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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, July 21, 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. CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council will meet in closed session pursuant to Government Code Sections 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next yea r as required by the City Manager’s Employment Agreement.
C. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to on e matter 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
9. PUBLIC APPEARANCE/COMMENTS
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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10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS EXECUTIV E COMMITTEE MEETING OF
JULY 11, 2022
2. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION & FINANCE
COMMITTEE MEETING OF JULY 13, 2022
3. UPDATE ON THE WESTERN COMMUNITY ENERGY BOARD OF
DIRECTORS & TECHNICAL ADVISORY COMMITTEE
MEETING OF JULY 13, 2022
B. COUNCIL MEMBER LORENA BARAJAS BISBEE
1. UPDATE ON THE RIVERSIDE COUNTY - REGIONAL
CONSERVATION AUTHORITY MEETING OF JULY 11, 2022
C. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY – AUDIT AND FINANCE
COMMITTEE MEETING OF JULY 8, 2022
2. UPDATE ON THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION MEETING OF JULY 13, 2022
3. UPDATE ON THE NORTHWEST TRANSPORTATION NOW
COALITION METING OF JULY 14, 2022
D. COUNCIL MEMBER GUILLERMO SILVA
1. UPDATE ON THE NORTHWEST MOSQUITO VECTOR
CONTROL DISTRICT MEETING OF JULY 21, 2022
12. CITY MANAGER’S UPDATE
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13. SHERIFF’S DEPARTMENT UPDATE
Requested Action: That the City Council receive and file the report.
14. APPROVAL OF MINUTES
A. JULY 7, 2022 REGULAR MEETING
15. CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.) A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
B. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN
WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(E) DURING THE COVID -19
STATE AND LOCAL EMERGENCY
Requested Action: That the City Council adopt Resolution N o. 2022-88, 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. BIENNIAL REVIEW OF THE CITY OF JURUPA VALLEY’S CONFLICT
OF INTEREST CODE
Requested Action: Direct the City Manager to initiate the 2022 Biennial Review of the City’s Conflict of Interest Code to determine if there is a need to amend the Code.
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D. ORDINANCE NO. 2022-12
Requested Action: That the City C ouncil conduct a se cond reading and adopt Ordinance No. 2022-12, entitled:
AN ORDINANCE OF THE CITY OF 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 15601 (B) (3) OF THE CEQA GUIDELINES
E. ORDINANCE NO. 2022-13
Requested Action: That the City C ouncil conduct a second reading and adopt Ordinance No. 2022-13, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ADDING SECTION 2.37 TO THE JURUPA VALLEY
MUNICIPAL CODE ESTABLISHING THE PUBLIC WORKS ADIVSORY
COMMITTEE
F. APPROVAL OF COOPE RATIVE AGREEMENT BET WEEN THE CITY
OF JURUPA VALLEY, CE NTURY COMMUNIT IES OF CALIFORNIA
LLC, AND THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRIC T FOR CONSTRUCTION A ND
MAINTENANCE OF BELLT OWN 30 TH STREET STORM DRAINS
STAGE 1 GENERALLY LO CATED ALONG AVALON S TREET, CANAL
STREET, CANAL STREET EXTENSION, AND 30TH STREET
Requested Action: That the City Council approve the cooperative agreement with the Riverside County Flood Control and Water Conservation District (District) and Century Communities of California LLC, (Developer) and authorize the Mayor to sign the agreement.
G. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND KILEY AND ASSOCIATES FOR FEDERAL
LEGISLATIVE ADVOCACY SERVICES
Requested Action: That the City Council approve the agreement between the City of Jurupa Valley a nd Kiley and Associates for Federal Legislative Advocacy Services 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.
H. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND EXP
U.S. SERVICES, INC. FOR ENGINEERING DESIGN SERVICES FOR
PACIFIC AVENUE PEDESTRIAN AND BICYCLE IMPROVEMENTS,
CIP NO. 19106
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Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and EXP U.S. Services, Inc. for engineering design services for Pacific Avenue Pedestrian and Bicycle Improvements, CIP No. 19106, 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 FINAL TRACT MAP 37893 LOCATED ON THE
SOUTHEAST CORNER OF MISSION BOULEVARD AND AGATE
STREET INCLUDING ACCEPTANCE OF OFFERS OF DEDICAT ION,
APPROVAL OF SUBDIVISION AGREEMENTS, AND ACCEPTANCE OF
IMPROVEMENT BONDS (GDC-RCH MONTECITO, LP, A DELAWARE
LIMITED PARTNERSHIP)
1. Requested Action: That the City Council approve Tract Map 37893 and accept the dedications as follows:
a. Accept the real property described as an easement for street and public utility purposes over all of Lot “D”, inclusive as shown on Tract Map 37893.
2. Authorize the Mayor and City Clerk to sign Tract Map 37893; and
3. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreements; and
4. Accept the surety bonds for construction of related off -site improvements and survey monumentation.
J. 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
K. AGREEMENT BETWEEN TH E CITY OF JURUPA VAL LEY AND RHA LANDSCAPE ARCHITECTS, IN C. FOR ON -CALL LANDS CAPE
ARCHITECTURAL SERVICES; AND
AGREEMENT BETWEEN TH E CITY OF JURUPA VAL LEY AND VAN
DYKE LANDSCAPE ARCHI TECTS, INC. FOR ON -CALL LANDSCAPE
ARCHITECTURAL SERVICES
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1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and RHA Landscape Architects, Inc. for On-Call Landscape Architectural Services 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.
2. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Van Dyke Landscape Architects, Inc. for On- Call Landscape Architectural S ervices and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.
L. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND MCE
CORPORATION FOR SPECIAL DISTRICT LANDSCAPING SERVICES
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and MCE Corporation for Special District Landscaping Services 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.
M. APPROVAL OF FINAL TRACT MAP 37 052 LOCATED ON THE
NORTHWEST QUADRANT OF 60 TH STREET AND HUDSON STREET
INCLUDING ACCEPTANCE OF OFFERS OF DEDICATION, APPROVAL
OF SUBDIVISION AGREEMENTS, AND ACCEPTANCE OF
IMPROVEMENT BONDS (GDC -RCH HUDSON, LP, A DELAWARE
LIMITED PARTNERSHIP
1. Requested Action: That the City Council approve Tract Map 37052 and accept the dedications as follows:
a. Accept the real property described as an easement for and public over all of Lots “A” through “E”, inclusive as shown on Tract Map 37052.
2. Authorize the Mayor and City Clerk to sign Tract Map 37052; and
3. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreements; and
5. Accept the surety bonds for construction of related off -site improvements and survey monumentation.
16. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
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17. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER AN ORDINANCE ADDING
CHAPTER 9.267 TO THE JURUPA VALLEY MUNICIPAL CODE TO
ESTABLISH AN INCLUSIONARY HOUSING REQUIREMENT AND
AFFORDABLE HOUSING IN LIEU FEE; A RESOLUTION ADOPTING
THE INCLUSIONARY HOUSING AND IN -LIEU FEE STUDY AND
RECOMMENDATION ESTABLISHING INCLUSIONARY HOUSING
FEES; AND A RESOLUTION ADOPTING AN INCLUSIO NARY
HOUSING FEE
Requested Action: That the City Council open the public hearing and continue the public hearing to the August 4, 2022 City Council meeting. The continuance of this item is to allow time for additional public noticing.
B. PUBLIC HEARING TO CONSIDER A RESOLUTION CONFIRMING THE
DELINQUENT ACCOUNTS FOR SOLID WASTE COLL ECTION
SERVICES AND LEVYING SPECIAL ASSESSMENTS FOR
COLLECTION AGAINST C ERTAIN PARCELS OF PR OPERTY
SITUATED WITHIN THE CITY IN THE BURRTEC SOLID WASTE
INDUSTRIES, INC. SERVICE AREA
1. Requested Action: That the City Council open the public hearing and receive any public testimony, and
2. That the City Council adopt Resolution No. 2022-89, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, CONFIRMING THE
DELINQUENT ACCOUNTS FOR SOLID WASTE SERVICES
PROVIDED BY BURRTEC SOLID WASTE INDUSTRIES, INC.
AND ORDERING THAT THE DELINQUENT CHARGES SHALL
CONSTITUTE SPECIAL ASSESSMENTS AGAINST THE
RESPECTIVE PARCELS OF LAND AND ARE LIENS ON SAID
LANDS IN THE AMOUNT OF THE RESPECTIVE ASSESSMENTS
3. Approve the report for delinquent comprehensive waste collection service payments to Burrtec Solid Waste Industries, Inc. and assess the cost thereof as a special assessment and lien against those certain properties in the City.
C. PUBLIC HEARING TO CONSIDER A RESOLUTION CONFIRMING THE
DELINQUENT ACCOUNTS FOR SOLID WASTE COLLECTION
SERVICES AND LEVYING SPECIAL ASSESSMENTS FOR
COLLECTION AGAINST CERTAIN PARCELS OF PROPERTY
SITUATED WITHIN THE CITY IN THE USA WASTE OF CALIFORNIA, INC. SERVICE AREA
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1. Requested Action: That the City Council open the public hearing and receive any public testimony, and
2. That the City Council adopt Resolution No. 2022-90, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, CONFIRMING THE
DELINQUENT ACCOUNTS FOR SOLID WASTE SERVICES
PROVIDED BY USA WASTE OF CALIFORNIA, INC. AND
ORDERING THAT THE DELINQUENT CHARGES SHALL
CONSTITUTE SPECIAL ASSESSMENTS AGAINST THE
RESPECTIVE PARCELS OF LAND AND ARE LI ENS ON SAID
LANDS IN THE AMOUNT OF THE RESPECTIVE ASSESSMENTS
3. Approve the report for delinquent comprehensive waste collection service payments to USA Waste of California, Inc. and assess the cost thereof as a special assessment and lien against those certain properties in the City.
D. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE FF) 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 WI THIN SUCH TERRITORY; LOCATED AT THE
SOUTHEAST CORNER OF MISSION BOULEVARD AND AGATE STREET
INTERSECTION
1. Requested Action: That the City Council open the public hearing and receive any public testimony; and
2. That the City Council adopt Resolution No. 2022-91, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITORY (ZONE FF); LOCAT ED ON THE
SOUTHEAST CORNER OF MISSION BOULEVARD AND AGATE
STREET TO CITY OF JURUPA VA LLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-
CONSOLIDATED, CONFIR MING A DIAGRAM AND
ASSESSMENT, ORDERING THE IMPROVEMENTS AN D THE
LEVY AND COLLECTION OF ASSESSMENTS WITH IN SUCH
TERRITORY FOR FISCAL YEAR 2023 -24 PURSUA NT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE AND AS PROVIDE D BY
ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
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E. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE W) TO THE CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
(“CITY OF JURUPA VALLEY L&LMD 89 -1-C”), WEST OF HUDSON STREET BETWEEN 59TH AND 60TH STREET
1. Requested Action: That the City Council open the public hearing and receive any public testimony; and
2. That the City Council adopt Resolution No. 2022-92, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITORY (ZONE W ); LOCATED WEST
OF HUDSON STREET BETWEEN 59TH AND 60TH STREET TO
CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTIN G
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED,
CONFIRMING A DIAGRAM AND ASSESSMENT, ORDERING
THE IMPROVEMENTS AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR
2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE AND AS PROVIDED BY ARTICLE XIII D OF THE
CALIFORNIA CONSTITUTION
18. COUNCIL BUSINESS
19. CITY ATTORNEY’S REPORT
20. COUNCIL MEMBER REPORTS AND COMMENTS
21. ADJOURNMENT
Adjourn to the Regular Meeting of August 4, 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 Ju rupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332 -6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be mad e 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. 14.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
July 7, 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 6:01 p.m.
Council Member Lorena Barajas Bisbee was absent.
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments regarding the closed session items.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council met in closed session pursuant to Government Code Section 54956.8 regarding the potential lease of a portion of the real property owned by the City of Jurupa Valley located at 5293 Mission Bl., 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 met in closed session with the City 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
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 Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
Mayor Chris Barajas called the regular meeting to order at 7:00 p.m. Council Member Lorena Barajas Bisbee was absent.
5. INVOCATION was given by Pastor Kyle Fegan, Beacon Hill, Assemblies of God church.
6. PLEDGE OF ALLEGIANCE was led by Michael Flad.
7. APPROVAL OF AGENDA
A motion was made by Council Member Guillermo Silva , seconded by Mayor Pro Tem Leslie Altamirano, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
The City’s Pet of the Month for Ju ly, a four-month-old Labrador mix, was introduced to the Council. Anyone interested in giving the Pet of the Month a home is invited to contact the City’s Animal Control Services Department at https://www.rcdas.org. (Animal ID A-1680976).
9. PUBLIC APPEARANCE/COMMENTS
The City Clerk read a letter from David Wray stating that as a long-time resident of over 30 years and a general contractor, he supports the installation of the new tapered curbing as that type of curbing directs flood water away from driveways and down the streets.
The City Clerk read a letter from an anonymous speaker, voicing gratitude for the Council’s commitment to Jurupa Valley as there has been much improvement under the new Council leadership. The speaker voiced concern that there are agitators s haring misinformation about plans to rezone areas with large animals.
The City Clerk read a letter from Alexandria Casadora stating that Jurupa Valley includes nine distinct communities. Each community has different needs and wants and residents
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in those communities also pay taxes and many residents want more places to shop, dine, and purchase an affordable home. She asked that tax dollars be spent equally and not just in historic Mira Loma.
Deanna (no last name given) voiced a concern regarding parking issues on the north side of Limonite at Downey Street and 61st Street due to visitors to the Downey Street Park who also leave behind trash. She asked that residents that live on the north side of Limonite be allowed to have the same permit parking that residents on the south side of Limonite are allowed to have. She asked that her neighborhood be kept clean and free of trash as it has become unsafe for her to ride her horse.
Mayor Chris Barajas advised that there is a process to request permit parking. He asked that staff be available to assist the speaker with her concerns.
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
There were no Council comments.
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 General Assembly meeting of June 23, 2022.
2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments Executive Committee meeting of June 24, 2022.
B. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Brian Berkson gave an update on the Northwest Transportation Now Coalition meeting of June 9, 2022.
2. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meetings of June 10, 2022 and June 24, 2022.
3. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Reduction Review Committee meeting of June 16, 2022.
4. Council Member Brian Berkson gave an update on the Riverside Transit Agency meeting of June 23, 2022.
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C. COUNCIL MEMBER GUILLERMO SILVA
1. Council Member Guillermo Silva gave an update on the Northwest Mosquito and Vector Control District meeting of June 16, 2022.
12. CITY MANAGER’S UPDATE
City Manager Rod Butler announced that at the last Council meeting, Joe Perez, Community Development Director provided some clarity and context as it relates to high- density housing and state mandates due to the current housing crisis. Mr. Perez addressed issues of rezoning, the animal-keeping lifestyle and equestrian uses and a potential project along Felspar. Mr. Perez’s comments have been captured on a short video that is now on the City’s website at www.jurupavalley.org Mr. Butler encouraged residents to view the video as it clears up some of the misconceptions about these issues. The video is also available in Spanish. Mr. Butler announced that a new informative document entitled Jurupa Valley Trending Topics is now available on the City’s website. The document includes various QR Codes which takes the reader directly to the topi cs selec ted and includes information on key city topics. He announced that a public workshop will be held Thursday, July 14, 2022 at 6:00 pm in the City Council Chamber to discuss the Community Development Block Grant program and the 2023 -2028 Consolidated Plan, which will be used to identify the City's 5-year strategies related to priority needs for community projects primarily in neighborhoods in Council Districts 2 and 4. A survey will also be available on the City’s website where comments may be submitted during the meeting.
13. APPROVAL OF MINUTES
A. JUNE 16, 2022 REGULAR MEETING
A motion was made by Mayor Leslie Altamirano , seconded by Council Member Guillermo Silva, to approve the Minutes of the June 16, 2022 regular meeting.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
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. 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 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
D. ORDINANCE NO. 2022-10
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-10, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL
CODE AMENDING THE USES ALLOWED IN THE BUSINESS PARK
ZONE AND DEVELOPMENT STANDARDS THAT APPLY TO THOSE
USES, MAKING ADDITIONAL CONFORMING CHANGES TO TITLE 9
AND FINDING THE ORDINANCE IS EXEMPT FORM FURTHER
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 AGRICULTURAL (A-1) AND NATURAL ASSET (N -A) FOR PARCELS WITH APNS: 174 -040-017, 018, 019, AND 020, CHANGE
OF ZONE FROM MANUFACTURING HIGH (M -H) TO
MANUFACTURING SERVICE COMMERCIAL (M -SC) FOR PARCELS
WITH APNS: 178 -330-001, 002, AND 003, CHANGE OF ZONE FROM MANUFACTURING HIGH (M-H) TO GENERAL COMMERCIAL (C-1 C-
P) FOR PARCELS WITH APNS: 163-400-004 AND 008, AND CHANGE OF
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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.
H. ADOPTION OF RESOLUTION APPROVIN G THE LOCAL ROADWAY SAFETY PLAN AND FIND ING THIS ACTION EXEM PT FROM CEQA –
THIS ITEM WAS TABLED AT THE REQUEST OF CITY STAFF
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 THIS ACT ION 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
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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.
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.)
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Requested Action: That the City Council authorize the City Manager to execute an Agreement with T&B Planning for t he 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 RIVERSI DE
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.
A motion was made by Mayor Pro Tem Leslie Altamirano , seconded by Council Member Brian Berkson , to approve the Consent Calendar, with the exception of Item 14.H, which was tabled at the request of City staff.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
A. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE EE) TO THE CITY OF JURUP A VALLEY LANDSCAPE A ND
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
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.
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 assessment.
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A motion was made by Mayor Pro Tem Leslie Altamirano , seconded by Council Member Guillermo Silva, to adopt Resolution No. 2022-69, entitled:
A RESOLUTION OF TH E CITY COUNCIL OF TH E CITY OF JURUPA VALLEY, ORDERING THE ANNEXATION OF TERRITORY (ZONE EE);
LOCATED SOUTH OF GALENA STREET ALONG THE WEST SIDE OF
TROY COURT, TO CITY OF JURUPA VALLEY LAN DSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED,
CONFIRMING A DIAGRAM AND ASSESSMENT, ORDERING THE
IMPROVEMENTS AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY FOR 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 CALIFORNIA
CONSTITUTION
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
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
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 Mayor Pro Tem Leslie Altamirano , seconded by Council Member Guillermo Silva, to adopt Resolution No. 2022-70, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CONFIRMING THE DIAGR AM AND ASSESSMENT FO R
ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21, 34, 61, 73, 78, 95, 102 , 106, 126, 128, 132 , 137, 141, 142, 173, 182, A, C, 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 JURUPA VALL EY LANDSCAPE AND LIGHTI NG MAINTENANCE DISTR ICT NO. 89 -1-
CONSOLIDATED OF THE CITY OF JURUPA VALLEY AND LEVYING
ASSESSMENTS ON ALL L OTS AND PARCELS OF L AND THEREIN
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WITHIN THE BOUNDARIES OF SAID ZONES AND STREET LIGHTING ZONES FOR FISCAL YEAR 2022-2023
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
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
Staff Report presented by Tamara Campbell, Principal Planner.
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 Brian Berkson , seconded by Mayor Pro Te m Leslie Altamirano , to conduct a first reading and 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
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
17. COUNCIL BUSINESS
A. PRESENTATION AND DISCUSSION OF THE FISCAL YEAR 2022 -2023
CITY WORK PLAN
Staff Report presented by Michael Flad, Assistant City Manager. Mr. Flad summarized the first ten years since the City’s incorporation and the City’s growth and key achievements. He reported that the 2022-2023 Work Plan is a “to do” list which includes 334 items, broken down by departments which will be used as a key performance indicator. It will be tied to a future planning document which includes the Work Plan, City Counc il Goals, Legislative Platform, 5 -Year Financial Forecast, and 10 Year Strategic Plan.
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Further discussion followed.
By consensus, the City Council received and filed the City of Jurupa Valley’s Work Plan for the 2022-2023 Fiscal Year.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
B. CITY COUNCIL ADOPTION OF RESOLUTIONS FOR THE 2022
GENERAL MUNICIPAL ELECTION
Staff Report presented by City Clerk Victoria Wasko.
A motion was made by Council Member Brian Berkson, seconded by Mayor Pro Tem Leslie Altamirano, to adopt Resolution Nos. 2022-71 and 72, entitled:
RESOLUTION NO. 2022 -71 - 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; AND
RESOLUTION NO. 2022-72 - 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
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
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 PURSUANT TO SECTION
2.37.080 OF THE JURU PA VALLEY MUNICIPAL CODE; AND
ADOPTING A CITY RESO LUTION ABOLISHING TH E TRAFFIC
SAFETY COMMITTEE
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Staff Report presented by Paul Toor, Public Works Director. Mr. Toor reported that the new Public Works Advisory Committee is intended to replace the existing Traffic Safety Committee with expanded duties. The new Public Works Committee will consist of five members who will be appointed by the City Council for a four- year term. The Committee will be responsible to develop and recommend public works programs such as roads, planted medians, traffic control devices, and other public infrastructure obligations, such as tree planting, tree maintenance policies, refuse and recycling, and energy and conservation programs. Upon approval, staff will solicit applications from residents to serve as a member of the Public Works Advisory Committee.
Further discussion followed.
A motion was made by Council Member Guillermo Silva, seconded by Mayor Pro Tem Leslie Altamirano , to conduct a first reading and introduce Ordinance No. 2022-13, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ADDING SECTION 2.37 OF THE JURUPA
VALLEY MUNICIPAL CODE ESTABLISHING THE PUBLIC WORKS
ADIVSORY COMMITTEE
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
A motion was made by Mayor Pro Tem Les lie Altamirano , seconded by Council Member Guillermo Silva , to adopt Resolution Nos. 2022-73 and 74, entitled:
RESOLUTION NO. 2022-73 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF JURUPA VALLEY, CALIFORNIA, CONFIRMING A
STIPEND FOR MEMBERS OF THE PUBLIC WORKS ADVISORY
COMMITTEE; AND
RESOLUTION NO. 2022-74 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF JURUPA VALLEY, CALIFORNIA, ABOLISHING THE
JURUPA VALLEY TRAFFIC SAFETY COMMITTEE
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
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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 FACILITIES DISTRICT NO. 2019 -002
(EMERALD RIDGE), COMMUNITY F ACILITIES 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
Staff Report presented by Paul Toor, Director of Public Works.
Further discussion followed.
A motion was made by Council Member Brian Berkson, seconded by Council Member Guillermo Silva, to 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 Es tates), Community Facilities District No. 2014 -003 (Cantera) and Community Facilities District No. 2015-001 (Riverbend), Community Facilities District No. 2015-002 (Skypark), Community Facilities District No. 2016 -001 (Quarry), Community Facilities Distric t No. 2018 -002 (T ract 36702), Community Facilities District No. 2019 -001 (Paradise Knolls), 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 (Public Safety, Montecito) for fiscal year 2022-23.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
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18. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
19. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Brian Berkson announced that he just received word that the California State Transportation Agency (CalSTA) has awarded $25 million to Metrolink for the final design and construction of improvements to the Metrolink 91/Perris Valley Line . The improvements include expansion of the Perris-South Station, specifically adding a second track and platform for increased operational efficiency.
Mayor Pro Tem L eslie Altamirano reported on her attendance at the WRCOG General Assembly meeting, stating that it was a very informative event.
20. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 8:30 p.m.
The next meeting of the Jurupa Valley City Council will be held July 21, 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
STAFF REPORT
DATE: JULY 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 15.B
REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN
WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(e) DURING THE COVID-19
STATE AND LOCAL EMERGENCY
RECOMMENDATION
1) That the City Council adopt Resolution No. 2022-88, 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 EMERGENC Y AND THE CITY
COUNCIL’S DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
BACKGROUND
At the beginning of the COVID -19 Pandemic, the Governor issued an Executive Order allowing the City Council and other City legislative bodies to conduct their meetings, in whole or in part, by telephone or other electronic means. This Executive Order expired but the Legislature adopted Chapter 165 of 2021 (AB 361) th at allows meetings of a legislative body such as the City Council or commissions to be conducted by telephone or other electronic means if certain findings are made concerning an emergency and certain procedures providing for public comment are followed.
A legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. Although the agency may still ask for public
RETURN TO AGENDA
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12774-0001\2619973v1.doc
RESOLUTION NO. 2022-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, AUTHORIZING
PUBLIC MEETINGS OF THE CITY COUNCIL TO BE
HELD WITH A T ELECONFERENCE OPTION FOR
MEMBERS OF THE CITY COUNCIL AND THE PUBLIC
DUE TO THE GOVERNOR’S DECLARATION OF
EMERGENCY AND THE CITY COUNCIL’S
DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e ), AND MAKING
FINDINGS AND DETERMINATIONS REGARDING THE
SAME
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find, determine and declare that:
(A) City Council is committed to public access and participation in its meetings and the meetings of all City legislative bodies while balancing the need to conduct public meetings in a manner that r educes the likelihood of exposure to COVID -19 and to support physical distancing during the COVID-19 pandemic.
(B) All meetings of the City Council and other City legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code, § 54950 et seq.), so that any member of the public may attend, participate, and watch the City Council and other City legislative bodies conduct their business.
(C) Pursuant to Chapter 165 of the Statutes of 2021 ( Assembly Bill 361 ) legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:
1) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. -2-
12774-0001\2619973v1.doc
(d) The Centers for Disease Control and Prevention c ontinue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than six feet apart from others for longer periods of time;
(e) Due to the ongoing COVID -19 pandemic and th e need to promote social distancing to reduce the likelihood of exposure to COVID -19, the City Council intend s to hold public meetings with an option for members of those bodies and the public to attend by teleconference pursuant to Government Code Section 54953(e) based on the following findings:
1) The declared emergency is still in effect. On March 4, 2020, the Governor declared a State of Emergency in California related to the COVID -19 pandemic (the “Emergency”) and this State of Emergency has not been re pealed. On March 20, 2020, the City Council adopted Resolution No. 2020-10 declaring a Local Emergency related to the COVID -19 Pandemic, which Local Emergency has been reaffirmed since that time, including the adoption of Resolution No. 2022-07 on January 20, 2022.
2) California State Department of Public Health and Riverside County have each recommended measures to promote social distancing. Thus, the California Division of Occupational Safety and Health still requires that employers provide for physical and social distancing in the workplace. Additionally, the Riverside County Department of Public Health still encourages people at risk for severe illness or death from COVID -19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing. 3) The City Council reaffirms the findings made in Res olution No. 2022-08 adopted on January 20, 2022. Staff will also present these findings on a monthly basis in the manner provided by Government Code Section 54953(e) thereafter should the above - mentioned conditions continue.
Section 2. The City Council will continue to hold in person public meetings during the Emergency with required social distancing to the extent practicable. The City Council shall have the option to conduct their meetings in whole or in part via teleconferencing pursuant to Government Code Section 54953(e).
Section 3. Staff is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act.
Section 4. The City Council will reconsider the above findings within thirty days of adoption of this Resolution.
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12774-0001\2619973v1.doc
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of July, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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12774-0001\2619973v1.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2022-88 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 21st day of July, 2022, by the following votes, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 21st day of July, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
120
STAFF REPORT
DATE: JULY 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 15.C
BIENNIAL REVIEW OF THE CITY OF JURUPA VALLEY’S CONFLICT
OF INTEREST CODE
RECOMMENDATION
1) Direct the City Manager to initiate the 20 22 Biennial Review of the City’s Conflict of Interest Code to determine if there is a need to amend the Code.
BACKGROUND:
On July 21, 2011, the Council adopted a City Conflict of Interest Code, as required by state law. The Conflict of Interest Code designates employees and officials that are required to disclose their financial interests by filing a Statement of Economic Interests – Form 700. The Conflict of Interest Code assigns disclosure catego ries specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interest that may create conflicts of interests.
ANALYSIS:
The Political Reform Act requires every local agency to review its Conflict of Interest Code each even -numbered year, and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code to the code reviewing body.
The City Manager, or his designee, is required to review the Conflict of Interest Code and file a written statement with the City Clerk regarding the outcome of the review on or before Octobe r 3, 20 22. If amendments to the City’s Conflict of Interest Code are necessary, the changes must be approved within 90 days pursuant to Government Code § 87306.5.
RETURN TO AGENDA
AGENDA ITEM NO. 15.D
12774-0001\2655804v1.doc
ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY OF JURUPA VALLE Y,
CALIFORNIA, AMENDING THE JURUPA VALLEY
MUNICIPAL CODE CONCERNING THE W -1 ZONE
(WATERCOURSE, WATERS HED 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
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN A S 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 March 17, 2022 regular City Council meeting, the City Council initiated an amendment to Chapter 9.225 (“W-1 Zone (Watercourse, Watershed and Conservation Areas”) of Title 9 (“Planning and Zoning”) of the Jurupa Valley Municipal Code, to amend the W-1 Zone and the permitted uses within the W -1 Zone (ZCA No. 22003) (the “ Zoning Code Amendment”), and requested that the Pla nning Commission study and report on the proposed Zoning Code Amendment, as set forth in this Ordinance.
(b) On June 8, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the proposed Zoning Code Amendment set forth in this Ordinance, at which time all persons interested in the proposed Zoning Code Amendment had the opportunity and did address the Planning Commission on these matters . F ollowing t he receipt of public testimony, the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearings and after due consideration of the testimon y, the Planning Commission adopted Resolution No. 2022-06-08-01 recommending that the City Council approve the proposed Zoning Code Amendment.
(c) On July 7, 2022, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Zoning Code Amendment , at which time all persons interested in the Project had the opportunity and did address the City Council on the se matters.
Following the receipt of public testimony the City Council closed the public hearing and duly considered the written and oral testimony received.
(d) All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. California Environmental Quality Act Findings. The proposed Zoning Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Zoning Code Amendment, amending uses permitted within the W-1 Zone, will have a significant effect on the environment. The proposed Zoning Code Amendment is an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed Zoning Code Amendment
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and the proposed CEQA determinations, and based on its own independent judg ment, finds that the Zoning Code Amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines Section 15061(b)(3).
Section 3. Project Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law , that the proposed Zoning Code Amendment should be adopted because the proposed Zoning Code Amendment is consistent with the City of Jurupa Valley 2017 General Plan in that:
(a) Without the proposed changes, the W-1 zoning provisions have the potential to cause damage to the community’s natural open space resources. In addition, the zone as written, could result in the loss of property and harm to the public due to flooding. (b) There are currently inconsistencies b etween the General Plan and the Zoning Code. The ordinance addresses these inconsistencies and amends the Zoning Code so that the W-1 zone is consistent with the land use designation of Open Space-Conservation set forth in the General Plan.
Section 4. Amendment to Chapter 9.225. Chapter 9.225, W-1 Zone (Watercourse, Watershed and Conservations Areas) of Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code is hereby amended in its entirety to read as follows:
“CHAPTER 9.225. - W-1 ZONE (WATERCOURSE, WATERSHED AND
CONSERVATION AREAS)
Sec. 9.225.010. - W-1 Zone (watercourse area) statement of policy.
There are some areas of the city which under present conditions are not suited for permanent occupancy or residency by persons for the reason that they are subjectdue to periodic flooding and other hazards. As a result of periodic flooding and other hazards, the W-1 zone classification is intended to provide areas that maintain and protect the community’s natural open space resources.
The provisions of this chapter are temporary in nature, awaiting detailed plans of development for the lands and areas so classified. The regulations of this chapter shall apply to la nds so classified until either:
(1) A drainage and storm water control plan approved by the Planning Commission and the City Council shall have been carried out and put into effect; or (2) The lands have been subdivided and a final subdivision map placed on record in accordance with the applicable state and city regulations, including approval by th e Planning Commission and City Council.
In either of these two (2) instances, the property may thereafter be reclassified into any other zone pursuant to regular zoning procedure.
Sec. 9.225.020. - Uses permitted.
A. The following uses are permitted in the W-1 Zone:
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(1) Field, tree and bush crops; flower and herb gardeningApiaries. (2) ApiariesNatural water recharge, percolation and watersheds. (3) The grazing only, of cattle, horses, sheep and goats and similar livestock, subject to the restrictions as to the number of animals per acre set forth in Section 9.175.020(A) (3)Wildlife preserves and sanctuaries.
(4) Golf courses, not including the construction of buildings. (4) Aquaculture.
(5) Water works facilities, both public and private intended primarily for the production and distribution of water for agricultural purposes.
(5) Hiking and equestrian trails.
(6) Scientific study/field work.
(7) Vistas and viewpoints.
(6) Utilities, both public and private.
(7) Aquaculture.
B. The following uses are permitted provided a conditional use permit has been granted:
(1) Airports and heliports.
(2) Any mining operation which is exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 (Pub. Resources Code Section 2710 et seq.) and Chapter 5.65.
(3) Exploratory oil drilling, producing oil wells, oil storage tanks and appu rtenant facilities, but not including refineries.
(4) Racing and competition events other than between humans. (5) Hunting clubs, skeet, trap, rifle and pistol ranges. (6) Recreational vehicle parks.
(7) Tennis, badminton, volleyball, squash, lacrosse, han dball, baseball, racquetball and football, courts and sport recreational fields and uses. (8) Buildings and structures in conjunction with any use that is permitted under subsection (A) of this section.
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C. The following uses are permitted upon approval of a Conditional Use Permit pursuant to Section 9.240.330:
(1) Signs, on -site advertising , unless previously approved as a part of a granted conditional use permit.
(2) Meteorological towers.
(3) Water works facilities, both public and private intended primarily for the production and distribution of water for agricultural purposes.
(4) Utilities, both public and private.
D. The following uses are permitted provided that the operator thereof holds a permit to conduct surface mining operations issued pursuant to Chapter 5.65, which has not been revoked or suspended: Any mining operation that is subject to the California Surface Mining and Reclamation Act of 1975 (Pub. Resources Code Section 2710 et seq.).
E. Commercial WECS and WECS arrays with no limit as to rated power output are permitted, provided a commercial WECS permit has been granted pursuant to the provisions of Section 9.240.420.”
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 Counc il 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 . Thi s 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 ce rtify 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 21st day of July, 2022.
______________________________
Chris Barajas
Mayor
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12774-0001\2655804v1.doc
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-12 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 7th day of July, 2022, and thereafter at a regular meeting held on the 21st 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 21st day of July, 2022.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
AGENDA ITEM NO. 15.E
ORDINANCE NO. 2022-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ADDING SECTION 2.37 OF THE JURUPA
VALLEY MUNICIPAL CODE ESTABLISHING THE PUBLIC WORKS
ADVISORY COMMITTEE
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Enactment of Chapter 2.37. Chapter 2.37, Public Works Advisory Committee, is hereby added to Title 2, Administration and Personnel, of th e Jurupa Valley Municipal Code to read as follows:
“Chapter 2.37 ̶ PUBLIC WORKS ADVISORY COMMITTEE
Sections:
2.37.010 ̶ Public Works Advisory Committee Established.
2.37.020 ̶ Number of Members; Appointment and Removal.
2.37.030 ̶ Term; Annual Reconfirmation.
2.37.040 ̶ Qualifications.
2.37.050 ̶ Officers.
2.37.060 ̶ Duties.
2.37.070 ̶ Meetings/Quorum.
2.37.080 ̶ Stipend.
2.37.010 ̶ Public Works Advisory Committee Established.
The Public Works Advisory Committee is hereby established.
2.37.020 ̶ Number of Members; Appointment and Removal.
A. The Public Works Advisory Committee shall consist of five (5) members.
Members of the Public Works Advisory Committee shall be appointed by the City Council. Each Council Member shall nominate one member of the Public Works Advisory Committee. Each such nominat ion shall require confirmation by a majority vote of the entire City Council.
1. Not less than ten (10) days prior to the meeting at which the Council will consider one or more appointments to the Public Works Advisory Committee the City Clerk shall post notice of the pending appointments and invite qualified persons to apply for the position or positions.
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2. The City Clerk shall post such notice at the locations where the City Council Agendas are posted pursuant to City Council resolution and on the City’s website.
3. In addition to these posting requirements, the City Clerk shall also comply with the posting requirements for vacancies and terms of members of the Public Works Advisory Committee as provided in Sections 54970 through 54974 of the California Government Code or their successor sections.
B. Members of the Public Works Advisory Committee shall serve at the pleasure of the City Council and a member of the Public Works Advisory Committee may be removed from the Public Works Advisory Committee by a majority vote of the entire City Council for any reason, with or without cause. If a member of the Public Works Advisory Committee is removed from office, then at the time of this vote the member shall be deemed removed from the Public Works Advisory Committee, the member’s term and tenure as a member of the Public Works Advisory Committee shall end, and a vacancy shall exist for that position.
C. If a vacancy should occur on the Public Works Advisory Committee such vacancies shall be fil led by appointment of a new member by the City Council for the unexpired portion of the term pursuant to the procedures of subsection A. of this Section.
2.37.030 ̶ Term; Annual Reconfirmation.
A. The term of each member of the Public Works Advisory Committee shall be for four (4) years or until their successors are appointed and sworn in as members, whichever is later.
B. Each year the City Council shall reconfirm the appointment of each member of the Public Works Advisory Committee.
1. The reconfirmation shall occur at a regular City Council meeting during the month of December of each year.
2. Each member of the Public Works Advisory Committee shall be reconfirmed by a majority vote of the entire City Council.
3. If a member of the Public Works Advisory Committee is not reconfirmed by a majority vote of the entire City Council, then at the time of this vote the member shall be deemed removed from the Public Works Advisory Committee , the member’s term and tenure as a member of the Public Works Advisory Committee shall end, and a vacancy shall exist for that position.
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2.37.040 ̶ Qualifications.
A. Members of the Public Works Advisory Committee shall, at all times during their incumbencies, be bona fide residents of the city.
B. No member of the Public Works Advisory Committee shall be a city employee, nor shall any member of the Public Works Advisory Committee be a member of another city commission or committee at any one time.
C. No member of the Public Works Advisory Committee shall serve in any capacity on a board, committee, or commission of any public agency or district.
2.37.050 ̶ Officers.
The officers of the Public Works Advisory Committee shall consist of a Chairperson and a Vice-Chairperson who shall be selected by a majority vote of the entire Public Works Advisory Committee. The terms of the Chairperson and Vice- Chairperson shall be from January 1 to December 31 of each year , subject to removal or failure to reconfirm pursuant to this Chapter.
2.37.060 ̶ Duties.
A. The Public Works Advisory Committee shall act as an advisory body to the City Council on matters relating to public works, including:
1. Advise the City Council regarding Public Works programs, including but not limited to, roads, storm drains, parkways, planted medians, traffic control devices, traffic signal s, maintenance of public infrastructure , and other public infrastructure obligations of the City; and
2. Assist staff to develop, review, and recommend a tree planting/maintenance policy; and
3. Assist staff in reviewing refuse rates and recycling programs; and
4. Recommend and prioritize to the City Council all Public Works capital improvement projects or any other significant project as selected by staff or the Committee from a list of capital improvement projects fo r inclusion in an upcoming Capital Improvement Program; and
5. Review and recommend clean energy, energy conservation, and environmental sustainability programs reducing greenhouse gas emissions; and
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6. Receive regular updates of the active Capital Improv ement Projects; and
7. Provide assistance in developing programs and/or
recommendations to the City Council regarding the most efficient and cost effective methods of providing for Public Works needs and requirements of the City.
B. Additionally, the Public Works Committee:
1. Shall not duplicate the efforts of the Planning Commission concerning review of land use, subdivisio ns, and other development plans;
2. Unless expressly authorized to do so by the City Council, it shall not represent itself to be, nor in any way act for or on behalf of the City Council, nor shall it commit the officers, employees or staff of the City in any manner or to any course of action but shall act as a study center and clearinghouse for advisory action to the City Council;
3. Shall not encroach upon any area preempted by State or Federal law; and
4. Shall forward all of its findings and recommendations to the City Council.
2.37.070 ̶ Meetings/Quorum.
A. The Public Works Committee shall meet quarterly and may conduct special meetings on an as needed basis. The Committee shall adopt a resolution setting the time and place of its regular quarterly meetings.
B. All meetings of the Public Works Advisory Committee shall be conducted in accordance with the provisions of the Ralph M. Brown Act ( Gov. Code Section 54950 et seq.).
C. A quorum of three members of the Public Works Advisory Committee shall be required for the transaction of any business.
2.37.080 ̶ Stipend.
Members of t he Public Works Advisory Committee may receive a stipend per meeting in an amount set by resolution of the City Council.” -5-
Section 2. Severability. If any section, subsection, 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 here by declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more section, subsection, sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 3. 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 4. Effective Date. This Ordinance shall take effect on the date provided in Section 36937 of the California Government Code.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of July, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-13 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 7th day of July, 2022, and thereafter at a regular meeting held on the 21st 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 21st day of July, 2022.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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120
STAFF REPORT
DATE: JULY 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 15.F
APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF
JURUPA VALLEY, CENTURY COMMUNITIES OF CALIFORNIA LLC ,
AND THE RIVERSIDE COUNTY FLO OD CONTROL AND WATER
CONSERVATION DISTRIC T FOR CONSTRUCTION AN D
MAINTENANCE OF BELLTOWN 30TH STREET STORM DRAINS STAGE
1 GENERALLY LOCATED ALONG AVALON STREET, CANAL STREET,
CANAL STREET EXTENSION, AND 30TH STREET
RECOMMENDATION
1) That the City Council approve the cooperative agreement with the Riverside County Flood Control and Water Conservation District (District) and Century Communities of California LLC, (Developer) and authorize the Mayor to sign the agreement.
BACKGROUND
As a condition of approval, the Developer of MA 18141 must construct certain flood control facilities in order to provide flood protection and drainage for their project and surrounding development.
ANALYSIS
The Developer and the District are proposing an agreement for the construction of flood control facilities in order to provide the required flood protection for the development. The proposed construction includes large diameter pipes (District Facilities) which will be owned and maintained by the District and which will outlet to existing District facilities (Rubidoux Retention Basin ). The Developer and the District will construct all of the necessary facilities. The City will own and maintain the catch basins, connector pipes, and inlets located within the City right of way (identified as “ CITY FACILITIES” in the
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cooperative agreement). The City is also party to this agreement as plan review and construction inspection will be conducted by City staff.
The District will calendar the agreement for consideration at the Board of Supervisor’s regularly scheduled meeting upon City approval of this agreement. Prior to the start of construction, a surety will be posted with the City for the Developer Facilities and District Facilities for work described in the agreement.
OTHER INFORMATION
The City Attorney has reviewed and approved the Agreements as to form.
Previous Actions:
February 13, 2019 - Jurupa Valley City Council adopted Resolution No. 2019-02- 13-04 approving MA 18141
FINANCIAL IMPACT
Plan review and inspection fees will be deposited with the City prior to construction of the facilities. The City will be responsible for the maintenance of the catch basins, connector pipes and inlets within the public right of way. There is no financial impact anticipated other than routine cleaning of catch basins and pipes accepted into the City system as part of subdivision improvements. The catch basin inlet and pipe maintenance annual costs are expected to be minimal.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
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COOPERATIVE AGREEMENT
Belltown 30th Street Storm Drain, Stage 1
Project No. 1-0-00158-01
Tract Map No. 37640
This Cooperative Agreement ("Agreement"), dated as of ___________________, is entered into by and between t he Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), the City of Jurupa Valley, a municipal corporation of the State of California ( "CITY") and Century Communities of California, L LC, a Delaware limited liability company ("DEVELOPER"). DISTRICT, CITY and DEVELOPER individually referred to herein as "Party" and collectively referred to herein as the "Parties". The Parties hereby agree as follows:
RECITALS
A. DEVELOPER is the legal owner of record of certain real property located within the city of Jurupa Valley and has submitted for approval Tract Map No. 37640 related to the property. Pursuant to the conditions of approval for Tract Map No. 37640 , DEVELOPER must construct certain flood control facilities in order to provide flood protection and drainage for DEVELOPER's planned development; and
B. The legal description of the property related to Tract Map No. 37640 is provided in Exhibit "A", attached hereto and made a part hereof; and C. The required flood control facilities and drainage improvements related to Tract Map No. 37640 are shown on DISTRICT Drawing No. 1-0737 and shown in concept on Exhibit "B", attached hereto and made a part hereof, and include the construction of:
(i). Line A ("BELLTOWN 30th STREET STORM DRAIN, STAGE 1") comprised of a pproximately 1,500 lineal feet of underground reinforced concrete pipe s greater than thirty-six inches (36") in diameter, as shown in concept in "red" on Exhibit "B", and 243541
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associated manholes, transition structures, junction structure and bulkhead. At the downstream terminus, BELLTOWN 30th STREET STORM DRAIN, STAGE 1 will drain into the existing DISTRICT- maintained Rubidoux R etention Basin , as shown on DISTRICT Drawing No. 1-0253; and
(ii). All safety devices requested by DISTRICT staff during the course of project construction and during any final field inspections, including, but not limited to, concrete pads, slope protection barriers, signage and fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be purchased and installed by DEVELOPER 's contractor and subject to DISTRICT's inspection and approval.
(iii). Together, BELLTOWN 30th STREET STORM DRAIN, STAGE 1 and SAFETY DEVICES are hereinafter called "DISTRICT
FACILITIES"; and
D. Associated with the construction of DISTRICT FACILITIES is the construction of various curbs and gutters, certain curb inlet catch basins, certain biofiltration curb inlet catch basins, and certain lateral connector pipes that are thirty -six inches (36 ") or less in diameter within CITY's right of way, are hereinafter called "CITY FACILITIES".
E. Together, DISTRICT FACILITIES and CITY FACILITIES are hereinafter called "PROJECT"; and
F. DEVELOPER and CITY desire DISTRICT to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES . Therefore, DISTRICT must review and approve DEVELOPER's plans and specifications for PROJECT and subsequently inspect and approve the construction of DISTRICT FACILITIES; and 243541
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G. DEVELOPER and DISTRICT desire CITY to accept ownership and the responsibility for the operation and maintenance of CITY FACILITIES; and H. DISTRICT is willing to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES provided DEVELOPER (i) complies with this Agreement; ( ii) constructs PROJECT in accordance with DISTRICT and CITY approved plans and specifications; ( iii) obtains and conveys to DISTRICT all rights of way necessary for the inspection, operation and maintenance of DISTRICT FACILITIES as set forth herein; and (iv) accepts ownership and responsibility for the operation and maintenance of PROJECT following completion of PROJECT construction until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES and CITY accepts ownership and responsibility for the operatio n and maintenance of CITY FACILITIES, as set forth herein; and
I. CITY is willing to (i) accept and hold faithful performance and payment bonds submitted by DEVELOPER on behalf of DISTRICT for DISTRICT FACILITIES; (ii) review and approve DEVELOPER 's plans an d specifications for PROJECT ; (iii) inspect the construction of PROJECT ; (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way; and (v) accept ownership and responsibility for the operation and maintenance of CITY FACILITIES, provided PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
DEVELOPER shall:
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1. Prepare PROJECT plans and specifications , hereinafter called "IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and submit to DISTRICT and CITY for their respective review and approval.
2. Continue to pay DISTRICT, within thirty (30) calendar days after receipt of periodic billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to cover DISTRICT's costs associated with (i) the review and approval of IMPROVEMENT PLANS ; (ii) the review and approval of right s of way and conveyance documents; (iii) the processing and administration of this Agreement ; and (iv) construction inspection costs. Additionally, DEVELOPER shall pay CITY, within thirty (30) calendar days after receipt of periodic billings from CITY, any and all such amounts as are deemed reasonably necessary by CITY to cover CITY 's costs associated with (i) the review and approval of IMPROVEMENT PLANS ; (ii) the review and approval of right s of way and conveyance documents; (iii) the processing and administration of this Agreement ; and (iv) construction inspection costs.
3. Grant DISTRICT and CITY, by execution of this Agreement, the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performing inspection services for the construction of PROJECT, as set forth herein.
4. Provide CITY, upon execution of this Agreement or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map No. 37640 or any phase thereof, whichever occurs first, with faithful performance and payment bonds in accordance with CITY's municipal code or ordinance, including any amendments thereto, for the estimated cost for construction of (i) DISTRICT FACILITIES as determined by DISTRICT ; and (ii) of CITY FACILITIES as determined by CITY. The surety, amount and form of the bonds shall be subject to approval of DISTRICT (Attention: Contract Services Section) and CITY. The bonds shall 243541
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remain in full force and effect until DISTRICT FACILITIES are acc epted by DISTRICT and CITY FACILITIES are accepted by CITY as complete. Both bonds shall be subscribed by an Admitted Surety Insurer, which is authorized to transact surety insurance business in the State of California with a policy holder 's rating of A o r higher and a Financial Class of VII or larger.
Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY.
5. Deposit with DISTRICT (Attention: Business Office – Accounts Receivable) and notify Contract Services Section , upon DISTRICT 's approval of IMPROVEMENT PLANS , the estimated cost of providing construction inspection for DISTRICT FACILITIES, in an amount as d etermined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto, based upon the bonded value of DISTRICT FACILITIES.
6. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a complete list of all contractors and subcontractors to be performing work on PROJECT, including the corresponding license number and license classification of each. At such time, DEVELOPER sh all further identify in writing its designated superintendent for PROJECT construction.
7. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a construction schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's contractor proposes to carry out the various parts of work, including estimated start and completion dates. As construction of PROJECT progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT.
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8. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a confined space entry procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations , Title 8, Section 5158, Other Confined Space Operations ; Section 5157, Permit Required Confined Space ; and District Confined Space Procedures, SOM -18. The procedure shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to Proceed, which shall be given by DISTRICT to DEVELOPER upon DISTRICT 's and CITY 's approval.
9. DEVELOPER shall not commence operations until DISTRICT (Attention:
Contract Services Section) and CITY have been furnished with original certificate(s) of insurance and orig inal certified copies of endorsements and , if requested, certified original policies of insurance including all endorsements and any and all other attachments. Upon approval of IMPROVEMENT PLANS, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "C", attached hereto and made a part hereof. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to DEVELOPER that DISTRICT is unable to perform its obligations hereunder, nor to accept responsibility for ownership, operation and maintenance of DISTRICT FACILITIES due, either in whole or in part, to said breach of this Agreement.
10. Secure, at its sole cost and expense , all necessary licenses, agreements, permits, approvals, rights of way, rights of entry and temporary construction easements as may be needed for the construction, inspection, operation and maintenance of PROJECT. Upon DISTRICT approval of IMPROVEMENT PLANS or not less than twenty (20) calendar days prior 243541
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to recordation of the final map for Tract Map No. 37640 or any phase thereof, whichever occurs first, DEVELOPER shall furnish DISTRICT (Attention: Plan Check Section) and CITY with sufficient evidence of DEVELOPER having secured such necessary licenses, agreements, permits, approvals, rights of way, rights of entry, and temporary construction easements, as determined and approved by DISTRICT and CITY.
11. Upon DISTRICT approval of IMPROVEMENT PLANS, obtain an d provide DISTRICT (Attention: Real Estate Services Section), with duly executed Irrevocable Offers(s) of Dedication to the public for flood control and drainage purposes, including ingress and egress, for the rights of way deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of DISTRICT FACILITIES. The Irrevocable Offer(s) of Dedication shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property(ies) described in the Irrevocable Offer(s).
12. Furnish DISTRICT (Attention: Plan Check Section), when submitting the Irrevocable Offer(s) of Dedication as set forth in Section I.11., with Preliminary Reports on Title dated not more than thirty (30) calendar days prior to date of submission of all the property (ies) described in the Irrevocable Offer(s) of Dedication.
13. Furnish DISTRICT (Attention: Plan Check Section) and CITY each with a set of final mylar plans PROJECT plans and assign their ownership to DISTRICT and CITY respectively prior to the start on any portion of PROJECT construction.
14. Notify DISTRICT (Attention: Construction Management Section ) and CITY in writing after receiving DISTRI CT's plan check, rights of way and administrative clearance for PROJECT as set forth in Sections I.4 through I.13., within twenty (20) calendar days written notice of intent to start of construction of PROJECT, and include PROJECT's geotechnical firm, concrete lab/test firm, D -Load test forms, trench shoring/false work calculations and 243541
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concrete mix designs for DISTRICT's review and approval. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT ha s issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to commence construction of PROJECT.
15. Prior to commencing construction, obtain, at its sole cost and expense , and furnish DISTRICT (Attention: Plan Check Section) and CITY with copies o f all permits, approvals or agreements required by any federal, state, or local resource and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such documents may include, but are not limited to, those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").
16. Not permit any change to or modification of DISTRICT and CITY approved IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT and CITY.
17. Comply with all Cal/OSHA safety regulations, including, but not limited to, regulations concerni ng confined space and maintain a safe working environment for DEVELOPER, DISTRICT and CITY employees on the site.
18. Construct or cause to be constructed PROJECT at DEVELOPER 's sole cost and expense, in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
19. Within two (2) weeks of completing PROJECT construction, provide DISTRICT (Attention: Construction Management Section) and CITY with written notice that PROJECT construction is substantially complete , and request (i) DISTRICT conduct a final inspection of DISTRICT FACILITIES ; and (ii) CITY conduct a final inspection of CITY FACILITIES.
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20. Upon completion of PROJECT construction, and upon acceptance by CITY of all rights of way deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation, and maintenance, convey, or cause to be conveyed to DISTRICT the flood control easement(s), including ingress and egress, in a form approved by DISTRICT, to the rights of way as shown in concept cross -hatched in black on Exhibit "D", attached hereto and made a part hereof. The easement(s) or grant deed(s) shall be in a form approved by both DISTRICT and CITY and shall be executed by all legal and equitable owners of the property(ies) described in the easement(s) or grant deed(s).
21. At the time of recordation of the conveyance document(s) as set forth in Section I.20., furnish DISTRICT with policies of title insurance, each in the amount of not less than (i) f ifty percent (50%) of the estimated fee value as determined by DISTRICT for each easement parcel to be conveyed to DISTRICT; or (ii) one hundred percent (100%) of the estimated value as determined by DISTRICT for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), except those which in the sole discretion of DISTRICT are acceptable.
22. Upon completion of P ROJECT construction, a ccept ownership , sole responsibility and all liability whatsoever for the operation and maintenance of DEVELOPER FACILITIES. Additionally, DEVELOPER shall a ccept ownership, sole responsibility and all liability whatsoever for the operation and maintenance of DISTRICT FACILITIES and CITY FACILITIES until such time as (i) DISTRICT accepts ownership and responsibility for operation and maintenance of DISTRICT FACILITIES; and (ii) CITY accepts ownership and responsibility for operation and maintenance of CITY FACILITIES.
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23. Upon completion of PROJECT construction but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT (Attention: Construction Management Section) with (i) soil compaction report(s) – stamped and wet signed by the geotechnica l engineer; (ii) concrete testing report(s) – stamped and wet signed by the civil engineer of record ; and (iii) a redlined "record drawings" copy of IMPROVEMENT PLANS. After DISTRICT approval of the redlined "record drawings". DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT 's original mylars at DISTRICT 's office; after which, the engineer shall review, stamp and sign the original DISTRICT FACILITIES engineering plans as "record drawings".
24. Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable local, state and federal laws and regulations, including, but not limited to, all applicable provisions of the Labor Code, Business and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.
25. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJ ECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered.
SECTION II
DISTRICT shall:
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1. Review IMPROVEMENT PLANS and approve when DISTRICT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and approve IMP ROVEMENT PLANS prior to DISTRICT's final approval.
3. Upon execution of this Agreement, record or cause to be recorded a copy of this Agreement in the Official Records of the Riverside County Recorder.
4. Record or cause to be recorded the Irrevocable Offer(s) o f Dedication provided by DEVELOPER pursuant to Section I.11.
5. Endeavor to issue DEVELOPER a Notice to Proceed within twenty (20) calendar days of receipt of DEVELOPER 's complete written notice as set forth in Section I.1 4.; however, DISTRICT's construction inspection staff is limited and, therefore, the issuance of a Notice to Proceed is subject to staff availability.
6. The DISTRICT r eserves the right to withhold issuance of the Notice to Proceed pursuant to Section IV.4.
7. Inspect construction of DISTRICT FACILITIES.
8. Keep an accurate accounting and submit periodic invoices to DEVELOPER of all DISTRICT costs associated with the (i) review and approval of IMPROVEMENT PLANS; (ii) review and approval of right of way and conveyance documents; and (iii) processing and administration of this Agreement.
9. Keep an accurate accounting of all DISTRICT construction inspection costs and , within forty -five (45) calendar days after DISTRICT acceptance of DISTRICT FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit as set forth in Section I.5. exceeds such inspection costs, DISTRICT shall reimburse DEVELOPER 243541
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the excess amount within sixty (60) calendar days after DISTRICT 's acceptance of DISTRICT FACILITIES as being complete.
10. Provide DEVELOPER with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLANS upon (i) DISTRICT acceptance of PROJECT construction as being complete ; and (ii) DISTRICT receipt of stamped and signed "record drawing" of IMPROVEMENT PLANS as set forth in Section I.23.
11. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES upon (i) DISTRICT inspection of DISTRICT FACILITIES in accordance with Section I. 19.; (ii) DISTRICT acceptance of PROJECT construction as being complete; (iii) DISTRICT receipt of stamped and signed "record drawings" of IMPROVEMENT PLANS as set forth in Section I.2 3.; (iv) recordation of all conveyance documents described in Section I.21.; (v) DISTRICT FACILITIES are fully functioning as a flood control drainage system as solely determined by DISTRICT ; and (vi) DISTRICT's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained condition.
12. Prior to DISTRICT acceptance of ownership and responsib ility for the operation and maintenance of DISTRICT FACILITIES, DISTRICT FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to any inspection and in the sole discretion of DISTRICT, DISTRICT FACIL ITIES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.
13. Provide CITY with a reproducible duplicate copy of "record drawings" of DISTRICT FACILITIES along with a written notice that PROJECT is complete and request CITY release bonds held for DISTRICT FACILITIES upon (i) DISTRICT acceptance of PROJECT construction as being complete ; and (ii) DISTRICT receipt of stamped and signed "record drawing" of IMPROVEMENT PLANS, as set forth in Section I.23. 243541
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SECTION III
CITY shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of PROJECT construction when CITY has determined that such plans meet CITY standards.
2. Accept CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER , which meet the requirements of CITY's municipal code or ordinances, as set forth in Section I.4., and hold said bonds as provided herein. The surety, amount and form of the bonds shall be subject to approval of DISTRICT (Attention: Contract Services Section) and C ITY. The bonds shall remain in full force and effect until DISTRICT accepts DISTRICT FACILITIES as complete and CITY accepts CITY FACILITIES as complete. CITY shall not release said bonds until DISTRICT provides C ITY with a reproducible duplicate copy of "record drawings" and written notification as set forth in Section II.13.
3. Inspect PROJECT construction.
4. Consent, by execution of this Agreeme nt, to DISTRICT recording of any Irrevocable Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement.
5. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication as set forth herein and any other outstanding offers of dedicatio n necessary for the construction, inspection, operation and maintenance of DISTRICT FACILITIES , and convey sufficient rights of way to DISTRICT to allow DISTRICT to construct, inspect, operate and maintain DISTRICT FACILITIES.
6. Grant DISTRICT, by execution of this Agreement, the right to inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way.
7. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, convey o r 243541
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cause to be conveyed to DISTRICT the flood control easement(s) , including ingress and egress, to the rights of way as shown in concept in "cross-hatched" on Exhibit "D".
8. Accept ownership and sole responsibility for the operation and maintenance of CITY'S FACILITIES upon DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance.
9. Release occupancy permits in accordance with the approved conditions of approval for Tract Map No. 37640.
10. Upon DISTRICT and CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portions of DISTRICT FACILITIES are improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
SECTION IV
It is further mutually agreed:
1. All construction work involved with PROJECT shall be inspected by DISTRICT and CITY but shall not be deemed complete until DISTRICT and CITY mutually agree in writing that construction of PROJECT is completed in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
2. CITY and DISTRICT personnel may observe and inspect all work being done on DISTRICT FACILITIES but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DEVELOPER 's contractor(s) during the construction of PROJECT.
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3. If DEVELOPER fails to commence construction of PROJECT within twenty-four (24) consecutive months after execution of this Agreement, it is expressly understood that since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute authority for DISTRICT to perform the remaining work to complete the PROJECT and require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. In which case, CITY shall subsequently r eimburse DISTRICT from the funds paid by DEVELOPER's surety for any DISTRICT costs incurred to perform the remaining work to complete PROJECT.
4. If DEVELOPER fails to complete construction of PROJECT within twelve (12) consecutive months after commencement of construction of PROJECT , then DISTRICT reserves the right to withhold issuance of the Notice to Proceed pending a review of the existing site conditions as they exist at the time DEVELOPER provides written notification to DISTRICT of the start of construction as set forth in Section I.14. In the event of a change in the existing site conditions that materially affects PROJECT function or DISTRICT 's ability to operate and maintain DISTRICT FACILITIES, DISTRICT may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by DISTRICT. In the event of a change in the existing site conditions that materially affects PROJECT function or CITY's ability to operate and maintain CITY FACILITIES, CITY may require DEVELOPER to modify IMPROVEME NT PLANS as deemed necessary by CITY.
5. In the event DEVELOPER wishes to expedite issuance of a Notice to Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at DEVELOPER's sole cost and expense. DEVELOPER shall furnish a ppropriate documentation of the individual 's credentials and experience to DISTRICT for review and, if appropriate, approval. DISTRICT shall review the individual 's qualifications and experience, and upon 243541
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approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be authorized to act on DISTRICT 's behalf on all DISTRICT FACILITIES construction and quality control matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section I.4. exceeds Ten Thousand Dollars ($10,000), DISTRICT shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER's initial inspection deposit within forty-five (45) calendar days of DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is necessary to work more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a written request for permission from DISTRICT and CITY to work the additional hours. The request shall be submitted to DISTRICT and CITY at least seventy -two (72) hours prior to the requested additional work hours and state the reasons for the overtime and the specific time frames required. The decision of granting permission for overtime work shall be made by DISTRICT and CITY at their sole discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with County of Riverside Ordinance Nos. 671 and 749, including any amendments thereto.
7. DEVELOPER shall indemnify and hold harmless DISTRICT, the County of Riverside, CITY (including each of their Agencies, Districts, Special Districts and Departments, their respect ive directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives ) ( individually and collectively referred to as "Indemnitees") from any liability whatsoever, based or asserted upon any services of 243541
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DEVELOPER, its officers, employees, subcontractors, agents or representatives, arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of DEVELOPER, its officers, employees, subcontractors, agents or representatives, from this Agreement. DEVELOPER shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.
8. With respect to any action or claim subject to indemnification herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and may adjust, settle or compromise any such action or claim only with the prior consent of DISTRICT , the County of Riverside and CITY. Any such adjustment, settlement or compromise shall not in any manner whatsoever limit or circumscribe DEVELOPER 's indemnification to Indemnitees as set forth herein. No settlement on behalf of CITY that would impose construction, maintenance or other obligations on CITY beyond those described in this Agreement shall be effective unless and until the settlement agreement is agreed to in writing by the City Manager on behalf of CITY.
9. DEVELOPER's obligation hereunder shall be satisfied when DEVELOPER has provided to DISTRICT, the County of Riverside and CITY the appropriate form of dismissal relieving DISTRICT, the County of Riverside or CITY from any liability for the action or claim involved.
10. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER's obligations to indemnify and hold harmless the Indemnitees herein from third party claims.
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11. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with California Civil Code Section 2782.
Such interpretation shall not relieve DEVELOPER from indemnifying the Indemnitees to the fullest extent allowed by law.
12. DEVELOPER for itself, its successors and assigns hereby release s DISTRICT, the County of Riverside and CITY (including each of their A gencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives ) from any and all claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a rel ease by DISTRICT , County of Riverside or CITY (including their Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) of DEVELOPER from any and all claims, demands, actions or suits of a ny kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of PROJECT by DEVELOPER after the acceptance of PROJECT by DISTRICT or CITY.
13. Any waiver by any Party hereto of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of any Party hereto to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping such Party from enforcement hereof. 243541
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14. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contract Services Section
To CITY: CITY OF JURUPA VALLEY
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attn: James Xiong c/o Jennifer Trujillo
To DEVELOPER: CENTURY COMMUNITIES OF CALIFORNIA, LLC
A DELAWARE Limited Liability Company
4695 Mac Arthur Court, Suite 300
Newport Beach, CA 92660
Attn: Justin Brewer
15. This Agreement is to be construed in accordance with the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
16. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other County.
17. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import ance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
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18. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.
19. No Party shall assign this Agreement without the writt en consent of all other Parties. Any attempt to delegate or assign any interest herein without written consent of all other Parties shall be deemed void and of no effect. In the event DEVELOPER sells Tract Map No. 37640, DEVELOPER shall notify DISTRICT and CITY of any such transfer or assignment in writing no later than thirty ( 30) calendar days from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties in th is Agreement until DISTRICT, CITY, DEVELOPER and the new owner(s) of Tract Map No. 37640 fully execute an assignment and assumption agreement that transfers all DEVELOPER's rights, duties or obligations hereunder to the new owner (s) of Tract Map No. 37640.
20. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement and have been authorized to do so by all boards of directors, legal counsel and/or any other board, committee or other entity within their respective company(ies) which have the authority to authorize or deny entering into this Agreement.
21. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto. 243541
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22. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
.
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM:
ATTEST:
COUNTY COUNSEL
KECIA HARPER
Clerk of the Board
By
AARON C. GETTIS
Supervising Deputy County Counsel
By
Deputy
(SEAL)
[Signed in Counterpart]
Cooperative Agreement:
Belltown 30th Street Storm Drain, Stage 1
Project No. 1-0-00158-01
Tract Map No. 37640
AK:blm:rlp
05/02/22
243541
RECOMMENDED FOR APPROVAL: CITY OF JURUPA VALLEY
By
ROD B. BUTLER
City Manager
By
CHRIS BARAJAS
Mayor
APPROVED AS TO FORM: ATTEST:
By
PETER M. THORSON
City Attorney
By
VICTORIA WASKO
City Clerk
(SEAL)
Cooperative Agreement:
Belltown 30th Street Storm Drain, Stage 1
Project No. 1-0-00158-01
Tract Map No. 37640
AK:blm:rlp
05/02/22
- 23 -
Cooperative Agreement:
Belltown 30th Street Storm Drain, Stage 1
Project No. I -0-001 58-0 t
Traot Map No. 37640
AK:blm:rlp
0s102122
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CENTURY COMMUNITIES OF' CALIF'ORNIA,
LLC,
a Delaware limited liability company
JU
Its: Division Manager
BREWER
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
By
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CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
Countyo, Orange
on June 23,2022before me,W. Lewis, notary public(name and title of officer), personally appearedJustin Brewer, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
w LEW|S
Notary Public - California
WITNESS my hand and official seal.
Signature
0range County
Commission il 2261019
My Comm. Expires Oct 31, 2022
(Seal)
6Page 1 of 1
Order Number: OSA-6569825 (RA)
Page Number: 6
First American Title
LEGAL DESCRIPTION
Real property in the City of Jurupa Valley, County of Riverside, State of California, described as follows:
PARCEL 1: (APN NO.: 178-191-001)
LOT 2 IN BLOCK 10 OF WEST RIVERSIDE, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 9, PAGE 34 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
EXCEPT THEREFROM A STRIP OF LAND 47 FEET WIDE, OFF THE NORTHERLY SIDE OF SAID LOT;
ALSO EXCEPT THEREFROM THE FOLLOWING PORTION DESCRIBED BY METES AND BOUNDS:
BEGINNING AT AN IRON PLUG, 1-1/2 INCHES IN DIAMETER BY 14 INCHES LONG DRIVEN FLUSH WITH THE GROUND IN THE CENTER OF "A" STREET, IN SAID WEST RIVERSIDE, FROM WHICH THE NORTHEAST CORNER OF SAID LOT BEARS NORTH 36º 20’ EAST, 47 FEET; THENCE NORTH 53º 40’ WEST, 677.2 FEET;
THENCE SOUTH 29º 35’ WEST, 98.1 FEET;
THENCE SOUTH 46º 50’ WEST, 226.7 FEET;
THENCE SOUTH 53º 40’ EAST, 707.23 FEET;
THENCE NORTH 36º 20’ EAST, 320.4 FEET TO THE POINT OF BEGINNING;
ALSO EXCEPT THEREFROM A STRIP OF LAND 12 FEET WIDE ALONG A PORTION OF THE SOUTHERLY SIDE, DEEDED TO IDA C. PARKS, AS DESCRIBED IN DEED RECORDED IN BOOK 307 PAGE 269 OF DEEDS, RIVERSIDE COUNTY RECORDS;
ALSO EXCEPT THEREFROM THAT PORTION THEREOF CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED DECEMBER 28, 1951 AS INSTRUMENT NO. 53534, RIVERSIDE COUNTY RECORDS.
PARCEL 2: (APN NO.: 178-191-002)
THAT PORTION OF LOT 2 IN BLOCK 10 OF MAP OF WEST RIVERSIDE, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN BOOK 9, PAGE 34 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PLUG 1 1/2 INCHES IN DIAMETER BY 14 INCHES LONG DRIVEN FLUSH WITH THE GROUND IN THE CENTER OF "A" STREET, FROM WHICH THE NORTHEASTERLY CORNER OF LOT 2 IN SAID BLOCK 10, BEARS NORTH 36º 20’ EAST, A DISTANCE OF 47 FEET; THENCE NORTH 53º 40’ WEST, 677.2 FEET; THENCE SOUTH 29º 35’ WEST, 98.1 FEET; THENCE SOUTH 46º 50’ WEST, 226.7 FEET; THENCE SOUTH 53º 40’ EAST, 707.23 FEET; THENCE NORTH 36º 20’ EAST, 320.4 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS THEREOF LYING WITHIN A STREET (NOW AVALON STREET) AND CANAL STREET.
PARCEL 3: (APN NO.: 178-191-004)
LOT 4 IN BLOCK 24, AND THE NORTHEASTERLY 47 FEET OF LOT 2 IN BLOCK 10, OF MAP OF WEST
RIVERSIDE, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN BOOK 9, PAGE 34 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.
Order Number: OSA-6569825 (RA)
Page Number: 7
First American Title
EXCEPTING THEREFROM THE NORTHEASTERLY 559.88 FEET OF SAID LOT 4.
ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF LYING WITHIN A STREET (NOW AVALON STREET) AND CANAL STREET.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF A STREET, 47 FEET SOUTHWESTERLY FROM THE
INTERSECTION OF THE CENTER LINE OF SAID A STREET WITH THE SOUTHWESTERLY LINE OF SAID LOT 4 PRODUCED SOUTHEASTERLY; THENCE AT RIGHT ANGLES NORTHWESTERLY, 198 FEET TO A POINT 47 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF SAID LOT 4; THENCE AT RIGHT ANGLES NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF A STREET, 110 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 198 FEET TO A POINT IN THE CENTER LINE OF A STREET; THENCE SOUTHWESTERLY ON THE CENTER LINE OF A STREET, 110 FEET TO THE POINT OF BEGINNING.
PARCEL 4: (APN NO.: 178-191-015)
THAT PORTION OF LOT 2 IN BLOCK 10, AND LOT 4 IN BLOCK 24, OF MAP OF WEST RIVERSIDE, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN BOOK 9, PAGE 34 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF A STREET, 47 FEET SOUTHWESTERLY FROM THE
INTERSECTION OF THE CENTER LINE OF SAID A STREET WITH THE SOUTHWESTERLY LINE OF SAID LOT 4 PRODUCED SOUTHEASTERLY; THENCE AT RIGHT ANGLES NORTHWESTERLY, 198 FEET TO A POINT 47 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF SAID LOT 4; THENCE AT RIGHT ANGLES NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF A STREET, 110 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 198 FEET TO A POINT IN THE CENTER LINE OF A STREET; THENCE SOUTHWESTERLY ON THE CENTER LINE OF A STREET, 110 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN A STREET, (NOW AVALON STREET).
PARCEL 5: (APN NO’S.: 179-060-004 AND 179-060-005 AND 179-060-006 AND 179-060-007)
ALL OF LOTS 6 AND 7 OF ARTHUR PARKS TRACT, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 1, PAGE 21 OF MAPS, RIVERSIDE COUNTY RECORDS.
TOGETHER WITH A PORTION OF LOT 5 OF SAID ARTHUR PARKS TRACT AS SHOWN BY MAP ON FILE IN BOOK 1, PAGE 21 OF MAPS, RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 5; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY LINE 56-1/2 RODS; THENCE SOUTHEASTERLY AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 5, TO THE SOUTHEASTERLY LINE OF SAID LOT 5; THENCE NORTHEASTERLY, ON THE SOUTHEASTERLY LINE OF SAID LOT, 56-1/2 RODS, TO THE MOST EASTERLY CORNER THEREOF; THENCE NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT, TO THE POINT OF BEGINNING.
EXCEPTING FROM SAID LOT 7 THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 7; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7, 1379.14 FEET, MORE OR LESS, TO THE NORTHEASTERLY
Order Number: OSA-6569825 (RA)
Page Number: 8
First American Title
CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO GEORGE H. PARKS, BY DEED RECORDED FEBRUARY 27, 1920 IN BOOK 523, PAGE 369 OF DEEDS, RIVERSIDE COUNTY RECORDS; THENCE NORTHWESTERLY AND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 7, TO ITS INTERSECTION WITH THE PUBLIC ROADWAY ALONG THE NORTH RIVERSIDE AND JURUPA CANAL;
THENCE WESTERLY ALONG THE LINE OF SAID PUBLIC ROAD, TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID LOT 7; THENCE SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 7, TO THE SOUTHWESTERLY CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 7, 7.29 CHAINS, MORE OR LESS, TO THE POINT OF BEGINNING.
ALSO EXCEPTING FROM SAID LOTS 6 AND 7 THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 7; THENCE NORTHEASTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7, 1379.14 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO GEORGE H. PARKS BY DEED RECORDED FEBRUARY 27, 1920 IN BOOK 523, PAGE 369 OF DEEDS, RIVERSIDE COUNTY RECORDS, THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7, 667 FEET, TO THE NORTHERLY CORNER OF LOT 8 OF SAID ARTHUR PARKS TRACT, AS SHOWN BY MAP ABOVE REFERRED TO; THENCE SOUTH 62º 45’ 30" EAST 261.65 FEET, ALONG THE NORTHERLY LINE OF SAID LOT 8, TO THE SOUTHERLY CORNER OF SAID LOT 6; THENCE NORTH 38º 07’ 20" EAST ALONG THE SOUTHEASTERLY LINE OF LOT 6, 745.06 FEET; THENCE NORTH 59º 13’ WEST 360.21 FEET, TO A POINT IN CANAL STREET; THENCE SOUTH 84º 49’ 30" WEST 107.5 FEET; THENCE ON A CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 166.28 FEET AND AN ANGLE OF 16º 40’ 47.6 FEET; THENCE NORTH 78º 30’ 30" WEST 27.18 FEET, TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO GEORGE H. PARKS, ABOVE REFERRED TO; THENCE SOUTH 57º 46’ 30" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL, 255.58 FEET, TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SAN PEDRO, LOS ANGELES AND SALT LAKE RAILROAD COMPANY, RECORDED MARCH 31, 1911 IN BOOK 327, PAGE 99 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE COUNTY OF RIVERSIDE, RECORDED APRIL 7, 1916 IN BOOK 433, PAGE 167 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
ALSO EXCEPTING FROM SAID LOT 5 THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 5 WHICH BEARS SOUTH 38º 00' WEST, A DISTANCE OF 932.25 FEET (56-1/2 RODS) FROM THE MOST EASTERLY CORNER THEREOF; THENCE NORTH 38º 00’ EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5, A DISTANCE OF
58.29 FEET; THENCE NORTH 59º 11’ WEST, A DISTANCE OF 553.82 FEET, MORE OR LESS, TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 5; THENCE SOUTH 38º 07’ WEST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 TO A POINT WHICH BEARS SOUTH 38º 07’ WEST, A DISTANCE OF 932.25 FEET (56-1/2 RODS) FROM THE MOST NORTHERLY CORNER OF SAID LOT 5; THENCE SOUTH 59º 15’ 30" EAST, AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 5 TO THE POINT OF BEGINNING.
ALSO EXCEPTING FROM SAID LOTS 5 AND 6 THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF PARCEL 1 AS CONVEYED BY NETTIE L. HEISS, A WIDOW TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 4, 1961 AS INSTRUMENT NO. 66653 IN BOOK 2956, PAGE 574 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM SAID LOT 5 THAT PORTION DESCRIBED AS PARCEL 2 AS CONVEYED BY NETTIE L. HEISS, A WIDOW TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 4, 1961 AS
Order Number: OSA-6569825 (RA)
Page Number: 9
First American Title
INSTRUMENT NO. 66653 IN BOOK 2956, PAGE 574 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM SAID LOT 7, THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 7 OF ARTHUR PARKS TRACT, AS SHOWN BY MAP ON FILE IN BOOK 1, PAGES 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 7;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 7, SOUTH 58°40’44” EAST, 450.00 FEET;
THENCE LEAVING SAID NORTHEASTERLY LINE OF LOT 7, SOUTH 46°53’47” WEST, 277.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1462.68 FEET;
THENCE SOUTHWESTERLY 115.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°32’06”;
THENCE SOUTH 42°21’41” WEST, 191.80 FEET;
THENCE NORTH 47°38’19” WEST, 20.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 428.34 FEET;
THENCE SOUTHWESTERLY 456.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°06’43”;
THENCE NORTH 76°31’36” WEST, 135.56 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 7;
THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE, NORTH 39°00’14” EAST, 939.99 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM LOT 6 AND 7, THAT PORTION OF LAND AS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 6 AND LOT 7 OF ARTHUR PARKS TRACT, AS SHOWN BY MAP ON FILE IN BOOK 1, PAGES 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
A STRIP OF LAND 15.00 FEET WIDE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 6;
THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 6, SOUTH 58°26’56” EAST,
36.20 FEET MORE OR LESS.
THENCE SOUTH 34°12’29” WEST, 35.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 170.68 FEET;
THENCE SOUTHWESTERLY 73.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°32’00”;
THENCE SOUTH 58°44’39” WEST, 210.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 346.20 FEET;
Order Number: OSA-6569825 (RA)
Page Number: 10
First American Title
THENCE SOUTHWESTERLY 102.32 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°56’00”;
THENCE SOUTH 41°48’39” WEST, 205.40 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 414.72 FEET;
THENCE SOUTHWESTERLY 96.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°23’00”;
THENCE SOUTH 55°11’39” WEST, 118.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 120.25 FEET;
THENCE SOUTHWESTERLY 63.93 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°27’31”;
THENCE SOUTH 85°39’10” WEST, 107.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 143.78 FEET;
THENCE WESTERLY 41.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°42’16”;
THENCE SOUTH 77°38’34” WEST, 284.19 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 7.
ALSO EXCEPTING FROM THE HEREINABOVE DESCRIBED PROPERTY ANY PORTION THEREOF INCLUDED IN PUBLIC ROADS.
EXHIBIT “C”
Insurance Requirements | Page 1 of 3
DISTRICT's Insurance Requirements is as follows:
Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages du ring the term of this Agreement. As respects to the insurance section only, the “DISTRICT” herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers' Compensation:
If DEVELOPER has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Po licy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of DEVELOPER's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then DEVELOPER shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.
D. Professional Liability:
DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the performance of DEVELOPER's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability EXHIBIT “C”
Insurance Requirements | Page 2 of 3
Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.
E. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The DEVELOPER must declare its insurance self-insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self -insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, DEVELOPER's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c. DEVELOPER shall ca use their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if req uested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and po licies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insura nce. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement EXHIBIT “C”
Insurance Requirements | Page 3 of 3
found herein, DEVELOPER shall cause DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsemen ts or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
e. It is understood and agreed by the parties hereto that DEVELOPER 's insurance shall be construed as pr imary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self -insured programs shall not be construed as contributory.
f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by DEVELOPER has become inadequate.
g. DEVELOPER shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. DEVELOPER agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
EXHIBIT "D"
COOPERATIVE AGREEMENT
Belltown 30th Street Storm Drain, Stage 1
Project No. 1-0-00158-01
Tract Map No. 37640
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120
STAFF REPORT
DATE: JULY 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 15.G
AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND KILEY AND ASSOCIATES FOR FEDERAL
LEGISLATIVE ADVOCACY SERVICES
RECOMMENDATION
That the City Council approve the Agreement between the City of Jurupa Valley and Kiley and Associates for Federal L egislative Advocacy S ervices and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
The City of Jurupa Valley currently contracts for professional lobbyist services at the State level but does not have representation at the Federal level. The City of Jurupa Valley is in a stage of substantial growth and development and securing a Federal Legislati ve Advocacy Service will assist the City in securing grants and other discretionary funding as well as provide services to advance the City’s legislative priorities.
Kiley and Associates was founded in 2009 and has a team of professionals with decades of presence in Washington. They provide legislative advocacy services for cities, states and communities and have s trong California connections and extensive experience in representing government entities. They have helped many clients successfully achieve policy, regulatory, and funding goals.
Over the last year, Kiley and Associates assisted the City of Jurupa with outreach to our US Senators and Congressional Representative on a variety of projects. Working with City staff and Congressman Takano’s Office, they assisted in the preparation of a $2.3 million for Mission Boulevard Pavement Rehabilitation -Phase 2, Ben Nevis to Bellegrave Congressional funding request. The request has now progressed to the House Appropriations Committee, and is expected to receive approval.
RETURN TO AGENDA
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ANALYSIS
The proposed professional services agreement will engage Kiley & Associates to assist the City of Jurupa Valley in developing a Federal funding and policy agenda and assist the City with outreach for grant funding. In addition, the firm will monitor and keep the City informed regarding Federal legis lation and appropriations, and policy developments.
Equally important, they will help the City establi sh an active presence with our F ederal representatives.
This next year we anticipate applying for Federal funding through the President’s Infrastructure Program, Active Transportation Program, the Highway Safety Improvement Program and other Federal funding opportunities . Having a dedicated government relations firm will assist Staff with building relationships and increase the City’s profile with the Calif ornia House and Senate delegation s, Federal agencies and the Biden Administration. Kiley and Associates will collaborate with Staff to create a Federal government targeted funding and outreach program. The focus will be on developing a plan to apply for ea rmarks and targeted funding within specific Federal agencies and developing crucial relationships with program managers responsible for administering target grants.
In addition, to grants assistance , Kiley and Associates assist with legislative policy concerns. Over the years they have developed a valuable relationship network with Federal agencies that include, but are not limited to, Housing and Urban Development (Community Development Block Grants), Army Corp of Engineers, Federal Railroad Administration, Departments of Labor and Education (Inland Empire Trade Tech Center), Department of Transportation , Federal Emergency Management Agency and the Environmental Protection Agency . These are the key Federal agencies that gover n, regulate and/or provide funding for roadway projects, railroad projects and issues, the Santa Ana River, the Stringfellow site, the CDBG program, IETTC, disaster relief, and housing.
The following is one example of how Kiley and Associates can assist th e City. As we know, the City both benefits and is greatly challenged by a network of heavy and light rail infrastructure. City staff continues to work with Union Pacific Railroad (UPRR) in response to complaints of noise, blight, homelessness, and housing project development delays.
Kiley will be able to facilitate meetings between the C ity and Federal officials to help develop a more strategic and effective approach to what has become a significant impediment to meeting housing and commercial development goals.
FINANCIAL IMPACT
The total cost the City agrees to pay Kiley and Associates is a not-to-exceed amount of $60,000 and is included in the FY 2022-23 City Council adopted Annual Budget.
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12774-0001\1689879v1.doc
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA
VALLEY AND KILEY AND ASSOCIATES FOR FEDERAL LEGISLATIVE
ADVOCACY SERVICES
THIS AGREEMENT is made and effective as of July 21, 2022, between the City of Jurupa Valley (“City”) and Kiley and Associates, a Federal Legislative Advocacy Consultant (“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 21, 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 July 14, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit A.
3. Performance
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed sixty thousand dollars ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it -2-
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 -3-
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.
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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) 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.
c) 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.
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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. -6-
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
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To Consultant: Kiley and Associates, LLC
636 North Carolina Ave, SE
Washington, DC 20003
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.
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CITY OF JURUPA VALLEY
Chris Barajas
Mayor
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
KILEY AND ASSOCIATES, LLC
By:
Name: Gregory Kiley
Title: President
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EXHIBIT A
SCOPE OF SERVICES
Kiley & Associates will collaborate with Jurupa Valley to open doors in Washington and help develop their federal legislative priorities. Our partnership would include:
• Working with the City to raise their profile with the California House and Senate delegation, federal agencies and the Biden Administration;
• Coordinating with the dedicated day-to-day point of contact on identifying and refining local governments top project and policy priorities for their federal agenda (i.e. securing federal and state money for park projects, 5g telecommunications, water infrastructure, public safety, railroad issues, roadway expansion, street repairs, tourism and policymaking);
• Building support for the City’s objectives and resource needs within Congress and target key allies and influential lawmakers, committees and Executive branch policy makers;
• Coordinating an annual trip to Washington, DC to meet with the Congressional delegation, Biden Administration and key staff in the federal agencies;
• Helping the City with any issues that have a federal nexus, which may include providing comments on federal regulations, securing letters of support for grant applications, connecting local officials to federal agency professionals to maximize opportunities for success.
Kiley & Associates will collaborate with Jurupa Valley to create a federal government funding and outreach program. The focus will be on developing a plan to apply for earmarks and targeted funding within specific federal agencies and developing crucial relationships with program managers responsible for administering target grants.
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EXHIBIT B
QUOTATION FOR SERVICE
$4,500 per month for professional services
$6,000 expenses annually
Not to exceed $60,000 annually
Page | 1
120
STAFF REPORT
DATE: JULY 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 15.H
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND EXP
U.S. SERVICES, INC. FOR ENGINEERING DESIGN SERVICES FOR
PACIFIC AVENUE PEDESTRIAN AND BICYCLE IMPROVEMENTS, CIP NO. 19106
RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and EXP U.S. Services, Inc. for engineering design services for Pacific Avenue Pedestrian and Bicycle Improvements, CIP No. 19106, and authorize the City Manager to execute the A greement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
At its regular meeting on June 17, 2021, the City Council approved the Fiscal Year 2021/22 through 2025/26 Capital Improvement Program (“CIP”). The approved CIP included Pacific Avenue pedestrian and bicycle improvements, CIP #19106, from 42 nd Street to Mission Boulevard (the “Project”). On August 8, 2021, the City Council accepted a grant in the amount of $364,880 through State Bill 821 (“SB 821 ”), the Bicycle and Pedestrian Facilities Program. This grant will be used in conjunction with Measure A and Community Development Block Grant (CDBG) funding to deliver the project. The Project includes installation of curb, gutter, sidewalk, street resurfacing and bicycle striping along Pacific Avenue between Mission Boulevard and 42nd Street.
On April 19, 2022, staff published a Request for Proposals (“RFP”) for Pacific Avenue pedestrian and bicycle improvemen ts engineering design services on the City’s PlanetBids portal, a web based procurement and bidding system. The scope of work includes design for the funded Project from Mission Blvd to 42nd Street. Staff also included design services from 42 nd Street to Limonite Avenue to complete the Pacific Ave nue corridor when construction funding is available. The solicitation closed on May 17, 2022.
RETURN TO AGENDA
Page | 2
ANALYSIS
The City received nine responsive proposals from the following (in alphabetical order):
EXP, U.S. Services, Inc. – San Bernardino, CA
HR Green Pacific, Inc. – Corona, CA
IMEG Corporation – Ontario, CA
K & A Engineering – Corona, CA
KOA Corporation – Ontario, CA
Michael Baker International, Inc.- Ontario, CA
Onward Engineering – Anaheim, CA
STC Traffic, Inc. – Carlsbad, CA
TKE Engineering – Riverside, CA
Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as services provided by any specially trained and experienced person or firm in areas such as accounting, engineering, finance, and planning. Agre ements for professional services are awarded by the City Council on the basis of the demonstrated competence, qualifications, and on the fairness and reasonableness of the cost of services to the City, and shall not be awarded solely on the basis of cost.
Staff ranked the proposals per guidelines set forth in the RFP and EXP U.S. Services, Inc. (“EXP”) was ranked as the most qualified firm to provide the services. Upon ranking the proposals, staff negotiated the fees with EXP for the services to be perform ed. EXP is a well -established firm that specializes in infrastructure and transportation improvements. The firm is familiar with the Inland Empire and has performed similar services for surrounding cities such as Chino, Fontana, Temecula, and Beaumont.
FINANCIAL IMPACT
The Agreement has a not to exceed amount of $171,834.87. The services will be funded through SB 821 Grant, Measure A, and CDBG.
ALTERNATIVES
1) Do not approve the Agreement
2) Provide alternative direction to staff
************************** SIGNATURES ON FOLLOWING PAGE **************************
Attachment A
Agreement No. 21-62-105-00
Project No. 19106
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12774-0001\1689919v1.doc
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND EXP U.S. SERVICES, INC. FOR ENGINEERING DESIGN SERVICES
FOR PACIFIC AVENUE PEDESTRIAN AND BICYCLE IMPROVEMENTS
THIS AGREEMENT is made and effective as of July 21, 2022, between the City of Jurupa Valley (“City”) and EXP U.S. Services, 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 August 1, 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 July 31, 2024, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
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
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed one hundred seventy-one thousand eight hundred thirty-four dollars and eighty-seven cents ($171,834.87) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
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C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
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. Prevailing Wages
A. Consultant shall pay prevailing wages to the extent required by and in accordance with the requirements of Labor Code Sections 1720 et. seq. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies -3-
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may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.
B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.
8. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
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C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant.
9. Indemnification
A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify 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, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub-consultants, or agents in the performance or its professional services under this Agreement.
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault as set forth in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Paragraph 9.A. above, but subject to the limitations of Section 2 of this Agreement, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, 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 9.B. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
10. Insurance Requirements
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
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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. -6-
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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.
11. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its -7-
12774-0001\1689919v1.doc
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.
12. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
13. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
14. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
15. General Provisions
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of -8-
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the party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: EXP U.S. Services, Inc.
451 East Vanderbilt Way, Suite 375
San Bernardino, CA 92408
Attention: Portia Gonzalez, Project Manager
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. -9-
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F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Chris Barajas, Mayor
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
CONSULTANT
By:
Name:
Title:
By:
Name:
Title:
[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]
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EXHIBIT A
SCOPE OF SERVICES
Scope of work dated June 28, 2022, attached.
Pacific Avenue Pedestrian and Bicycle Improvements (CIP 19106) City of Jurupa Valley
June 28, 2022
1 | P a g e
SCOPE OF WORK
Project Description
The Project is to design street improvement on Pacif ic Avenue from Mission Boulevard to Limonite Avenue with curb, gutter, sidewalk, driveway approach, drainage and street intersection treatment etc. Pacific will have one lane each direction, striped median turn lane, on-street parking/loading, and bike lane Sharrows, stripping and signage.
Pedestrian RRFB flashers and bulb outs will be required at all intersections as shown on attached exhibit. Segregating the walking facilities from the vehicles will provide a substantially safer environment for pedestrians and the marked bike route will remind drivers that Pacific Avenue is a multi-modal corridor and caution when driving is essential and provide another link in the citywide bikeway system that will continue north on Pacific Avenue. Conceptual improvement plans can be found in Exhibit B of the RFP. The reconstruction of all existing pavement shall also be included with the project.
Task 1: Project Management
Budget Management
EXP will control project budget within the defined s
cope of services. EXP will monitor
progress and address any issues in the project development process that could impact cost.
Meetings
EXP will hold regular meetings to ensure the project is progressing as planned and issues are resolved in a proactive manner. It is anticipated that 5 meetings will be held throughout the duration of the project
including kick-off meeting and comment resolution
meetings.
Schedule
EXP will prepare a project schedule to complete the tasks in the Scope of Services to support the Pacific Avenue Project.
Quality Assurance/Quality Control
The QMP will contain procedures to address all of th e City of Jurupa Valley requirements and those of the contract documents and will define the timing and procedures for technical peer reviews, draft plan, document checks, and technical editing of written documentation.
Pacific Avenue Pedestrian and Bicycle Improvements (CIP 19106) City of Jurupa Valley
June 28, 2022
2 | P a g e
QA/QC Program
Specific quality checking activities include:
• Calculations: Verifying accuracy, methodology and selection of software; adherence to standards and codes; and completeness, integration and consistency of deliverables. • Plans: Confirming design layout and details within each discipline; resolving potential interferences, conflicts and interface issues through interdisciplinary reviews; and performing and documenting a two-level review.
• Studies and Reports: Performing review of all studies and reports by the discipline reviewer and manager.
• Interdisciplinary Reviews: Conducting an interdisciplinary review to ensure various elements are consistent with each other.
T
ask 2: Field Review, Data Collection, Geotechnical Report and Topographic Survey Field Review
EXP will perform a field review with the team to doc ument existing conditions and identify issues that will require early design decisions. Field notes and photographs will be provided to the City.
Data Collection
EXP will review City, County, Caltrans, and utility company records for all previous work performed to date in the project vicinity that impacts the design of the improvements including, but not limited to:
• Survey control and property mapping data
• Existing improvement plans/engineering reports of record • Right-of-way mapping, ownership/easement records, title reports • Utility As-builts
• Environmental clearance measures
• Applicable design standards, codes, and plan processing procedures Site Control
Our survey subconsultant, CL Surveying, will verify and establish a site-wide network of horizontal/vertical control to serve as the basis for any subsequent boundary, topographic, or construction staking surveys that may be required throughout the course of the project. CL Surveying and Mapping will tie the project horizontally to the California State Plane Pacific Avenue Pedestrian and Bicycle Improvements (CIP 19106) City of Jurupa Valley
June 28, 2022
3 |
P a g e
Coordinate System, NAD83, Zone 6, US Survey feet, and the North American Vertical Datum 1988, vertically.
Centerline/Right-of-Way Establishment/Mapping
CL Surveying will conduct the field measurements necessary to re-trace the centerlines and rights-of-ways along Pacific Avenue from Mission Boulevard to 45th Street. Survey monuments will be located and indicated on the survey to include centerline monuments found to be present along the streets and all associated ties.
Topography and Survey
A field topographic survey will be performed to document existing site topography and planimetric. Substantial visible improvements will be located within the street right of way, including utilities, manholes, valve covers, utility vaults, and covers, signposts, signs, trees, utility poles, traffic signal poles, cross gutters, local depressions, catch basins, driveway openings, sidewalks, corner access ramps, fire hydrants, parkway drains, etc. Visible indications of surface utilities lying within the project limits will be located, as will accurate lid/rim elevations for drainage structures present. Storm drain manholes and catch basins and sewer manholes will be dipped to get accurate invert elevations.
Geotechnical Report
Pavement Analysis
The existing pavement cracking patterns include extensive alligator cracking combined with longitudinal cracking throughout. Based on the obs erved conditions and identified design challenges, the development of cost-effective rehabilitation strategies including the potential use of Rubberized Hot Mix Asphalt, Warm Mix asphalt technologies, cold in place recycling, partial section replacement, and/or full depth reclamation will include full documentation of existing conditions, areas of strengths and weaknesses, lane and wheel path strength differentials, grade limitations imposed by the existing topography, etc. The proposed roadway investigation must therefore utilize a robust collection of information through the use of in place strength testing (FWD) to verify structural requirements, Ground Penetrating Radar to combine with FWD in the analysis of the measured strengths and identify thickness variations that may impact rehabilitation strategies, and appropriate pavement core sampling and related subgrade borings for identification of pavement layers and types, base thickness and types and subgrade soil conditions which will impact both rehabilitation and/or reconstruction strategies.
Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticipated laboratory tests include grain size, Atterberg Limits, R-value. Laboratory tests will be conducted in general accordance Pacific Avenue Pedestrian and Bicycle Improvements (CIP 19106) City of Jurupa Valley
June 28, 2022
4 | P a g e
with American Society for Testing and Materials (ASTM) standards or California Test methods.
Geotechnical Engineering Analyses
Results obtained from the field explorations and lab oratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purposes. The following analyses will be performed for the project:
• Design of pavement structural section in accordance with the Caltrans method.
T
ask 3: Roadway Design
Plans will be prepared in AutoCAD digital format in English units at a scale of 1’’ = 40’ horizontal unless noted otherwise. The PS&E shall be in conformance with the corresponding latest editions of Standard Specifications for Public Works Construction (Greenbook); American Public Works Association (APWA) Standard Plans for Public Works Construction (SPPWC); and Riverside County (TMLA and RCFCD) and applicable standards.
All plans will show all existing and proposed right- of- way lines and proposed temporary construction easements (TCE) required to construct and maintain the proposed improvements. Utilities and substructure facilities, etc., that could conflict (horizontally or vertically) with proposed construction will be clearly shown on all plans. Plans will include:
• Title Sheet: City Project Title Sheet
• General Notes
• Typical Cross Sections/Details: (not to scale) Including typical cross-sections and construction details.
• Roadway Improvement Plans: (1” = 40’ H, 1” = 4’ V) Including, but not limited to:
Layout and Profile Sheets, Grading Plans, driveways, retaining walls, ADA Ramp detailed design. We will show intersection improvements, topography, utilities, existing traffic loops, rights of ways and easements. We will incorporate screened topography and planimetric data used as base maps for the plan view. • Utility Composite Plans: (1” = 40’) We will show existing street lighting system and necessary modifications, all record utilities and utility easements within the project work area. We will send utility notification letters to utility agencies and generate a utility disposition matrix. We will coordinate any utility company relocation plans with project design (if necessary). Third party utility relocations to be done during construction will be verified and included in the bid plans. Utility relocation construction time window will be added in the technical specification for any utility company relocation work.
Pacific Avenue Pedestrian and Bicycle Improvements (CIP 19106) City of Jurupa Valley
June 28, 2022
5 | P a g e
Task 4: Signing and Striping Plans, RRFB Flashers
Signing and Striping Plans will be prepared with scale 1” = 40. We will ensure proposed signing and striping plans meets City and MUTCD. Plans will include notes, details, topography, lighting and utilities. All traffic signal design will be in accordance with the latest County of Riverside Transportation design standards. Conduit field condition, wire slack, utility/path of travel obstructions will be noted and designed accordingly.
Task 5: Storm Drain Improvements
Drainage Report
A drainage report will be prepared to describe and d ocument the hydrologic and hydraulic conditions of the project site using established procedures and methodologies. The report will ensure the project complies with the local drainage design procedures manual and to ensure drainage issues are mitigated by the project.
The hydrologic analysis will include the Riverside C ounty drainage design criteria for the 10- year, 25-year, and 100-year storms. The 10-year design storm is used to size catchbasins and the 25-year design storm is used to size storm drains. The 100-year design storm will ensure the flows remain in roadway right of way. Rainfall characteristics, soil types, land use, runoff- coefficient and other parameters used in the hydrology study will documented in the report.
The Urban Drainage Design Manual (FHWA) will be used to calculate the spread and size inlets. Computational procedures for storm drains will reference the RCFCD design criteria.
Design considerations include minimum pipe sizes, manhole spacings, maximum cover, HGL, and self-cleaning velocities. It is the intent of this project to maintain existing flow patterns and not worsen the existing drainage condition.
It is anticipated that onsite drainage facilities wi
ll consist of drainage inlets, roadside ditches,
and storm drains. Modification to existing drainage will be required if it doesn’t meet the current design standards.
• Storm Drain Plans and Profiles: (1” = 20’ H, 1” = 4’ V) Including construction details.
This item of work includes the preparation of storm drain plans to accommodate existing drainage as well as additional runoff resulting from the proposed improvements.
T
ask 6: Technical Specification (90%, 100%) and Engineer’s Estimate (60%, 90%, 100%) Technical specifications as Special Provisions in co nformance with APWA “Green Book” format will be developed and EXP will provide copies of required permits and reference standard plans/ materials to be inserted into the City’s contract bid documents. We will edit City “boilerplate” contract document to include all required text.
Every contract item of work will be fully specified including a measurement (how is the item measured, i.e. Lump Sum, Each, Square Foot, etc.) and payment clause (what additional items Pacific Avenue Pedestrian and Bicycle Improvements (CIP 19106) City of Jurupa Valley
June 28, 2022
6 | P a g e
of work are included for the price, i.e. demolition, salvage, protect in place, etc.) if “Green Book” requirements do not fully describe the required work or comply with City standards.
EXP will provide a source of information and justification of bid item unit prices prior to final plan approval. We will provide a construction quantity take-off list broken down by sheet and an updated cost estimate for each plan check submittal and a final engineer’s estimate
of the project cost. We will provide electronic (Excel and PDF) files and hard copies of construction items.
Task 6: Construction Support Services
We will assist the City answer bidder’s questions an d provide clarification during the bid phase. If necessary, we will assist the City write Addendums to the Contract Bid Package.
We will review all Contractor’s Request for Information (RFI) and provide information/approval in a timely manner. We will attend a maximum 4 field meetings with Contractor including the Pre-Construction meeting and as requested.
List of Deliverables
• 60% PS&E | The 60% submittal will include all elements of the p roject including roadway design, drainage, design, utility relocation, drainage report, cross-sections, Pavement Structural Investigation Report, and Engineer’s Estimate. • 90% PS&E | The 90% submittal will incorporate all comments and resolution from the 60% submittal and traffic control plans including Technical Specification and Special Provisions and Engineer’s Estimate
• 100% PS&E | The 100% submittal will incorporate all comments and resolution from the 90% submittal.
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12774-0001\1689919v1.doc
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Cost proposal dated June 30, 2022, attached.
Name of Firm: EXP U.S. SERVICES Notes:
1. DIRECT LABOR
Project Manager 44 $116.00 $5,104
QA/QC Manager 12 $116.00 $1,392
Senior Project Engineer 122 $48.00 $5,856
Project Engineer 270 $48.00 $12,960
Senior Traffic Engineer 56 $52.00 $2,912
Senior Drainage Engineer 70 $65.00 $4,550
Engineer I 344 $40.00 $13,760
TOTAL 918 $46,534
TOTAL COST
$46,534
918
2. INDIRECT COSTS (overhead, G&A - specify)
X BASE =
Fringe $46,534 $28,874.35
Overhead $46,534 $49,623.86
G&A $46,534 $134.95
TOTAL INDIRECT COST $78,633
3. TOTAL DIRECT COST AND INDIRECT COSTS (sum of lines 1-2) $125,167.15
4. FIXED FEE OR PROFIT X BASE =
(specify, applies to line 3 only) $125,167 $12,516.72
TOTAL FEE $12,517
5. OTHER DIRECT COSTS (specify)
Printing, Postage, Mileage $2,000
Pothole $5,000
TOTAL EXP PRICE $144,683.87
6. SUBCONSULTANT FEES
Earth Mechanics Inc. $9,951.00
CL Surveying $17,200.00
TOTAL FEE $27,151.00
6. TOTAL PROPOSED PRICE (sum of lines 3, 4, 5 and 6) $171,834.87
DATE SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE OF CONSULTANT 6/30/2022
Cost & Price Form
Year 2022-2023
COST HOURS
TOTAL DIRECT LABOR (COST)
TITLE OF PROJECT: City of Jurupa Pacific Ave. Pedestrian and Bicycle Improvements
0.29%
TOTAL DIRECT LABOR (Hours)
PERCENT
10.00%
RATE
INDIRECT RATE (%)
62.05%
106.64%
1 of 1
TASK DESCRIPTION FIRM
Principal
Senior Engineer
Sr. Project Geologist
Project Engineer
Principal
Senior Technician
Staff Engineer
TOTAL HOURS
PAVEMENT EVALUATION
Pavement Evaluation EMI 3 6 0 8 8 14 0 39
SUBTOTAL - Pavement Evaluation 3 6 0 8 8 14 0 39
TOTAL 3 6 0 8 8 14 0 39
TASK DESCRIPTION FIRM
2-Person Crew
Project Surveyor
TOTAL HOURS
SURVEYING
Survey and Topographic
Mapping CLS 40 40 80
SUBTOTAL - Surveying
and Topographic Mapping 80
TOTAL 40 40 0 0 0 0 0 80
EARTH MECHANICS, INC.
CL SURVEYING
CITY OF JURUPA VALLEY
PACIFIC AVE. PEDESTRIAN BICYCLE IMIPROVEMENTS
June 28, 2022
TASK DESCRIPTION FIRM
Project Manager
QA/QC Manager
Senior Project Engineer
Project Engineer
Senior Traffic Engineer
Senior Drainage Engineer
Engineer I
TOTAL HOURS
Cost
PROJECT MANAGEMENT / COORDINATION /ADMINISTRATION
1.10 Coordination/Administration EXP 16 0 4 0 0 0 0 20 $6,059.58
1.20 Attend Coordination, Kick-off and PDT Meetings EXP 8 0 8 0 2 2 0 20 $4,574.27 SUBTOTAL - Project Management 24 0 12 0 2 2 0 40 $10,633.86
PRELIMINARY DESIGN AND DATA REVIEW
2.10 Field Reviews EXP 1 0 2 0 1 0 0 4 $781.12
2.20 Data Collection EXP 1 0 4 8 1 4 0 18 $2,970.62
SUBTOTAL - Preliminary Design and Data Review 2 0 6 8 2 4 0 22 $3,751.73
ENGINEERING DEVELOPMENT
Roadway 8 0 66 248 0 0 160 446 $60,856.19
3.10 Roadway Plans EXP 2 0 40 120 0 0 60 222 $30,510.94
3.20 Roadway Profiles EXP 1 0 12 40 0 0 40 93 $12,462.38
3.30 Cross Sections EXP 1 0 2 16 0 0 8 27 $3,846.41
3.40 Construction Details Curb Ramps EXP 1 0 2 24 0 0 8 35 $4,982.59
3.50 Construction Details Driveway Profiles EXP 1 0 4 24 0 0 40 69 $9,053.87
3.60 Utility Relocation Plans EXP 1 0 2 16 0 0 0 19 $2,899.60
3.70 Retaining Wall Layouts EXP 1 0 4 8 0 0 4 17 $2,520.88 Traffic 0 0 0 0 52 0 32 84 $38,984.89
4.10 Signing and Striping Plans 0 0 0 0 52 0 32 84 $11,787.78 Drainage Plans 2 0 0 0 0 64 120 186 $27,197.11
5.10 Prepare Drainage Report EXP 1 0 0 0 0 24 40 65 $9,692.96
5.20 Prepare Drainage Plans and Profile EXP 1 0 0 0 0 40 80 121 $17,504.14 Cost Estimates and Specifications 4 0 10 14 0 0 32 60 $8,568.63
6.10 Specifications and Estimate EXP 4 0 10 14 0 0 32 60 $8,568.63 QA/QC 0 12 0 0 0 0 0 12 $4,118.62
7.10 QA/QC EXP 0 12 0 0 0 0 0 12 $4,118.62
SUBTOTAL - Engineering 14 12 76 262 52 64 344 824 $117,948.81
CONSTRUCTION SERVICES
8.10 Bid Support EXP 2 0 4 0 0 0 0 6 $1,254.52
8.20 Construction Support EXP 2 0 24 0 0 0 0 26 $4,094.95 SUBTOTAL - Construction Support 4 0 28 0 0 0 0 32 $5,349.47 TOTAL 44 12 122 270 56 70 344 918 $137,683.87
1 of 1
400 E Rincon St., Ste 202
Corona, CA 92882
909.484.4200
www.CL-Survey.com
1 May 12, 2022
Portia Gonzalez
EXP
451 East Vanderbilt Way, Suite 375
San Bernardino, CA 92408
Via Email: [email protected]
RE: City of Jurupa Valley
Pacific Avenue Pedestrian and Bicycle Improvements (CIP 19106)
Dear Portia,
CL Surveying and Mapping appreciates the opportunity to present this enclosed proposal for the subject surveying services. We take pride in our exceptional level of professional services and the quality of our survey work. I know you will find our organization to be responsive to your needs and schedules.
The work will be performed as summarized in Exhibit “A” Scope of Work.
We look forward to the opportunity to work with your firm. We are a Certified MBE SBE DBE firm and are a signatory to the Operating Engineers, Local 12 Labor Agreement.
Thank you for your consideration of this proposal. If you have any questions or would like additional information, please do not hesitate to give me a call at (909) 484-4200.
Sincerely,
CL SURVEYING AND MAPPING, INC.
Lam Le, PLS
President
400 E Rincon St., Ste 202
Corona, CA 92882
909.484.4200
www.CL-Survey.com
2 EXHIBIT “A”
CITY OF JURUPA VALLEY
PACIFIC AVENUE PEDESTRIAN AND BICYCLE IMPROVEMENTS (CIP 19106)
May 12, 2022
Task 1 - Site Control
Verify and establish a site-wide network of horizontal/vertical control to serve as the basis for any subsequent boundary, topographic, or construction staking surveys that may be required throughout the course of the project. CL Surveying and Mapping will tie the project horizontally to the California State Plane Coordinate System, NAD83, Zone 6, US Survey feet, and the North American Vertical Datum 1988, vertically.
Task 2 - Centerline/Right-of-Way Establishment/Mapping
Conduct the field measurements necessary to re-trace the centerlines and rights-of-ways along Pacific Avenue from Mission Boulevard to 45
th Street. This effort does not constitute a full and complete boundary survey of the adjacent land parcels. Survey monuments located and indicated on the survey shall be limited to existing, centerline monuments found to be present along the streets and all associated ties as indicated.
Task 3–Topography and Survey
Perform a field topographic survey to document existing site topography and planimetrics. Substantial visible improvements will be located within the street right of way, including utilities, manholes, valve covers, utility vaults and covers, sign posts, signs, trees, utility poles, traffic signal poles, cross gutters, local depressions, catch basins, driveway openings, sidewalks, corner access ramps, fire hydrants, parkway drains, etc. Visible indications of surface utilities lying within the project limits will be located, as will accurate lid/rim elevations for drainage structures present. Storm drain manholes and catch basins and sewer manholes will be dipped to get accurate invert elevations.
Street cross sections will be taken at 25 foot intervals. The standard cross sectional data will consist of Right-of- Way, Back of Walk, Top of Curb, Flow Line, Gutter Lip, and Crown for both sides of the street.
Tasks 1-3 Total: $17,200.00
We can complete this Project in ten to fifteen (10-15) working days, weather permitting, upon your authorization to proceed
Deliverables will include an AutoCAD drawing file along with the Ascii point file of the survey points collected in the field.
17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928
GEOTECHNICAL SCOPE OF WORK FOR
PACIFIC AVENUE PEDESTRIAN AND BICYCLE IMPROVEMENTS
Pavement Reconstruction
City of Jurupa Valley
June 27, 2022
Based on the RFP dated April 2022, by the city and our discussion with EXP, Earth Mechanics, Inc. (EMI) will provide geotechnical engineering design services for the following design elements:
(1) Pavement condition assessment and Pavement structural sections. (2) Percolation testing for design of infiltration systems (Optional).
Details of our proposed geotechnical services is presented below.
Project Information
The project is located along the Pacific Avenue between Mission Boulevard and 45 th Street. The total project length i s approximately 4,200 feet. I t is our understanding t hat improvement along the Pacific Avenue includes reconstruction of the existing pavement due to the pavement condition.
Additionally, the project may include low impact development (LID) along the street which may include shallow infiltration basins. Our scope of services includes performing percolation testing as an optional item.
Geotechnical Explorations
EMI’s scope of work include the following field explorations.
Table 1. Proposed Soil Boring Information
Design Element Proposed Number of
Borings
Approximate
Proposed Depth (feet)
Pavement 7 5
Percolation Testing (Optional)
Soil Profile Boring 1 20
Percolation Testing
2 5
2 10
Traffic Control : In order to perform borings along Pacific Avenue , traffic control will be provided following CA MUTCD guidelines. It is our assumption that Traffic control plans will not be required.
Pacific Avenue Pedestrian and Bicycle Improvements
May 2, 2022
17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928 EMI will prepare a boring location plan and this plan will be used to secure encroachment permit from the city. It is our assumption that this encroachment permit will be a no -fee permit. Any other permits, if required, will be secured by others.
EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils.
The small disturbed and relatively undisturbed soil samples will be collected using split -spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penet ration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EMI laboratory.
Percolation Testing (Optiona l): The locations and depth of infiltration tests are not available.
However, based on our experience in similar projects and requirements from County of Riverside LID best management practices (BMP), we are proposing to perform four per colation tests. Borings proposed within the infiltration area will be utilized for percolation testing between the depths of 0 to 5 feet and 5 to 10 feet. A soil profile boring will be performed to assess the subsurface conditions and depth to groundwater.
Upon completion of drilling and sampling, a 2 -inch thick layer of gravel will be placed in the bottom of the percolation test borings. A 3-inch diameter PVC pipe will be installed on top of the gravel layer in each boring. Gravel will be used to backfill between the pipes and the boring sidewall. The borings then will be filled with water for the minimum pre -soak period. At the beginning of each test, the pipes will be refilled with water and readings will be taken at a standardized time interval based on County requirements Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to determine or derive their physical and enginee ring characteristics. Anticipated laboratory tests include: grain size, Atterberg Limits, R-value. Laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.
Geotechnical Engineering Analyses
Results obtained from the field explorations and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purpose. The following analyses will be performed for the project:
• Design of pavement structural section in accordance with the Caltrans method. • Percolation rates and drainage recommendations (Optional).
Pacific Avenue Pedestrian and Bicycle Improvements
May 2, 2022
17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928 Report Preparation
EMI will prepare a letter report summarizing results of the field explorations, laboratory tests, data evaluation, and letter -size borehole logs . Our report will also include a photo log showing the existing pavement conditions. EMI will address any comments resulting from the City of Orange review and prepare a final Geotechnical Report.
Cost Estimate
Estimated hours and costs for geotechnical engineering design services are included in a separate spreadsheet. Hours and costs ar e based on the scope of work described herein, our current audited billable rates, and the assumptions below:
1. Our subcontractor fees are based on California Prevailing Wage rates
2. Percolation tests, if selected, will be authorized at the same time as paveme nt evaluation and field testing will be performed with one mobilization.
3. Percolation tests will be performed in small diameter holes (6 to 8-inch diameter).
4. Traffic window for drilling is 8AM to 6PM on regular week days.
5. No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, EMI will terminate our work and notify EXP.
6. Environmental clearance for accomplishing the field work, if required, will be obtained by others. Archaeological, cultural, and biological reviews or studies, if required, will be performed by others.
7. We will obtain a no-fee encroachment permit from the city . No other permit fee s are assumed.
8. Borings will be backfilled with soil cuttings and surface will be patched with cold patch asphalt matching the existing asphalt surface.
9. Existing pavement rehabilitation is not anticipated due to the condition of the existing pavement.
Exhibit A
Cost Proposal Worksheet
COMPANY: SCOPE OF WORK: DATE:
Earth Mechanics, Inc. Geotechnical 6/27/2022
PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:
Pacific Avenue Pavements Pavement Evaluation
DIRECT LABOR
PERSONNEL CLASSIFICATION HOURS LOADED RATE AMOUNT
Alahesh Thurairajah Principal 3.0 285.00$ 855$ Raj Pirathiviraj Senior Engineer 6.0 190.00$ 1,140$ Michael Hoshiyama Sr. Project Geologist 0.0 170.00$ -$ Pratha Ragavan Project Engineer 8.0 150.00$ 1,200$ Jianmin Fang Senior Technician 8.0 140.00$ 1,120$ Marcus Juarez Staff Engineer 14.0 105.00$ 1,470$ -$
-$
-$
-$
-$
-$
-$
-$
- -$
TOTAL HOURS 39.0 TOTAL DIRECT LABOR 5,785$
MULTIPLIERS
ESCALATION 0.00% (of Total Direct Labor) -$
OVERHEAD-Additional Services 0.00% (of Total Direct Labor + Escalation) -$ TOTAL MULTIPLIERS -$
OTHER DIRECT EXPENSES
ITEM UNIT QUANTITY UNIT COST AMOUNT
Drill Rig Rental Day 1 2,590.00$ 2,590$
Traffic Control Day 1 1,400.00$ 1,400$
Soil Cuttings (drums) disposal Drum 0 160.000$ -$ Soil Cuttings Contaminants Testing Test 0 315.00$ -$ Well Permits Permit 0 150.00$ -$
Travel Miles 300 0.585$ 176$
TOTAL OTHER DIRECT EXPENSES 4,166$
OUTSIDE SERVICES
COMPANY LABOR MULTIPLIERS FEE EXPENSES TOTAL
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL OUTSIDE SERVICES -$
FEES
FIXED FEE 0.00% -$
TOTAL FEES -$
TOTAL COST 9,951$
Page | 1
120
STAFF REPORT
DATE: JULY 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJECT: AGENDA ITEM NO. 15.I
APPROVAL OF FINAL TRACT MAP 37893 LOCATED ON SOUTHEAST
CORNER OF MISSION BOULEVARD AND AGATE STREET INCLUDING
ACCEPTANCE OF OFFERS OF DEDICATION, APPROVAL OF
SUBDIVISION AGREEMENTS, AND ACCEPTANCE OF IMPROVEMENT
BONDS (GDC-RCH MONTECITO, LP, A DELAWARE LIMITED
PARTNERSHIP).
RECOMMENDATION
It is recommended that the City Council:
1. Approve Tract Map 37893 and accept the dedications as follows:
a.) Accept the real property described as an easement for street and public utility purposes over all of Lot “D”, inclusive as shown on Tract Map 37893.
2. Authorize the Mayor and City Clerk to sign Tract Map 37893; and
3. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreements; and
4. Accept the surety bonds for construction of related off -site improvements and survey monumentation.
BACKGROUND
On June 17, 2021 , the City Council conditionally approved Tentative Tract Map 37893 proposed to subdivide two lots into 25 lots for residential use. The site is approximately
5.3 acres and is bounded by Mission Boulevard on the north and Agate Street on the west.
The public infrastructure improvements associated with the approval of Tract Map No. 37893 include but are not limited to Mission Boulevard and Agate Street as identified in
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Page | 2
the conditions of approval for the project. The conditions set forth in Resolution 2021-49 are the responsibility of the developer.
Staff has reviewed Tract Map 37893 and finds that it is in substantial conformance with the approved Tentative Map. The City Attorney has reviewed and approved to form the Subdivision Agreements. This action approves the Tract Map, Subdivision Agreements, and accepts offers of dedication and the bonds related to the subdivision.
ANALYSIS
Lot “D” is offered in the map for street and public utility purposes. Acceptance of the dedication of this lot would provide the needed right -of-way width for the ultimate street improvements along the south side of Mission Boulevard.
Pursuant to the Conditions of Approval, the applicant is relinquishing access rights for all those proposed residential parcels abutting Mission Boulevard and Agate Street. Owners of the parcels will have no rights of access except the general easement of travel.
The app licant entered into an agreement with the City for the required public improvements in consideration of the City’s Council approval of the map and posted adequate surety bonds to assure completion of the required improvements. The applicant has posted surety bonds as security for the monumentation of the proposed subdivision.
Pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Title 7, Tract Maps require City Council action for approval, denial, or modifications. Per the Subdivision Map Act Section 66474.1, a legislative body shall not deny approval of a Tract Map if it was previously approved a tentative tract map for the proposed subdivision and if it finds that the Tract Map is in substantial compliance with the previously a pproved tentative tract map. Staff recommends that the City Council approve Tract Map No. 37893 and accept the offers of dedication, relinquishment of access rights, the subdivision agreements, and bonds.
FISCAL IMPACT
The City will receive development fees as set forth in the Municipal Code and the conditions of approval for the project.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
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120
STAFF REPORT
DATE: JULY 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJECT: AGENDA ITEM NO. 15.J
ADOPTION OF RESOLUTION APPROVING THE LOCAL ROADWAY
SAFETY PLAN AND FINDING THIS ACTION EXEMPT FROM CEQA
RECOMMENDATION
1) 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 CITY OF JURUPA VALLEY GENERAL PLAN
AND FINDING THIS ACT ION 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 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 State project funding requirements if those funds will be used for project impl ementation. Also, the LRSP is a living document that can 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. SHSP development is led by Caltrans in collaboration with the Governor’s
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Page | 2
Office of Highway Safety, local governments, law enforcement, educators, emergency services, and other stakeholders 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. Th e 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 State’s safety investment decisions, and the HSIP supports and finances projects specifically targe ting 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 De partment 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 C alifornia 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 city’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 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 city 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 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 five 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 o ngoing 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 4 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 see 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 y ears 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 t hat 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. 2022-68 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 projects. 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 Resolution No. 2022-68 for the Council’s consideration.
ALTERNATIVES
1. Take no action.
2. Provide staff with further direction.
************************** SIGNATURES ON FOLLOWING PAGE **************************
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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 directs 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 Ci ty of Jurupa 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, whi ch 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 Valle y 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.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of July, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko , City Clerk of the City of Jurupa Valley, do hereby cert ify 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 21st day of July, 2022, by the following votes, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 21st 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