: Magda Stewart
Title: Chief Executive Officer
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120
STAFF REPORT
DATE: JULY 7, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJ
ECT: AGENDA ITEM NO. 14.H
ADO
PTION OF RESOLUTION APPROVING THE LOCAL ROADWAY
SAFETY PLAN AND FINDING THIS ACTION EXEMPT FROM CEQA
RECO
MMENDATION
1) That
the City Council adopt Resolution No. 2022-68, entitled:
A RESO
LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING THE LOCAL ROADWAY SAFETY PLAN AND
FINDING THE PLAN IS IN CONFORMANCE WITH CITY OF JURUPA
VALLEY GENERAL PLAN AND FINDING THIS ACTION EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTION 15262
BACKGROUND
In 2019, the City was awarded a grant of $72,000 (90 percent of the total $80,000 project cost) by the California Department of Transportation (Caltrans) for the development of the Jurupa Valley Local Roadway Safety Plan ( LRSP). The LRSP provides a framework for the City to identify, analyze, and prioritize roadway safety improvements on City roads.
The process of developing the LRSP was tailored to local protocols, needs, and issues.
However, safety projects stemming from the LRSP need to be consistent with Federal and S tate project funding requirements if those funds will be used for project implementation. Also, the LRSP is a living document that will continually be reviewed and updated to reflect changing local needs and priorities.
To support the goal of funding identified and documented safety issues, safety -funding programs have moved to a data- driven approach to funding safety -related projects.
California has a data-driven and comprehensive Strategic Highway Safety Plan (SHSP) that defines goals, objectives, and strategies to reduce fatalities and serious injuries on all public roads. The SHSP development is led by Caltrans in collaboration with the
RETURN TO AGENDA
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Governor’s Office of Highway Safety, local governments, law enforcement, educators, emergency services, and other stak eholders and is a major component of the Highway Safety Improvement Program (HSIP).
The HSIP is a Federal-aid program that incorporates a data-driven, strategic approach to improving highway safety that focuses on performance. The program supports highway safety improvement projects that are consistent with the data- driven SHSP and is designed to improve the safety of a road location or feature or to address a highway safety issue; that is, the SHSP provides a strategic direction for a s tate’s safety investment decisions, and the HSIP supports and finances projects specifically targeting roadway and intersection locations by identifying and implementing countermeasures to improve the safety of the site.
The LRSP identifies a vision, mission, and goals for roadways in Jurupa Valley that align with those established in the California Department of Transportation (Caltrans) 2020- 2024 Strategic Highway Safety Plan (SHSP), which include the following:
Vision: Safe public roads for all users.
The vision emphasizes that safety on all public roads across the state is critical to serve the needs of the diverse population and system of California.
Mission: Ensure safety for all modes of travel.
The mission expands on the vision by acknowledging that safety on all public roads includes all modes of travel. California has an active and diverse population that utilizes a variety of modes that share common space on public roads.
Goal: Toward zero fatalities and severe injuries.
Expanding on the national Toward Zero Deaths (TZD) goal. The goal encourages setting realistic and achievable steps for California to move toward zero fatalities and severe injuries.
Additional goals the City of Jurupa Valley has based on the results of the LRSP collision analysis and input from safety partner stakeholders include:
• Reduce the number of collisions resulting in death or severe injury by 10% by 2027. • Reduce improper turning and failure-to-yield collisions by 15‐20% by 2027. • Reduce property damage to City assets by 20% due to collisions by 2025. • Reduce unsafe speed / right of way collisions resulting in death or severe injury by 15% by 2027.
• Reduce the number of persons killed and severely injured in alcohol/drug-involved collisions to less than 5% of all collisions by 2025.
The Jurupa Valley LRSP also aligns itself with the Mission of the Jurupa Valley General Plan of “…support the creation and maintenance of transportation networks (e.g., multi - use equestrian, pedestrian and bicycle trails, complete streets, sidewalks, airport, rail, and public transit) that are safe, attractive, and efficient and provide connectivity to meet the diverse needs for the movement of people and goods,” and more specifically with the strategic goal of maintaining safe communities.
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Two roles of this safety plan are to increase transportation safety awareness among the residents and visitors of Jurupa Valley, and to build and maintain working relationships with stakeholders to assist in the efforts of public outreach regarding transportation safety, while implementing engineering and behavioral safety improvements on the C ity’s mobility network.
The LRSP program will also be used to support requests for grant requests through the HSIP to provide funding for the implementation of safety improvements that will increase local road safety. HSIP grants, as well as motor fuel tax revenue, will be the primary sources to implement the strategies identified in this plan. Moving forward, the LRSP is a required plan for the City to be eligible for applying for certain safety grants including HSIP funding.
Through a collaborative effort between safety stakeholders in engineering, enforcement, education, and emergency services, the C ity hopes to see a reduction in fatalities and severe injuries to meet its goals.
The City’s engineering consultant HR Green, along with the City ’s Engineering Department staff, began development of the LRSP contained in Attachment 2.
The LRSP identifies a system of 3 7 recommended Programs/Standards, Projects, and Countermeasures intended to address identified safety issues in the City. Since the LRSP is a living document and will be updated on a regular basis, this list will continue to change and evolve as various measures are implemented, new issues are identified, and project opportunities become available.
It should be noted that the Plan was developed using information obtained and discussed during the City's 2017 General Plan Update (GPU) process and encompasses the objectives and recommendations identified in the 2017 GPU. Meetings were also held with the various identified stakeholders both on an individual level and through the City’s Traffic Safety Committee to obtain information and develop consensus on the issues and opportunities.
ANALYSIS
Overview
The LRSP process , which will guide the development of future active transportation infrastructure, programs and policies for Jurupa Valley , identifies four primary steps to follow for developing and implementing the local plan.
1) Identify Stakeholders
: Identifying and conducting meetings with stakeholders that include:
a. Discussing improving local road safety through the 5 E’s (engineering, enforcement, education, emergency response, and emerging technologies). b. Identifying existing efforts.
c. Defining emphasis areas using incident data and anecdotal evidence. d. Identifying pertinent safety countermeasures, and
Page | 4
e. Prioritizing of investments.
2) Use Safety Data: Collect and analyze city collision data. 3) Choose Proven Countermeasures : Identif y safety countermeasures during stakeholder follow-up meetings.
4) Implement Solutions : Prioritize investments and conduct ongoing efforts to continue to refine countermeasures, update collision data each year, and link projects/funding with planned investments.
Emphasis areas were selected based on the “Challenge Areas” identified in 2020- 2024 California SHSP and the results of the collision data review. The following four emphasis areas were identified, which support the SHSP high priority areas of Active Transportation: Pedestrians & Bicyclists; Impaired Driving; Intersections; Lane Departures; Speed Management/Aggressive Driving as well as the SHSP focus areas for Distracted Driving; Emergency Response; Emerging Technologies, and Young Drivers (15-20):
1. Improper Turning -
Nearly 30% of all crashes from 2016‐2020 were improper
turning crashes. 63% of all crashes from 2016‐2020 occurred within 150’ of an intersection.
2. Unsafe Speed – Almost 27% of all crashes from 2016‐2020 involved unsafe speed.
3. Right-of-Way Violation / Failure to Yield – Over 13% of all collisions involved ROW/FTY actions.
4. Driving under the Influence / Distracted Driving – Contributed to 7% of all collisions, nearly 27% of all injury collisions, and 16% of all fatal collisions.
With the identification of emphasis areas, countermeasures are identified that correlate to each emphasis area, and include costs, benefits, and deployment levels for each countermeasure such that the safety goal is satisfied. Once stakeholders have agreed on safety countermeasures, the plan can isolate and recommend improvements at identified crash locations, corridors, intersections, etc. These counter measures can be one or more of the following:
• Spot countermeasures are applied at specific locations or roadway segments. • Systemic countermeasures are usually low-cost and deployed in a widespread manner.
• Comprehensive countermeasures can include a spot or systemic countermeasure with the addition of outreach and enforcement.
Using the above data and strategies a list of potential programs, standards, projects, and countermeasures were identified.
Page | 5
The City will continue to host meetings with stakeholders at least once a year to discuss implementation of the plan and strategies for each emphasis area and to discuss and track the effectiveness of implemented measures.
• The plan will be evaluated every three years starting in 2025 to determine how many goals have been reached or need to be adjusted.
• The plan-initiated projects will be evaluated for effectiveness five years after their implementation to determine their effectiveness.
• Every two years on opposite years as the application year for HSIP grant applications the plan will be reviewed to ensure it is current for locations where grant funding will be requested.
ENVIRONMENTAL DETERMINATION
The City Attorney’s office staff has determined that the Jurupa Valley Local Roadway Safety Plan is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15262 because the Plan is a study for possible future actions, which the City has not yet approved, adopted, or funded. Any future project identified in the Plan will be evaluated for potential environmental impacts if and when funding is available, and approval of such project is considered.
It is the City Council’s responsibility to review the staff determination of exemption, and based on its own independent judgment concur, or not, with that determination of exemption.
FINANCIAL IMPACT
Approval of the Local Roadway Safety Plan has no direct fiscal impact. As individual projects are brought to Council for consideration, the fiscal impact of each will be assessed at that time. The availability, application for and utilization of competitive and non-competitive grants for the development of safety projects and programs is clearly identified and discussed in the LRSP.
CONCLUSION
It is recommended that the City Council adopt Resolution No. 20 22-68 approving the Local Roadway Safety Plan and finding the plan in conformance with City of Jurupa Valley General Plan and finding this action exempt from CEQA under CEQA guidelines section 15262
The projects, programs, standards, and countermeasures contained within the LRSP reflect the City’s commitment towards promoting the development of a safer roadway network to meet public needs and it further outlines specific strategies for reducing injuries and fatalities on local roadways as part of future p rojects. The utilization of competitive and non-competitive grants when available is strongly encouraged.
Page | 6
The use of the recommendations in the Plan will be used in September 2022 when the City submits its applications for the Cycle 11 Highway Safety Improvement Program Call for Projects.
The City Attorney has prepared the attached R esolution No. 2022-68 for the Council’s consideration.
ALTERNATIVES
1. Take no action.
2. Provide staff with further direction.
************************** SIGNATURES ON FOLLOWING PAGE **************************
-1-
RESOLUTION NO. 2022-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THE LOCAL ROADWAY
SAFETY PLAN AND FINDING THE PLAN IN CONFORMANCE WITH
CITY OF JURUPA VALLEY GENERAL PLAN AND FINDING THIS
ACTION EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTION
15262
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
Section 1. Project Procedural Findings . The City Council does hereby find, determine, and declare that:
(a) Mobility Goal 10 of the City of Jurupa Valley General Plan directs the city to “to develop implementation strategies and identifies funding sources to provide for the timely implementation of the Mobility Element’s goals, policies and program.” (b) To qualify for certain future Federal and State safety funds the city must have a current and approved Local Roadway Safety Plan adopted by the City Council. (c) The City Engineer of the City of Jurupa Valley has prepared the proposed Jurupa Valley Local Roadway Safety Plan and is prepared to submit same to the City of Jurupa Valley City Council.
(d) All legal preconditions to the adoption of this Resolution have occurred.
Section 2. California Environmental Quality Act Findings and Recommendation for Determination of Exemption. The City Council hereby finds, determines and declares that the Jurupa Valley Local Roadway Safety Plan is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 1526 2 because the Plan is a study for possible future actions which the City has not approved, adopted, or funded. The Plan does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; any future project identified in the Plan will be evaluated for potential environmental impacts if and when funding is available and approval is granted. The City Council has reviewed City staff’s determination of exemption and, based on its own indepen dent judgment, concurs with staff’s determination of exemption. The Director of Planning is hereby directed to file a Notice of Exemption as required by law.
Section 3. Findings for Approval of Plan. The City Council does hereby find the proposed Jurupa Valley Local Roadway Safety Plan in conformance with the City of Jurupa Valley General Plan because:
(a) The Jurupa Valley Local Roadway Safety Plan is consistent with the following goals and policies of the City of Jurupa Valley General Plan:
-2-
1) Mobility Goal 10 , which dir ects the City of Jurupa Valley to, develop implementation strategies and identifies funding sources to provide for the timely implementation of the Mobility Element’s goals, policies and program; 2) Mobility Policy 1.1(4), which requires that the City of Juru pa Valley’s Mobility Corridors be designed so that new roadways, ramps, traffic control devices, bridges or similar facilities, and significant changes to such facilities, are designed to accommodate multi-modal facilities in an attractive and safe manner; 3) Mobility Policy 2.7, which directs the City of Jurupa Valley to, evaluate the planned circulation system as needed to enhance the street network to respond to anticipated growth and mobility needs;
4) Mobility Policy 3. 5, which directs the City of Jurupa Valley to Pursue Federal, State, County, regional and other funding opportunities to increase non-motorized mode share percentages, improve transportation system performance, and to increase user safety; 5) Mobility Policy 3 .8, which provides that Traffic Control Devices Traffic control devices and transportation infrastructure will be operated to serve the needs of all users of the roadway and pedestrians;
6) Mobility Policy 3.31, which directs the City of Jurupa Valley to, encourage and support the creation of comprehensive safety awareness programs for pedestrians, equestrians, cyclists and drivers;
7) Mobility Policy 8.15, which directs the City of Jurupa Valley to Design street intersections, where appropriate, to ensure the safe, efficient passage of pedestrians, bicyclists, equestrians and vehicles;
8) Mobility Policy 3. 21, which directs the City of Jurupa Valley to Consider using innovative traffic calming techniques, such as roundabouts, road “diets”, raised cross walks, stop signs, speed tables, bulbouts, planters, textured street paving, curbside parking, offset intersections and other traffic control measures designed to slow traffic speeds where appropriate to reduce speed and increase safety; and
9) Mobility Policy 3. 31, which directs the City of Jurupa Valley to, encourage and support the creation of comprehensive safety awareness programs for pedestrians, equestrians, cyclists and drivers.
Section 4. The City Council of the City of Jurupa Valley does hereby approve the “Jurupa Valley Local Roadway Safety Plan” in substantially the form presented to the City Council.
Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.
-3-
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
-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 certify that the foregoing Resolution No. 2022-68 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 7th day of July, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 7th day of July, 2022.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
Local Roadway Safety Plan
Prepared by
City of Jurupa Valley
May 2022
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Table of Contents
Introduction .................................................................................................................................... 4 Overview ......................................................................................................................................... 5 Vision, Mission & Goals ............................................................................................................... 5 Safety Partners ............................................................................................................................ 5 Local Roadway Safety Plan Process ............................................................................................ 6 Existing Efforts ............................................................................................................................ 6 Areas of Emphasis ..................................................................................................................... 13 Data Summary............................................................................................................................... 15 Roadway Inventory ................................................................................................................... 15 Study Period .............................................................................................................................. 15 Total Collisions .......................................................................................................................... 15 Existing Conditions ........................................................................................................................ 16 Collisions by Injury Severity ...................................................................................................... 16 Primary Collision Factors .......................................................................................................... 24 Collision Types........................................................................................................................... 25 Collision Involvement ................................................................................................................ 26 Emphasis Areas ............................................................................................................................. 28 Improper Turning Collisions ...................................................................................................... 28 Unsafe Speeds Collisions........................................................................................................... 30 Right-of-Way / Failure to Yield Collisions ................................................................................. 32 Driving Under the Influence and Distracted Driving Collisions ................................................ 34 Proven Countermeasures ............................................................................................................. 36 Implementation of Countermeasures .......................................................................................... 40 Prioritization Strategy ............................................................................................................... 40 Recommended Projects Incorporating Proven Countermeasures ........................................... 40 Capital Improvement Projects .................................................................................................. 41 Evaluation & Plan Updates ........................................................................................................... 47 Appendix ....................................................................................................................................... 48
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
ACKNOWLEDGEMENTS
The 2022 Jurupa Valley Local Roadway Safety Plan was funded through a Local Roadway Safety Plan (LRSP) grant provided by the California Department of Transportation (Caltrans). The City of Jurupa Valley developed the plan to evaluate safety for all users of the right-of-way within Jurupa Valley. The study was prepared by the Jurupa Valley Department of Public Works with assistance from HR Green Pacific. Input was sought from the various stakeholders listed in this report and the public through the Jurupa Valley Traffic Safety Committee.
Prepared by:
Rob Olson
Transportation Analyst
City of Jurupa Valley
Signed by:
Paul Toor
Director of Public Works/City Engineer
City of Jurupa Valley
By signing and stamping this Local Roadway Safety Plan report , the engineer is attesting to this report’s technical information and engineering data upon which local agency’s recommendations, conclusions, and decisions are made.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
The Jurupa Valley Local Roadway Safety Plan was prepared within the governance of:
Section 148 of Title 23, United States Code
REPORTS DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION — Notwithstanding any other provisions of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at the location identified or addres sed in the reports, surveys, schedules, lists, or other data. [23 U.S.C. §148(h) (4)]
Section 409 of Title 23, United States Code
Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway -highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safet y construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages ar ising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. [23 U.S.C. §409]
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Section 1.
Introduction
In the City of Jurupa Valley, improvements to public safety on city streets is a priority. As part of meeting the City of Jurupa Valley’s 2017 General Plan mobility goals of:
“…support the creation and maintenance of transportation networks (e.g., multi -use equestrian, pedestrian and bicycle trails, complete streets, sidewalks, airport, rail, and public transit) that are safe, attractive, and efficient and provide connectivity to meet the diverse needs for the movement of people and goods.”
To support the goals of having t hriving residents, safe communities, sustainable environment, and a robust economy, this Local Roadway Safety Plan (LRSP) identifies goals and implementation strategies to improve transportation safety in the City of Jurupa Valley.
“Transportation safety” implies the following: protection of life and property through regulation, management, and technology development of all forms of transportation. With collision data provided by the California Highway Patrol (CHP) and the Riverside County Crossroads database incident reports in the time period between 2016 and 2020, Jurupa Valley engineering staff was able to identify various factors that were a primary cause leading to roadway collisions. Jurupa Valley faces many challenges in improving road safety with a combinations numerous older narrow streets connecting its denser new denser sub urban communities. In addition, many streets in the city were built to wider County of Riverside standards that have promoted faster speed and undesirable driving behavior. Behavioral driving habits tend to be a contributing factor in the majority of collisions in Jurupa Valley.
The purpose of this safety plan is to increase transportation safety awareness among the residents and visitors of Jurupa Valley , build and maintain working relationships with stakeholders to assist in the efforts of public outreach regarding transportation safety, while implementing engineering and behavioral safety improvements on the c ity’s mobility network.
The Local Roadway Safety Plan (LRSP) program will also be used to su pport requests for grant requests through the Highway Safety Improvement Program (HSIP) to provide funding for the implementation of safety improvements that will increase local road safety. HSIP grants, as well as motor fuel tax revenue, will be the primary sources to implement the strategies identified in this plan. Through a collaborative effort between safety stakeholders in engineering, enforcement, education, and emergency services, the city hopes to see a reduction in fatalities and severe injuries to meet its goals.
In the past 5 years, 1% of collisions in Jurupa Valley have resulted in fatalities, while about 1.7% of collisions have resulted in severe injuries. The city is targeting to reduce fatalities and severe injuries in the future.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Section 2.
Overview
Vision, Mission & Goals
The vision, mission, and goals of the City of Jurupa Valley LRSP align with those established in the California Department of Transportation (Caltrans) 2020 -2024 Strategic Highway Safety Plan (SHSP), which include the following:
Vision: Safe public roads for all users.
The vision emphasizes that safety on all public roads across the state is critical to serve the needs of the diverse population and system of California.
Mission: Ensure safety for all modes of travel.
The mission expands on the vision by acknowledging that safety on all public roads includes all modes of travel. California has an active and diverse population that utilizes a variety of modes that share common space on public roads.
Goal: toward Zero fatalities and severe injuries.
Expanding on the national Toward Zero Deaths (TZD) goal, the goal encourages setting realistic and achievable steps for California to move toward zero fatalities and severe injuries. Additional goals the City of Jurupa Valley has based on the resul ts of the LRSP collision analysis and input from safety partner stakeholders include:
• Reduce the number of collisions resulting in death or severe injury by 10% by 2027 • Reduce improper turning and failure-to-yield collisions by 15‐20% by 2027 • Reduce property damage to city assets by 20% due to collisions by 2025 • Reduce unsafe speed / right of way collisions resulting in death or severe injury by 15% by 2027
• Reduce the number of persons killed and severely injured in alcohol/drug-involved collisions to less than 5% of all collisions by 2025
The Jurupa Valley Local Road way Safety Plan also aligns itself with the Mission of the Jurupa Valley General Plan of “…support the creation and maintenance of transportation networks (e.g., multi-use equestrian, pedestrian and bicycle trails, complete streets, sidewalks, airport, rail, and public transit) that are safe, attractive, and efficient and provide connectivity to meet the diverse needs for the movement of people and goods ,” and more specifically with the strategic goal of maintaining Safe Communities.
Safety Partners
Outreach was conducted to safety partners representing the 5 E’s of Traffic Safety: Education, Enforcement, Engineering, Emergency Response, and Emerging Technologies.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
• Jurupa Valley City Council
• Riverside County Sheriff’s Office
• County of Riverside
• Riverside County Fire Department
(Cal Fire)
• Jurupa Unified School District
• Jurupa Area Recreation and Parks
District
• Riverside University Health System
• California Department of
Transportation (Caltrans)
• Residents of Jurupa Valley
Local Roadway Safety Plan Process
The LRSP process identifies four primary steps to follow for developing and implementing the local plan. This process is illustrated in Figure 1 and includes:
1) Identify Stakeholders: City identification of stakeholders and meetings that included:
a. Discuss improving local road safety through the 5 E’s (engineering, enforcement, education, emergency response, and emerging technologies) b. Note existing efforts
c. Define emphasis areas using incident data and anecdotal evidence d. Identification of safety countermeasures
e. Prioritization of investments
2) Use Safety Data : Collected city collision data for 2016 through 2020 (last full years available at time of analysis). Data was analyzed by the engineering department. 3) Choose Proven Countermeasures : Identification of safety countermeasures during stakeholder follow-up meetings.
4) Implement Solutions : Prioritized investments during stakeholder follow -up meetings.
Ongoing efforts to continue to refine countermeasures, update collision data each year , and link projects/funding with planned investments.
Existing Efforts
The City of Jurupa Valley has been proactive in implementing projects that enhance roadway safety and has worked collaboratively with local safety partners. The Jurupa Valley Public Works Department, Engineering Department, and City Council have establishe d local programs and policies that prioritize incorporating safety countermeasures that meet resident safety needs and include improvements for pedestrians, bicycles, and enhancing visibility for automobile drivers.
Partnerships with the County of Riversid e, Riverside County Sherrif’s Department, Riverside University Health System, and Riverside County Fire Department have enhanced local safe routes to schools (SRTS) projects, capital improvement projects (CIP), emergency vehicle preemption (EVP) projects, and provided opportunities for community outreach to educate on walking, biking, commercial vehicles, driving under the influence (DUI), and preventing collisions with public, fire, and ambulance vehicles. Areas of emphasis were identified from LRSP development.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Figure 1 – Local Roadway Safety Plan Process
City of Jurupa Valley Department of Public Works
Jurupa Valley incorporates and/or considers safety in all maintenance and construction programs and projects. City staff annually reviews and maintains signing and traffic markings.
Jurupa Valley has been pursuing HSIP grant funding for infrastructure improvements that enhance safety for all roadway users since 2015 (Cycle 7). The city has been successful in achieving $1,680,000 in HSIP grant awards for adding left-turn lanes to unsignalized intersections, modifying storm drain under -crossings, relocating headwall s, installing new guardrails and end treatments, upgrading existing guardrails to current Midwest Guardrail System (MGS) standards, and relocating guardrail segments to more effective locations.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
In June 2014, the California Manual on Uniform Traffic Control Devices (CAMUTCD) mandated agencies to implement a method to maintain minimum levels of roadside sign retroreflectivity by assessment and management. The city has im plemented a program of checking sign retroreflectivity by measuring sign retroreflectivity with a portable retroreflectometer and comparing to the Minimum Maintained Retroreflectivity Levels (Table 2A‐3 of the CAMUTCD).
The management of sign retroreflectivity is Expected Sign Life. The goal is to replace identified signs occurs before the retroreflective sheeting has degraded below minimum standards.
Typically, signs are replaced before the end of their expected sign life of 10 years. Replacement is based on average sheeting life and disregards differential degradation due to environmental conditions.
Engineering has also added safety enhancements through
various public works projects. These enhancements include:
• Road Diet – Jurupa Road and Pyrite Street: Road diet
projects were developed on sections of both streets
that modified four -lane street section s to two -lane
sections with a median, turn lane, and bike lane on
both sides.
• Sidewalks and ADA Ramps – New sidewalks
have been added to several streets as part of
infill projects and near schools. These projects
have provided several miles of sidewalks to
encourage students to walk to/from school and
move pedestrians off from the shoulders of
streets to safer spaces. ADA corner ramps have
been updated in many parts of the city to
provide better pedestrian accessibility.
• Bike Lanes – Bike lanes have been added as part of new development projects and several street resurfacing projects, creating nearly 10 miles of new bike lanes in the city. • Rectangular Rapid Flash Beacons ( RRFBs) – RRFBs have been added at several uncontrolled crosswalks in the city, including at Limonite Avenue and Hudson Street.
Pyrite Street Road Diet and Sidewalks
Jurupa Road Bike Lanes
Limonite Avenue and Hudson Street RRFB
Pyrite Street Road Diet and Sidewalks
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
• Pedestrian Hybrid Beacon (PHB or HAWK) – A PHB was
installed at the intersection of Limonite Avenue and
Marlatt Street to accommodate pedestrian crossings
to access the RTA bus stops on each side of Limonite
Avenue.
• Pole-Top Flashers and Signpost Covers – The visibility of some signs was enhanced by adding pole -top
flashers or reflective covers to signposts.
• High Visibility Sidewalks – The city has established that all crosswalks on controlled intersection approaches in areas with regular pedestrian activity shall be marked with ladder-type high visibility crosswalks.
Public Works annually restripes roadways in city on a rotational basis. As needed, reflective raised pavement markers are also added/refreshed in areas where there is limited street lighting.
Capital Improvement Projects with Safety Countermeasures The city includes safety counter measures in capital projects whenever possible.
Countermeasures are selected based on the Federal Highway Administration (FHWA) Proven Safety Countermeasures initiative (PSCi) and the Caltrans Local Roadway Safety Manual (LRSM) , which provides countermeasures for non -signalized intersections, signalized intersections, and roadways based on the Crash Mod ification Factors (CMF) Clearinghouse. Projects that include features to improve traffic safety are provided in Table 1.
Limonite/Marlatt Hybrid Beacon
Reflective Signpost Covers and Pole-Top Flashers for Enhanced Sign Visibility
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Table 1 ‐ City of Jurupa Valley Capital Projects to Improve Safety Project Type Location Measures
HSIP Guardrail Project Various Locations Replacing dated guardrails in the city with current Midwest Guardrail design systems.
Bike Lanes Wineville Avenue, Etiwanda
Avenue, Bellegrave Avenue,
Cantu-Galleano Ranch Road,
Jurupa Road, Pyrite Street,
Sierra Avenue
Install buffered bike lanes to provide
segregated space for motor vehicles and
bicyclists.
Bike Route Lucretia Avenue Install bike sharrows to designate bike route.
Road Diet Pyrite Street and Jurupa Road Reduced four-lane streets to three lane streets (two lanes plus median), plus bike
lanes.
Sidewalks Jurupa Valley High School,
Rubidoux High School, Troth
Elementary School, Glen
Avon Elementary School,
Camino Real Elementary
School, Sunnyslope
Elementary School
New sidewalks were or are being added as
part of Active Transportation Program
grants under the Safe Route to School
program. Sidewalks are being added a
minimum or ¼ mile from the schools with
some extending up to about ½ mile.
Pedestrian Hybrid
Beacon (PHB or
HAWK)
Limonite Avenue and Marlatt
Street intersection.
The beacon was added at the uncontrolled
crossing of Limonite Avenue to facilitate
access tot eh RTA bus stops located at the
intersection.
Rectangular Rapid
Flash Beacons (RRFBs)
Limonite Avenue/Hudson
Street, Pyrite Street/Cassidy
Circle
RRFBs were installed at active school
crossings that are manned by crossing
guards during school ingress and egress but
are not controlled during other hours.
Add Left-Turn Lanes Mission Boulevard, Jurupa
Road
New painted median left-turn lanes were
added to move left-turning vehicles out of
the through lanes on these busy streets.
Jurupa Valley City Council
In addition to setting and adopting the polices and establishing programs for the various departments within the City of Jurupa Valley, the council members serve their constituents by gathering information on current issues happening within their district. Working with the Council, other city departments, and local residents, the City’s Public Works Department obtains information on public concerns regarding road safety.
County of Riverside
The city has partnered with the County of Riverside on several major infrastructure projects and considers them to be an important partner in achieving the long-range safety goals. Projects the County has led for the city include:
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
• Pyrite Street Safe Route to School Road Diet
• Troth Street Safe Route to School Road Diet
• Van Buren Boulevard Resurfacing Project – Phase 1
• Limonite and I-15 Interchange Reconstruction Project
• Jurupa Road Grade Separation Project
• Market Street Bridge Replacement Project
• Mission Boulevard Bridge Replacement Project
The city also contracts with the County of Riverside Transportation Department Traffic Signal Shop to provide traffic signal maintenance services for the city.
Riverside County Sheriff’s Department
The Riverside County Sheriff’s Department (RCSD) is the contract law enforcement agency for the city. They provide policing services for general law enforcement, traffic enforcement, and commercial vehicle enforcement. The Sheriff’s Office also partners with other local agencies to provide DUI and commercial vehicle checkpoints. Some of these services are funded by grants through the California Office of Traffic Safety (OTS).
Riverside University Health System (RUHS)
RUHS has partnered with the city on se veral initiatives including providing non - infrastructure support several Safe Route to School projects and supporting Healthy Community Element. For the SRTS projects RUHS conducted walk audits at various schools, provided parent education on walking and biking safety, and conducted outreach to the community to obtain important survey information.
Under the Healthy Communities Element, the effort is an element of the County of Riverside General Plan that speaks of the importance of promoting a healthy living environment for all residents. The Healthy Communities Element provides a framework for translating the General Plan vision for a healthy Riverside County into reality by identifying policies to achieve that vision. The Healthy Communities Element addresses areas where public health and planning intersect, including transportation and active living, access to nutritious foods, access to health care, mental health, quality of life, and environmental health.
Riverside County Fire Department (Cal Fire)
The Riverside County Fire Department (RCFD) provides emergency services to the residents of Jurupa Valley. As a critical line of defense providing emergency services, road safety that will allow the department to provide services in a safe and efficient manner throughout the city over an increasingly congested street system remains a challenge.
During the past few years there have been several collisions between the p ublic and fire City of Jurupa Valley
Local Roadway Safety Plan
May 2022
and ambulance vehicles. There are four RCFD located within Jurupa Valley. They are station 16, 17, 18, and 38. The locations of these stations are shown in Figure 2.
Figure 2 – Riverside County Fire Department Station Locations
The city has installed emergency vehicle preemption (EVP) equipment at most of its traffic signals and the installation of up -to-date EVP equipment is required in all new traffic systems. The long -term goal to assist with RCFD response times is to develop an interconnected traffic signal system that will be able to provide real -time traffic information to responders so that any congested locations can be avoided or cleared to reduce response times and improve safety.
The department has a website ( https://www.rvcfire.org) and various social media platforms as avenue s for public outreach in sharing safety tips for fire prevention and hazard awareness. Additional efforts with public outreach over social media could include sharing training videos on vehicle extrication of individuals involved in motor vehicle collisions. to reduce the potential for future collisions with RCFD vehicles, the city modified the traffic signal system at the location in issue and modified the EVP detection system to address potential future problems. City staff works regularly with RCFD staff on development reviews and safety mitigation efforts to make the streets in Jurupa Valley safer for residents, visitors, and emergency responders.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Areas of Emphasis
Bikeway and Sidewalk Development
New construction projects or developments include bikeways on streets identified in the city’s bicycle and pedestrian master plan and provide sidewalks on streets that will connect with the surrounding sidewalk system or provide new connections between desirable pedestrian origins and destinations. Capita l projects include sidewalk infill where possible and stripe bike lanes and/bike routes when street restriping or resurfacing projects are being completed.
Roadside Hazard
New construction or road reconstruction includes improving the clear/recovery zo nes to the extent that available right of way and funding allows. New city street design standards are to be developed that consider the placement of roadside objects, limit the number of objects placed in the right-of-way, and locate fixed objects farther from the travel lane to reduce collisions with fixed objects.
System-Wide Signing Review
Staff shall review all street signs in the city to ensure they are compliant with CAMUTCD requirements for retroreflectivity, size and placement, and eliminate signs that are not needed to limit the number of roadside objects.
System-wide Striping Enhancements
The city currently refreshes roadway striping and markings on a rotational basis. Staff shall continue to review the performance of the materials being used for striping and marking and determine when longer lasting material, such as thermoplastic in lieu of paint, should be used and at what intervals raised pavement markers should be removed and replaced to maintain suitable reflectivity.
Maintain and Enhance Public Reporting Portal
The city currently maintains a public portal for the general public to report directly to Public Works any concerns related to road maintenance in order for maintenance crews to respond on a priority basis. The city should continue to enhance this system to provide multiple methods for the public to report important issues and concerns.
Street Closure and Public Works Project Notices
The city keeps the public notified of many upcoming and current road closures through postings on the city’s webpage. The webpage features regular updates of ongoing and new road clo sures due to weather, construction projects, or other unforeseen events.
However, the information can often become ‘stale’ with timely updates not being
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
provided, or by some not being removed in a timely manner. The city shall continue to develop and enhan ce a system for providing better real -time public updates of street closures and incidents to allow motorists to avoid problem areas.
Safe Routes to School (SRTS) Programs
These programs use a comprehensive approach to make school routes safer for children to walk and bike to school. Safe Routes to School programs are a sustained effort that involves identifying the issues and finding ways to improve and make walking or biking to school safer. By making it safer to walk or bike to school, Safe Routes to School programs promotes healthy, active lifestyles and creates the foundation for a more vibrant community.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Section 3.
Data Summary
Data obtained in this study is a combination of data gathered by city staff from the California Highway Patrol Statewide Incident Traffic Reporting System (SWITRS) reports and collision data stored in the countywide Crossroads database.
Roadway Inventory
There are currently about 400 centerline miles of public streets in the City of Jurupa Valley. However, the city continues to rapidly grow in size and population.
Study Period
The collisions data review period covered 2016 through 2020, as those were the five most recent years that full -year collision data was available. As the LRSP program is updated each year, collision data will be updated as new data becomes available.
Total Collisions
During the study period there were a total of 4,826 collisions on city streets. These included 3,019 collisions at intersections and 1,807 non-intersection collisions, as listed in Table 2 . Intersection-related collisions are those that occur within 150 fe et of an intersection.
The data indicates that collisions at intersections are more likely to result in non -fatal injuries than non -intersections collisions, but the non -intersection collisions generally result in more fatalities.
Table 2 – Intersection versus Non-Intersection Collisions Year 2016 2017 2018 2019 2020 Total
Severity
Location Int Mid Int Mid Int Mid Int Mid Int Mid Int Mid Fatal 2 5 2 8 11 6 2 4 5 6 22
(43%)
29 (57%)
Severe Injury 8 10 9 11 7 4 12 3 12 7 48
(58%)
35 (42%)
Other Visible Injury &
Complaint of Pain 171 146 196 136 210 156 229 151 178 142 984 (57%)
731
(43%)
Property Damage
Only 415 261 400 224 390 181 448 211 360 170 2,013
(66%)
1,047
(34%)
Total Collisions 588 412 598 368 611 343 679 366 543 318 3,019 (63%)
1,807
(37%)
Source: SWITRS collision data, 2021.
Int = Intersection; Mid = Mid-block / Non-Intersection
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Section 4.
Existing Conditions
Collisions by Injury Severity
The Federal Highway Administration (FHWA) classifies injury codes according to severity scale which differs from each State. For California, the KABC O injury codes follow this convention and description:
K – Fatal Injury: Death because of injuries sustained in a collision or an injury resulting in death within 30 days of the collision.
A – Severe Injury: An injury other than a fatal injury which resul ts in broken bones, dislocated or distorted limbs, severe lacerations, or unconsciousness at or when taken from the collision scene.
B – Other Visible Injury: This includes bruises (discolored or swollen); places where the body has received a blow (black eyes and bloody noses); and abrasions (areas of the skin where surface is roughened or blotchy by scratching or rubbing which includes skinned shins, knuckles, knees, and elbows).
C – Complaint of Pain: This classification could contain authentic internal or other nonvisible injuries and fraudulent claims of injury. Includes 1. ) Persons who seem dazed confused, or incoherent [unless behavior attributed to intoxication, extreme age, illness, or mental infirmities]. 2.) Persons who are limping but do not have visible injuries. 3. ) A person who is known to have been unconscious as a result of the collision, although it appears he/she has recovered. 4. ) Persons who say they want to be listed as injured but do not appear to be so.
O – Property Damage Only – Non‐Injury collisions
Total Fatalities and Severe Injuries
There were 138 total fatality and severe injury collisions representing 2.9% of total collisions on Jurupa Valley roads occurring from 2016‐2020 as shown on Table 3.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Table 3 – Collisions by Severity
Injury Severity 2016 2017 2018 2019 2020 Total %
Fatal (K) 7 10 17 6 12 52 1.1%
Severe Injury (A) 18 20 11 15 22 86 1.8%
Other Visible Injury (B) 75 73 66 69 68 351 7.3%
Complaint of Pain (C) 200 209 260 266 188 1,123 23.3%
Property Damage Only (O) 700 654 600 689 571 3,214 66.6% Totals 1,000 966 954 1,045 861 4,826
Source: SWITRS collision data, 2021.
Fatal and Severe Injury Collisions
There were 138 total fatal and severe injury collisions that occurred in the City of Jurupa Valley from 2016 to 2020. The locations are shown in Figure 3. As expected, most of these collisions are clustered along the higher volume corridors in the city, including Limonite Avenue, Mission Boulevard, Rubidoux Boulevard, and Van Buren Boulevard.
Figure 3 – Locations of Fatal and Severe Injury Collisions – 2016‐2020
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Table 4 and Figure 4 include the proportion of fatal and severe injury collisions by crash type. The top three most common crash types that occurred were vehicle / pedestrian (29.7%), broadside (18.1%), and head-on (13%).
Table 4 – Fatal and Severe Injury Collisions by Crash Type Crash Type Fatal Severe Injury Total %
Vehicle / Pedestrian 21 20 41 29.7%
Broadside 8 17 25 18.1%
Head-On 7 11 18 13.0%
Hit Object 6 10 16 11.6%
Rear End 1 13 14 10.1%
Other / Not Stated 5 6 11 8.0%
Overturned 2 5 7 5.1%
Sideswipe 2 4 6 4.3%
Totals 52 (37.7%) 86 (62.3%) 138
Source: SWITRS collision data, 2021.
Figure 4 – Fatal and Severe Injury Collisions by Crash Type – 2016‐2020
Table 5 and Figure 5 include the proportion of fatal and severe injury c ollisions by primary collision factor. The top three most common primary collision factors that occurred were pedestrian violations (17.4%), driving under the influence (16.7%), and improper turning (14.5%).
0 5 10 15 20 25 30 35 40 45
Sideswipe
Overturned
Other / Not Stated
Rear End
Hit Object
Head-On
Broadside
Vehicle / Pedestrian
Fatal Severe Injury
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Table 5 – Fatal and Severe Injury Collisions by Primary Collision Factor Primary Collision Factor Fatal Severe Injury Total %
Pedestrian Violation 16 8 24 17.4%
DUI 10 13 23 16.7%
Improper Turning 8 12 20 14.5%
Automobile ROW 4 16 20 14.5%
Unsafe Speed 5 11 16 11.6%
Other 4 7 11 8.0%
Unknown / Not Stated 2 9 11 8.0%
Traffic Signals and Signs 1 6 7 5.1%
Following Too Closely 0 3 3 2.2%
Improper Passing 0 1 1 0.7%
Impeding Traffic 1 0 1 0.7%
Wrong Side of Road 1 0 1 0.7%
Totals 52 (37.7%) 86 (62.3%) 138
Source: SWITRS collision data, 2021.
Figure 5 – Fatal and Severe Injury Collisions by Primary Collision Factor – 2016‐2020
Pedestrians and Bicyclists
Walking and c ycling is an activity for recreation or as a means of transportation within Jurupa Valley that is increasing in use. The older areas of Jurupa Valley were developed without sidewalks. All new developments include sidewalks; however, they may not connect to an external sidewalk system. Figure 6 shows the areas within the city that do not have sidewalks and Figure 7 shows where pedestrian collisions have occurred.
0 5 10 15 20 25
Improper Passing
Impeding Traffic
Wrong Side of Road
Following Too Closely
Traffic Signals and Signs
Other
Unknown / Not Stated
Unsafe Speed
Improper Turning
Automobile ROW
DUI
Pedestrian Violation
Fatal Severe Injury
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Figure 6 – Existing and Missing Sidewalks – 2018
Figure 7 – Pedestrian Collisions by Severity – 2016‐2020
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Of the 4,826 collisions that occurred within the five-year analysis period, there were 113 collisions involving pedestrians, or 2.3% of all collisions , in the five‐year analysis period .
Of those 113 collisions , 89% resulted in a fatality or some level of injury. Only 12 of the 113 collisions did not result in some level of injury. Pedestrian violation s were cited as a primary cause of the collision in 55 were a result of a pedestrian violation (e.g., crossing when it was not safe or at a mid -block location) while 58 involved a motorist violation (e.g., speeding or failure to yield when turning).
There was a total of 78 bicycle-involved collisions, or 1.6% or all collisions, during the five‐ year analysis period. Of those collisions, 77% resulted in either a fatality or some level of injury with including 6 severe injuries and 3 collisions resulting in the cyclist’s death. Only 18 bicycle collisions resulted in property damage only.
The chances of an injury or death
to a pedestrian involved in a
40 mph collision is exponentially
higher than a pedestrian involved
in a 20 mph collision.
Because pedestrians and bicyclists
are particularly vulnerable, as
most collisions with pedestrians
or bicyclists results in some level
of injury, it is important to
separate the right -of-way for these users versus motor vehicles i.e., sidewalks and buffered bike lanes or off -street trails). Figure 8 illustrates the locations where bicycle facilities are currently developed along with the locations where future bicycle lane/route projects have been identified and Figure 9 shows where bicycle collisions have occurred.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Figure 8 ‐ Existing and Future Bicycle Facilities – 2018 Figure 9 ‐ Bicycle Collisions by Severity – 2016‐2020
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Table 6 includes the proportion of total collisions and collisions that resulted in fatal and severe injuries by involvement type. While pedestrians and bicyclists make up a small percentage of total crashes (2.3% and 1.6% respectively), they are over-represented in the number of fatal and severe injury collisions (29% and 6.5% respectively). This indicates they are vulnerable roadway users that are more prone to high -risk injury and death due to the l ack of external protective devices that could absorb the impact of a vehicular crash. Add itionally, Figure 10 illustrates the fatal and severe injury collisions by involvement type.
Table 6 – Collision by Involvement Type
Involvement Type
Total
Collisions %
Fatal &
Severe
Injury %
Automobiles 4,574 94.8% 79 57.2%
Motorcycles 62 1.3% 10 7.2%
Bicycles 78 1.6% 9 6.5%
Pedestrians 112 2.3% 40 29.0%
Totals 4,826 138
Figure 10 – Fatal and Severe Injury Collisions by Collision Involvement – 2016‐2020
57%
7%
7%
29%
Automobiles
Motorcycles
Bicycles
Pedestrians
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Primary Collision Factors
The primary collision factor , or probable cause of the collision , is determined by the California vehicle code violation categories. The PCF among all traffic collisions from 2016‐ 2020 is seen in Figure 11 and Table 7. The city and LRSP safety partner stakeholders have identified particular emphasis on the predominant PCF:
1. Improper Turning {29.3%}
2. Unsafe Speed {26.7%}
3. Auto Right-of-Way Violations (Failure to Yield the Right-of-Way) {13.1%}, and
4. Driving Under the Influence (DUI) {7.0%}
These factors make up just over 76% of all collisions in Jurupa Valley. A contributing factor to each collision factor can also include distracted driving, especially at intersections and driveways of conflict points. Improved technology in consumer electronics and advancements in automobiles have created a potential increase of distracted driving in the former while unsafe speeding more likely in the latter. The collision data includes a data field indicating if a hands -free cellular device was being used. However, the determination of that may rely on the admission of the driver and not by the responding officer. The data indicated that for the 5 -year analysis period the use of a cellular device was listed in only 38 collisions.
Figure 11 – Primary Collision Factor – 2016‐2020
0 0
1 2
6 20
41 45
65 95
203
206
231
238
340
632
1289
1412
0 200 400 600 800 1000 1200 1400 1600
Hazardous Parking
Pedestrian ROW
Brakes
Lights
Impeding Traffic
Unsafe Lane Change
Wrong Side of Road
Following Too Closely
Pedestrian Violation
Improper Passing
Unsafe Starting or Backing
Other
Unknown / Not Stated
Traffic Signals and Signs
DUI
Automobile ROW
Unsafe Speed
Improper Turning
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Table 7 ‐ Primary Collision Factor by Year
Primary Collision Factor 2016 2017 2018 2019 2020 Total % Auto Right-of-Way Violation 172 118 114 161 67 632 13.1% Brakes 0 0 0 0 1 1 0.0%
Driving Under the Influence 57 46 61 75 100 339 7.0%
Following too Close 17 12 5 7 4 45 0.9%
Impeding Traffic 3 0 2 0 1 6 0.1%
Improper Passing 25 25 16 15 14 95 2.0%
Improper Turning 291 312 286 275 248 1,412 29.3%
Lights 1 1 0 0 0 2 0.0%
Not Stated 5 8 0 27 111 151 3.1%
Other Equipment 0 0 0 1 1 2 0.0%
Other Hazardous Movement 38 24 26 28 10 126 2.6%
Other Improper Driving 4 4 5 10 4 27 0.6%
Other Than Driver 14 11 12 8 6 51 1.1%
Pedestrian Violation 12 9 16 18 10 65 1.3%
Pedestrian or Other Under
the Influence
1 0 0 0 0 1 0.0%
Traffic Signal or Sign 36 66 55 52 29 238 4.9%
Unknown 14 13 20 17 16 80 1.7%
Unsafe Lane Change 2 8 4 6 0 20 0.4%
Unsafe Speed 253 262 279 294 201 1,289 26.7%
Unsafe Starting or Backing 45 39 47 40 32 203 4.2%
Wong Side of the Road 10 8 6 11 6 41 0.8%
Totals 1,000 966 954 1,045 861 4,826
Source: SWITRS collision data, 2021.
Collision Types
The collisions by type from 2016-2020 is seen in Figure 12 and listed in Table 8. Analysis showed four predominant collision types:
1. Rear end collisions {27.2%}
2. Broadside collisions {26.8%}
3. Hit objects {18.1%}, and
4. Sideswipe collisions {17.0%}
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Figure 12 – Collision Type – 2016‐2020
Table 8 – Collisions Type by Year
Collision Type 2016 2017 2018 2019 2020 Total %
Broadside 268 275 238 282 231 1,294 26.8%
Head-On 32 38 50 48 55 223 4.6%
Hit Object 173 155 175 185 187 875 18.1%
Other 42 23 21 13 8 107 2.2%
Overturned 17 8 10 9 10 54 1.1%
Rear-End 283 265 267 292 207 1,314 27.2%
Sideswipe 163 172 161 188 137 821 17.0%
Vehicle-Ped 15 24 30 26 24 119 2.5%
Not Stated / Blank 7 6 2 2 2 19 0.4%
Total 1,000 966 954 1,045 861 4,826
Source: SWITRS collision data, 2021.
Collision Involvement
The collisions involvement, or what the vehicle collided with , is seen in Figure 13 and listed in Table 9. The top four most common collision involvements were:
1. Another moving vehicle {64.5%}
2. Fixed object {17.1%}
3. Parked vehicles {10.5%}, and
4. Pedestrian {2.3%}.
0 200 400 600 800 1000 1200 1400
Overturned
Vehicle / Pedestrian
Other / Not Stated
Head-On
Sideswipe
Hit Object
Broadside
Rear End
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Figure 13 – Collision Involved With – 2016‐2020
Table 9 – Collisions Involved With by Year
Vehicle Collision With 2016 2017 2018 2019 2020 Total % Animal 3 3 7 1 3 17 0.4%
Bicycle 24 15 17 11 11 78 1.6%
Pedestrian 14 22 28 24 25 112 2.3%
Fixed Object 156 157 167 170 177 827 17.1%
Other Object 31 7 17 24 17 96 2.0%
Parked Motor Vehicle 107 107 103 90 101 508 10.5%
Non-Collision 8 7 7 2 7 31 0.6%
Not Stated 11 12 8 10 1 42 0.9%
Train 1 1 0 0 0 2 0.0%
Other Motor Vehicle - (same and other
roadway) 645 635 600 713 519 3,113 64.5%
Total 1,000 966 954 1,045 861 4,826
Source: SWITRS collision data, 2021.
0 500 1000 1500 2000 2500 3000 3500
Train
Animal
Non-Collision
Not Stated
Bicycle
Other Object
Pedestrian
Parked Motor Vehicle
Fixed Object
Other Motor Vehicle
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Section 5.
Emphasis Areas
Emphasis areas were selected based on the “Challenge Areas” identified in 2020-2024 California SHSP and the results of the collision data review. The following 4 emphasis areas were identified, which support the SHSP high pri ority areas o f Active Transportation: Pedestrians & Bicyclists; Impaired Driving; Intersections; Lane Departures; Speed Management/Aggressive Driving as well as the SHSP focus areas for Distracted Driving; Emergency Response; Emerging Technologies, and Young Drivers (15-20):
1. Improper Turning
2. Unsafe Speed
3. Right-of-Way Violation / Failure to Yield
4. Driving Under the Influence / Distracted Driving
The following provides the strategies and goals for each of the four each of the four empha sis areas.
Improper Turning Collisions
Collisions involving improper turning typically involve failure to yield the right -of-way to either oncoming or crossing traffic. That failure to yield can be to other motorists, pedestrians, or bicyclists. These types of collisions can also result in roadway departures of vehicles for various reasons. Vehicles departing the roadway can become overturned, strike fixed objects along the roadway, or can include head‐on and sideswipe collisions with other vehicles. Intersections and street access, such as driveway s, may or may not always be a factor in improper turning collisions, though often improper turning at intersections can result in more severe collisions due to vehicle speeds and the presence of pedestrians and bicyclists crossing the street . A challenge for law enforcement is to determine if an improper turning collision was from distracted driving or other factor since narratives without any other neutral observer may not indicate cell phone or electronic device usage prior to collision.
Other notes from the collision data on improper turning collisions include:
• Nearly 30% of all crashes from 2016‐2020 were improper turning crashes • 63% of all crashes from 2016‐2020 occurred within 150’ of an intersection
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Strategies for Emphasis Area 1:
• Education
- Engagement with Sheriff, RUHS, JUSD, community groups, and Public Works to share materials and knowledge to increase public awareness of road safety. - Target the distractions created by cell phone or electronic device use while operating a motor vehicle, and the likelihood of anyone being involved in a collision due to cell phone/electronic device usage.
- Encourage the public to report incidents of failing to stop at stop sign and traffic signals to collect statistical data on high violation areas.
• Enforcement
- Saturated patrols to areas susceptible to distracted driving or where collision or traffic report data indicates regular incidents of failure to yield collisions, including failing to stop for stop signs and signals.
• Engineering
- Public Works add improved signage retroreflectivity, add left turn lane pockets, guardrail improvements, improved thermoplastic striping and markings, clearing of roadside obstacles, intersection improvements, provide appropriate width travel lanes to control speeds, and widening shoulders in an incremental systemic approach. Whenever possible widen shoulders at least 4‐6 feet to provide improved access to bicycles.
- Public Works provid e improved clear zone/sight distance, left tur n pockets, and/or roundabouts along high incidents streets including Limonite Avenue, Mission Boulevard, and Rubidoux Boulevard.
- Close the median opening at the Van Buren Boulevard and 56 th Street intersection to prohibit uncontrolled left turns and extend the southbound acceleration and deceleration lanes.
- Complete the five -lane cross -section of Rubidoux Boulevard between 20 th Street and 30th Street.
- Install larger mast arm left -turn signs at signalized interse ctions where collisions have been identified, especially for protected -permissive left turn locations.
- Review intersection lighting at high-incident locations.
• Emergency Services
- Ensure Opticom systems are updated and operating correctly at all signalized intersections.
- Review need for signals at fire station driveways.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Goals for Emphasis Area 1:
• Reduce the percentage of all improper turning and failure-to-yield collisions by 15‐ 20% and reduce the number of collisions resulting in death or severe injury by 10% by 2027.
• Reduce property damage to city assets by 20% due to collisions by 2025. • Work with RCSD and community groups on promoting driver safety information and training/defensive driving courses for residents to increase safe driving habits.
Unsafe Speeds Collisions
Speeding is an issue that results in multiple collision types and is manifested on various types of streets. In low speed residential neighborhoods unsafe speed can result in sideswiping of parked cars, striking roadside objects, collisions with pedestrian s and bicyclists, and broadside collisions with vehicles entering and existing side streets and driveways. On higher speed arterials, collisions involving unsafe speeds with typically result in more severe injuries and fatalities. These collisions involve roadway departures with vehicle rollovers or collisions with fix objects. As traffic volumes increase in the region, congestion has resulted in diverting overflow traffic from congested Caltrans freeways during peak hours onto the connecting city streets. Drivers then attempt to make up lost time by speeding along city streets.
A national trend however is the increase in aggressive driving combined with excessive speed. This has contributed to more collisions with both increased severity and ancillary damages. As driving is a goal‐oriented activity, with the purpose of arriving at a destination quickly, when combined with technology making automobiles more comfortable and powerful than ever before this has contributed to increased collisions .
Traffic collisions that occur close to intersections also could indicate instances of excessive speeding and/or distracted driving and the increased likelihood of a roadway lane departure, rear‐end or head‐on collisions.
Strategies for Emphasis Area 2:
• Education
- All stakeholders have open discussions with targeted groups likely to exhibit forms of unnecessary risky driving (young drivers).
- Obtain safety materials published by Caltra ns, Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration (NHTSA) and other organizations and post information on the city’s website and distribute to other organizations and community groups promoting slower vehicle speeds and the hazards of speeding , especially to targeted drivers (young drivers).
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
- Work with RCSD and JUSD on promotion of responsible driving to school - aged drivers.
• Enforcement
- High Visibility Enforcement / Saturated Patrols
- Assist with identifying specific travel corridors with unsafe speeding and passing through citation history
• Engineering
- Identify corridors where excessive speeding and unsafe passing is likely to take place through RCSD citation history, roadway evidence (such as skid marks for rapid breaking, pavement rutting on the outside of curves, worn centerline markings, or high incidences of sign knockdowns or guardrail/fencing strikes), and concerned input through citizen/elected officials.
- Review high incident corridors, especially school areas, for implementation of traffic calming and traffic control devices for reducing speeds. - Prepare new street section standards that incorporate narrower streets and Local Street and intersection traffic calming.
- Identify locations for pilot project mini roundabouts, speed humps, and chicanes to reduce traffic speeds.
- Install sidewalks in areas where travel speeds are incompatible with pedestrian activity.
- Public Works to provide improved clear zone/sigh t distance, left turn pockets, reduce the number of roadside objects and hazards, improve/provide guardrails in areas with departure issues, and/or roundabouts along high incidents streets including Limonite Avenue, Mission Boulevard, and Rubidoux Boulevard.
- Work with Caltrans on expansion of ramp areas to provide necessary capacity to limit diversion of overflow traffic to city streets. - Public Works to review traffic management options, including traffic signal synchronization programs, and search for available funding to implement programs that allow for effective traffic flow yet reduce instances of aggressive driving.
- Incorporate traffic calming feature and Complete Streets designs into all new development activity.
- Review the Capital Improvement Program (CIP) to identify priority locations based on collision and citation data.
• Emergency Services
- Work with staff to identify high citation locations for identification and implementation of speed reduction measures.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
- Assist in identifying options for enforcement of speeds in residential neighborhoods.
Goals for Emphasis Area 2:
• Circulate informational material on distracted & aggressive driving to promote safe driving practices in Jurupa Valley by 2025.
• Observe a reduction of unsafe speed / right of way collisions resulting in death or severe injury by 15% by 2027.
• Increase awareness of aggressive driving habits through a collaborative public awareness campaign.
• Improve driver perceptions of safety through reviewing Yolo County Public Works capital improvement projects.
Right-of-Way / Failure to Yield Collisions
These types of collisions are similar to the improper turning collisions discussed above in Emphasis Area 1. These collisions, however, do not involve the violating vehicle turning or changing streets. They are most often the at -fault driver running a stop sign or traffic signal or failing to yield to another driver backing out of a driveway. These collisions are often exacerbated by excessive or unsafe speeds by the drivers and/or a lack of attention to their surroundings or distracted driving. Collison reduction strategies can include increasing the conspicuity of others at high collision locations and of roadside objects and hazards. Reducing driver overload is also important. When drivers have too much information to process they often can miss key information that would allow them to avoid a collision.
Strategies for Emphasis Area 3:
• Education
- Engage stakeholders in open discussions with targeted groups likely to exhibit forms of unnecessary risky driving (especially young drivers). - Provide materials prepared by FHWA, NHTSA, and other sources on the dangers of aggressive and distracted driving to community groups.
• Enforcement
- High Visibility Enforcement / Saturated Patrols
- Assist with identifying specific locations with a citation and/or collision history.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
• Engineering
- Identify corridors and intersections where excessive vehicle right-of-way collisions occur by annually reviewing the top collision locations in the city. - Identify and document unreported collision locations by identifying roadway evidence such as skid marks, damage on the outside of curves, worn centerline markings, or high incidences of sign and signal knockdowns or guardrail/fencing strikes.
- Public Works provide regular maintenance of vegetation blocking sight lines at intersection and signs or signals.
- Maintain and refresh signs and pavement markings at or approaching intersections.
- Review sight lines at intersections and restrict on-street parking near intersections that will restrict adequate visibility.
- Review development plans and construction and update development standards to ensure that driveways are not placed too close to intersections so as to limit sight distances.
- Use corner bumpouts at Collector and Local Street intersections to increase the visibility of pedestrians preparing to cross the street. - Use colored bike lane boxed near intersection to alert motorists that the travel paths of bicyclists may cross with turning vehicles. - Provide pedestrian-actuated crossing controls at uncontrolled high activity crossings. Use leading pedestrian intervals at signalized intersections where there is regular pedestrian activity.
- Use larger-than-standard mast arm signage at signalized intersections that have protected-permissive left-turn operations.
Goals for Emphasis Area 3:
• Circulate informational material on distracted & aggressive driving to promote safe driving practices in Jurupa Valley through Riverside County Sheriff’s Department, the city website, social and religious groups, businesses serving alcohol in the city, and social networks.
• Observe a reduction of unsafe speed/right-of-way collisions resulting in death or severe injury by 15% by 2025.
• Increase awareness of aggressive driving habits through a collaborative public awareness campaign.
• Reduce property damage to city assets by 20% due to collisions by 2025.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Driving Under the Influence and Distracted Driving Collisions
In multiple locations, driving under the influence of alcohol and drugs, both recreational and prescription, has remained a challenge in traffic safety. As a primary collision factor, DUIs also will typically involve dangerous secondary collision factors. In reviewing DUI collision incidents in Jurupa Valley, the percentage of DUI collisions represents the amount of collisions involving DUI over the total number of collisions for each type for that year.
Of the DUI related collisions between 2016 and 2020:
• 26.9% (22/82) of all injury (KABC) collisions
• 15.9% of all fatal/severe injury collisions (22/138)
• Occur primarily on weekends (Friday‐Sunday)
• The number of DUI involved collisions has doubled in the last 5 years from a low of 46 in 2017 to 100 collisions in 2020.
Strategies for Emphasis Area 4:
• Education
- All stakeholders continued support of education, emergency, and enforcement efforts with the RCSD and the Office of Traffic Safety for grants to bring DUI and distracted driving education to local schools. - Support of mandatory treatment programs, peer group counseling for prior DUI offenders.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
- Continued efforts to describe adverse effects of alcohol and drug abuse and its consequences on the roads.
- Circulate informational material on distracted & impaired driving to promote safe driving practices in Jurupa Valley through Riverside County Sheriff’s Department, the city website, social and religious groups, businesses serving alcohol in the city, and social networks.
- Work with RUHS and Jurupa Unified School District on the distribution of materials to teens on the effects and consequences of DUI and distracted driving and riding with impaired/distracted drivers.
• Enforcement
- Continue high-visibility enforcement.
- Support RCSD efforts to obtain OTS grants for DUI checkpoints.
• Engineering
- Increasing the clear recovery zones, when funding and right of way is available, could reduce the severity of collisions by providing an area clear of fixed objects if a vehicle leaves the roadway.
- Adding or upgrading guardrail and end treatments.
- Improved marking and signage especially on curves.
- Improved lighting at intersections or horizontal curves.
Goals for Emphasis Area 4:
• Reduce the number of persons killed and severely injured in alcohol/drug- involved collisions to less than 5% of all collisions by 2025. • Prepare and provide driver educational materials on the city website and via handouts for distribution to stakeholders to community groups. • Identify locations where concentrations of alcohol and/or drug-impaired drivers have been cited or involved in collisions.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
Section 6.
Proven Countermeasures
FHWA’s Proven Safety Countermeasures initiative (PSCi ) is a collection of countermeasures and strategies effective in reducing roadway fatalities and severe injuries on our Nation’s highways. Transportation agencies are strongly encouraged to consider widespread implementation of PSCs to accelerate t he achievement of local, State, and National safety goals. More information on the proven countermeasures can be obtained through the FHWA’s website at
https://safety.fhwa.dot.gov/provencountermeasures/. Summary sheets with detailed descriptions of each of the various countermeasures are included in the Appendix. The proven countermeasures are classified by general areas as follows:
SPEED MANAGEMENT
• Safety Cameras
• Variable Speed Limits
• Appropriate Speed Limits for All Road Users
ROADWAY DEPARTURE
• Wider Edge Lines
• Enhanced Delineation for Horizontal Curves
• Longitudinal Rumble Strips and Stripes
• Roadway SafetyEdge
• Roadside Design Improvements
• Median Barriers
INTERSECTIONS
• Backplates with reflective borders
• Corridor Access Management
• Reduce Left-Turn Conflicts at Intersections
• Roundabouts
• Yellow Change Intervals
• Systemic Application of Multiple Low-Cost Countermeasures at Stop-Controlled Intersections
PEDESTRIAN/BICYCLIST
• Crosswalk Visibility Enhancements
• Bicycle Lanes
• Rectangular Rapid Flash Beacons
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
• Leading Pedestrian Intervals
• Medians and Pedestrian Refuge Islands
• Pedestrian Hybrid Beacons
• Road Diets / Roadway Reconfiguration
• Walkways
CROSSCUTTING
• Pavement Friction Management
• Lighting
• Roadway Safety Audits
Caltrans incorporates the PSCIs with other roadway safety-related countermeasures from the FHWA Crash Modification Factors (CMF) Clearinghouse. The Caltrans Local Roadway Safety Manual (LRSM) for Californ ia’s Local Road Owners (v1.6) includes 83 different countermeasures that may be utilized to develop infrastructure projects that are eligible for Highway Safety Improvement Program (HSIP) grant funding, including:
NON-SIGNALIZED INTERSECTION COUNTERMEASURES
• Add intersection lighting
• Convert to all-way STOP control (from 2-way or Yield control) • Install signals
• Convert intersection to roundabout (from all way stop) • Convert intersection to roundabout (from stop or yield control on minor road) • Convert intersection to mini-roundabout
• Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs
• Upgrade intersection pavement markings
• Install Flashing Beacons at Stop-Controlled Intersections • Install flashing beacons as advance warning
• Install transverse rumble strips on approaches
• Improve sight distance to intersection (Clear Sight Triangles) • Improve pavement friction (High Friction Surface Treatments) • Install splitter-islands on the minor road approaches • Install raised median on approaches
• Create directional median openings to allow (and restrict) left-turns and u-turns • Reduced Left-Turn Conflict Intersections
• Install right-turn lane
• Install left-turn lane (where no left-turn lane exists) • Install raised medians / refuge islands
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
• Install pedestrian crossing at uncontrolled locations (new signs and markings only)
• Install/upgrade pedestrian crossing at uncontrolled locations (with enhanced safety features)
• Install Rectangular Rapid Flashing Beacon (RRFB)
• Install Pedestrian Signal (including Pedestrian Hybrid Beacon (HAWK))
SIGNALIZED INTERSECTION COUNTERMEASURES
• Add intersection lighting
• Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number
• Improve signal timing (coordination, phases, red, yellow, or operation) • Install emergency vehicle pre-emption systems
• Install left-turn lane and add turn phase (signal has no left-turn lane or phase before)
• Provide protected left turn phase (left turn lane already exists) • Convert signal to mast arm (from pedestal-mounted)
• Install raised pavement markers and striping (Through Intersection) • Install flashing beacons as advance warning
• Improve pavement friction (High Friction Surface Treatments) • Install raised median on approaches
• Install pedestrian median fencing on approaches
• Create directional median openings to allow (and restrict) left-turns and u-turns • Reduced Left-Turn Conflict Intersections
• Convert intersection to roundabout (from signal)
• Install pedestrian countdown signal heads
• Install pedestrian crossing
• Pedestrian Scramble
• Install advance stop bar before crosswalk (Bicycle Box) • Modify signal phasing to implement a Leading Pedestrian Interval (LPI)
ROADWAY COUNTERMEASURES
• Add segment lighting
• Remove or relocate fixed objects outside of Clear Recovery Zone • Install Median Barrier
• Install Guardrail
• Install impact attenuators
• Flatten side slopes
• Flatten side slopes and remove guardrail
City of Jurupa Valley
Local Roadway Safety Plan
May 2022
• Install raised median
• Install median (flush)
• Install pedestrian median fencing on approaches
• Install acceleration/ deceleration lanes
• Widen lane (initially less than 10 ft)
• Add two-way left-turn lane
• Road Diet (Reduce travel lanes and add a two way left-turn and bike lanes) • Widen shoulder
• Curve Shoulder widening (Outside Only)
• Improve horizontal alignment (flatten curves)
• Flatten crest vertical curve
• Improve curve superelevation
• Convert from two-way to one-way traffic
• Improve pavement friction (High Friction Surface Treatments) • Install/Upgrade signs with new fluorescent sheeting (regulatory or warning) • Install chevron signs on horizontal curves
• Install curve advance warning signs
• Install curve advance warning signs (flashing beacon) • Install dynamic/variable speed warning signs
• Install delineators, reflectors and/or object markers • Install edge-lines and centerlines
• Install no-passing line
• Install centerline rumble strips/stripes
• Install edgeline rumble strips/stripes
• Install bike lanes
• Install Separated Bike Lanes
• Install sidewalk/pathway (to avoid walking along roadway) • Install/upgrade pedestrian crossing (with enhanced safety features) • Install raised pedestrian crossing
• Install Rectangular Rapid Flashing Beacon (RRFB)
• Install animal fencing
The countermeasures ut ilize crash reduction factors (CRF) established from the CMF Clearinghouse studies to determine effectiveness in reducing collisions. CRFs are used to calculate the expected benefit achieved with countermeasure implementation based on crash costs established in the LRSM. The benefit is compared to countermeasure costs to determine a benefit -cost ratio (BCR) for the project . Based on the ranking of BCRs , projects can be compared and a determination made as to which projects will provide the best return on investment and address the most serious safety issues.
City of Jurupa Valley
Local Roadway Safety Plan
May 2022