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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, September 15, 2022
Closed Session: 6:00 p.m.
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.
B. A member of the public who wishes to speak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.
C. If the Meeting is conducted via teleconferencing pursuant to Government Code Section 54953(e), the public may submit comments to the City Council via email or via telephone prior to the Mayor calling the item. Email comment shall be sent to:
[email protected]. Telephone comments may be made by calling (951) 332- 6464, Ext. 140. Email and telephone comments are subject to the same rules as in-person comments.
D. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.
E. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.
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B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of an approximately 440 square foot permanent drainage and storm drain easement on real property l ocated at 6464 33rd Street, in the City Jurupa Valley, and identified as Riverside County Tax Assessor’s Parcel Numbers 177-110-016 & 177 -110-018 in connection with the proposed construction of drainage and storm drain improvements. The approximate 440 squ are foot permanent easement is located on APN 177 -110-018. The negotiating parties are the City of Jurupa Valley and the property owners, Sang Choi An and Chun Hui An. The negotiators for the City of Jurupa Valley are Paul Toor, Octavio Duran and Paula Baeza. Under negotiations are the price and terms of the acquisition of the approximate 440 square foot drainage and storm drain easement.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED
SESSION
4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. APPROVAL OF AGENDA
8. PRESENTATIONS
A. UPDATE ON JURUPA AREA RECREATION AND PARK DISTRICT
PROJECTS AND PROGRAMS – PRESENTED BY COLBY DIUGUID,
GENERAL MANAGER
B. QUARTERLY UPDATE – HEALTHY JURUPA VALLEY
C. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF
COMMERCE
9. PUBLIC APPEARANCE/COMMENTS
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10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS - EXECUTIVE COMMITTEE MEETING OF
SEPTEMBER 12, 2022
2. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION & FINANCE
COMMITTEE MEETING OF SEPTEMBER 14, 2022
3. UPDATE ON THE WESTER N COMMUNITY ENERGY JOINT
MEETING OF THE BOARD OF DIRECTORS AND TE CHNICAL
ADVISORY COMMITTEE MEETING OF SEPTEMBER 14, 2022
B. COUNCIL MEMBER LORENA BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY - BOARD OF DIRECTORS
MEETING OF SEPTEMBER 12, 2022
C. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE NORTHWEST TRANSPORTATION NOW
COALITION MEETING OF SEPEMBER 8, 2022
2. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY – AUDIT AND FINANCE
COMMITTEE MEETING OF SEPTEMBER 9, 2022
Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing y our 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 ta king action on a specific item until it appears on an agenda.
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3. UPDATE ON THE RIVERSIDE COUNTY TRA NSPORTATION
COMMISSION MEETING OF SEPTEMBER 14, 2022
4. UPDATE ON THE MOBILE SOURCE AIR POLLUTIO N
REDUCTION REVIEW COM MITTEE MEETING OF
SEPTEMBER 15, 2022
D. COUNCIL MEMBER GUILLERMO SILVA
1. UPDATE ON THE NORTHWEST MOSQUITO AND VECTOR
CONTROL DISTRICTMEETING OF SEPTEMBER 15, 2022
12. CITY MANAGER’S UPDATE
13. APPROVAL OF MINUTES
A. SEPTEMBER 1, 2022 REGULAR MEETING
14. CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.)
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
B. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN
WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(E) DURING THE COVID -19
STATE AND LOCAL EMERGENCY
Requested Action: That the City Council adopt Resolution No. 2022 -100, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF THE
CITY COUNCIL TO BE HELD WITH A TELECONFERENCE OPTION
FOR MEMBERS OF THE CITY COUNCIL AND THE PUBLIC DUE TO
THE GOVERNOR’S DECLARATION OF EMERGENCY AND THE CITY
COUNCIL’S DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS
AND DETERMINATIONS REGARDING THE SAME
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C. INITIATION OF A CODE AMENDMENT TO THE CITY’S MUNICIPAL CODE TO UPDATE THE “ON-SITE ADVERTISING STRUCTURES AND
SIGNS”
Requested Action: That the City Council initiate a code amendment to the Municipal Code to amend the development standards that apply to Section
9.245.040 “On-site advertising structures and signage.”
D. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR
ADMINISTRATION OF THE LOCAL ECONOMIC ASSISTANCE
PROGRAM AND THE APPROPRIATION OF ADDITIONAL LEAP
PROGRAM FUNDING
Requested Action: That the City Council approve the Agreement by and between the City of Jurupa Valley and GRC Associates. Inc. for administration of the Local Economic Assistance Program and authorize the City Manager to execute the Amendment in substantially the form and format attached to the staff report and as approved by the City Attorney; and appropriate the additional funding from the Federal American Rescue Plan Act account for the continuation of the Local Economic Assistance Program.
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER A RESOLUTION MAKING CERTAIN
FINDINGS RELATED TO THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY BOLD PROGR AM FOR ROCK ROSE AND BAYBERRY
PLACE DEVELOPMENT PROJECT
1. Requested Action: That the City Council conduct a public hearing regarding the financing of public improvements to be owned by the Jurupa Area Recreation and Park District in connection with the Rock Rose and Bayberry Place (Tract 37714) Development Project through the formation of a community facilities district and the issuance of bonds by the California Municipal Finance Authority; and
2. That the City Council adopt Resolution No. 2022-101, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, MAKING A F INDING OF SIGNIFICANT
BENEFIT FOR THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS BY A COMMUNITY FACILITIES DISTRICT
TO BE FORMED BY THE CALIFORNIA MUNICIPAL FINANCE
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AUTHORITY THROUGH ITS BOND OPPORTUNITIES FOR
LAND DEVELOPMENT (BOLD) PROGRAM
B. PUBLIC HEARING REGARDING SUBMISSION OF THE 2021 -22 CDBG
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT
1. Requested Action: That the City Council open the public hearing and receive any public comments; receive and file the 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER); and
2. That the City Council adopt Resolution No. 2022-102, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, ADOPTING AND APPROVING
THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION
REPORT (CAPER) AND AUTHORIZING SUBMISSION OF THE
REPORT TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
17. COUNCIL BUSINESS
18. CITY ATTORNEY’S REPORT
19. COUNCIL MEMBER REPORTS AND COMMENTS
20. ADJOURNMENT
Adjourn to the Regular Meeting of October 6, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332 -6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assurin g that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 893 0 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
AGENDA ITEM NO. 13.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
September 1, 2022
1. 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 7:06 p.m.
2. INVOCATION was given by Imam Shaw, Islamic Center of Jurupa Valley.
3. PLEDGE OF ALLEGIANCE was led by Mayor Chris Barajas.
4. APPROVAL OF AGENDA
Mayor Chris Barajas announced that since Armando Carmona resigned from the Planning Commission, Item 14.A will be removed from the Agenda.
A motion was made by Council Member Brian Berkson , seconded by Mayor Pro Tem Leslie Altamirano, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
5. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
The City’s Pet of the Month for August, a 10-month old labrador/retriever mix named “Freckles” was introduced to the Council. Anyone interested in giving Freckles a home is invited to contact the City’s Animal Control Services Department at https://www.rcdas.org.
B. RECOGNITION OF JOSE IBARRA FOR OBTAINING THE “ MASTER CODE ENFORCEMENT PROFESSIONAL” CERTIFICATION
The City Council commended Jose Ibarra, Building and Code Manager for being a leader in his field and for being the first in California to achieve the prestigious title of Master Code Enforcement Professional.
RETURN TO AGENDA
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C. PROCLAMATION CELEBRATING CONSTITUTION WEEK
Judy Dillard, representing the Aurantia Chapter of the Daughters of the American Revolution shared the work that the Riverside Chapter of DARS does to educate local school students about the Constitution. She shared the winning student poster that depict s the signing of the Constitution for display at City Hall. She thanked the City Council for their proclamation recognizing Constitution Week.
6. PUBLIC APPEARANCE/COMMENTS
The City Clerk announced that she received one email comment regarding Item 14.A, however, since that item was removed from the Agenda, that email will be made part of the public record.
Armando Carmona announced that as of yesterday, he resigned as Chair Pro Tem of the Planning Commission to protect the City as this was an act of polit ical retaliation. He asked Council Member Brian Berkson to take the lead on expanding uses under the City’s equestrian lifestyle overlay zone that provides benefits and expanded uses to businesses that are committed to maintaining and uplifting equestrian uses in Jurupa Valley. He stated that many of these business owners feel that they are being pushed out of the City. He asked Council Member Berkson to assist a local neighbor who has experienced severe flooding to her home as a result of a development by Richard Hobbs. (A speaker donated their time to Mr. Carmona).
Roberto Ramirez described how he has struggled with the City’s code enforcement process over the past six years. He stated that even though he is a good businessman and has been in business for over 20 years, he feels harassed by Code Enforcement . He voiced concern that the current zoning only allows him to have 200 sq. ft. of outside storage space, which he believes is unfair. He asked that the zoning codes be amended to be more business friendly to the equestrian lifestyle. (Veronica Hurtado donated her time to Mr. Ramirez).
Randy Beckendam, representing the Southern California Agricultural Land Foundation , stated that he and his daughter Amy operate Amy’s Farm in Ontario. He stated tha t Amy’s Farm is now in danger of closing as the landlord is selling to a warehouse developer and they will be evicted on September 13, 2022. He stated that warehouse development will eventually pave every single each of farmland in Ontario. He encouraged the Council to preserve the farmland in Jurupa Valley and preserve the rural way of life.
Alfonso Gonzale s stated that the City’s code enforcement has always been seen as something that is hostile to the community especially when it shut down Capital Boxing Gym. Code Enforcement is now trying to shut down Pedley Vet, which has been a pillar of the community. He stated that if the City shuts down Pedley Vet it will be “a slap in the face to the City’s rural way of life. ” He discussed his plans to open a Community Center in the City.
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Renae Rock discussed what she believes is a disconnect between the Council and the Mira Loma community. She asked what serving constituents really means and she encouraged the Council to leave Robert Ramirez and Pedley Vet alone as the community shops there.
Susan Robinson discussed accidents between motorists and horses, becau se motorists simply cannot see them. She shared an equine safety device that she invented and patented that can reduce these types of accidents. The safety device is a set of three horse reflectors which attaches to the horse.
Javier Ramirez encouraged the Council to listen to their constituents and to stop the misinformation. He spoke about democracy , stating that trying to silence an opponent is anti-democratic.
City Manager Rod Butler provided a brief statement in response to some of the comments that were made at tonight’s meeting. This iss ue involves an existing code enforcement case that has been opened for six years, which concerns multiple unpermitted uses and structures on Mr. Ramirez’s property. In 2020, the Riverside Superior Court issued a default judgement and a permanent injunction against the business owner due to non - compliance with City codes. City staff recently met with the business owner and are currently waiting on his submittal of an entitlement application to address areas of non - compliance with City regulations. At the business owner’s request, a meeting is scheduled next week to address the non-compliance and entitlement process. The actions related to the purchase of the property by Mr. Ramirez and any disputes with the selle r are a civil matter and do not warrant City involvement.
7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Mayor Chris Barajas stated that the City’s Code Enforcement is a reactive department, which means that they do not go looking for problems. If someone is visited by Code Enforcement it means that a resident or multiple residents have reported the issue and those residents also have a voice.
8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
There were no reports.
9. CITY MANAGER’S UPDATE
City Manager Rod Butler highlighted two items on tonight’s Consent Calendar that will provide various citywide street improvement project s. He announced that City Hall will
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be closed on Monday, September 5, 2022 in observance of Labor Day. City Hall will re - open on Tuesday, September 6, 2022.
10. APPROVAL OF MINUTES
A. AUGUST 18, 2022 REGULAR MEETING
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Mayor Pro Tem Leslie Altamirano, to approve the Minutes of the August 18, 2022 regular meeting.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
11. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$13,183,063.52
Requested Action: That the City Council ratify the check registers dated August 3, 10, and 17, 2022; as well as the payroll registers dated July 31 and August 5 and 19, 2022.
C. APPROVAL OF PARC EL MAP NO. 37842 LOC ATED AT 5680 ASH
STREET, INCLUDING ACCEPTANCE OF OFFERS OF DEDICATION
1. Requested Action: That the City Council approve Parcel Map No. 37842 and accept the dedications as follows:
a. Accept the offer of dedication of easement for ingress, egress, and emergency vehicle access over Parcels 1 and 2 inclusive as shown on Parcel Map No. 37842.
2. Authorize the Mayor and City Clerk to sign Parcel Map 37842.
D. AWARD OF CONSTRUCTION AGREEMENT TO VANCE
CORPORATION FOR THE 2021-2022 CITYWIDE PAVEMENT
REHABILITATION, CIP NO. 21101
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1. Requested Action: That the City Council approve and award a construction agreement to Vance Corporation in the amount of $2,078,482.50 for the 2021 -2022 Citywide Pavement Rehabilitation, CIP No. 21101, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached to the staff report; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Vance Corporation, up to 10% as contingency to cover the cost of any unforeseen conditions.
E. RESOLUTION ADOPTING CREDIT CARD CONVENIENCE FEE
Requested Action: That the City Council adopt Resolution No. 2022-99, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
V ALLEY, CALIFORNIA, ADOPTING THE ACCEPTANCE OF
PAYMENTS OF FEES, FINES, SERVICES AND OTHER DEBTS TO THE CITY BY CREDIT CARD; AND ESTABLISHING THE CREDIT CARD
CONVENIENCE FEE TO BE COLLECTED FOR THE USE OF A CREDIT CARD
F. ACCEPTANCE OF OFFERS OF DEDICATION FOR AN EASEMENT
FOR PUBLIC ROAD AND DRAINAGE PURPOSES AT THE HALL
AVENUE AND AGUA MANSA ROAD INTERSECTION (CARSON -VA
INDUSTRIAL II, LP, A DELAWARE LIMITED PARTNERSHIP)
1. Requested Action: That the City Council accept the offer of dedication of an easement for public road and drainage purposes including public utility and public services purposes over Parcel “1” and Parcel “2” as shown on Exhibit B of DED21-010.
2. Authorize the Director of Public Wor ks and City Clerk to sign the Acceptance of Dedication of DED21-010.
G. CONSIDERATION OF PUB LIC HIGHWAY AT -GRADE CROSSING
AGREEMENTS BETWEEN THE CITY OF JURUPA VALLEY AND
UNION PACIFIC RAILRO AD COMPANY COVERING THE
RECONSTRUCTION AND W IDENING OF RUTILE ST REET AND
PEDLEY ROAD AT-GRADE PUBLIC ROAD CROSSINGS
1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the reconstruction and widening of Rutile Street at -grade public road crossing and authorize the City Manager to execute the Agreement in
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substantially the form and format attached to the staff report as approved by the City Attorney; and
2. That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the reconstruction and widening of Pedley Road at -grade public road crossing 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 K&A
ENGINEERING, INC. FOR THE ENGINEERING DESIGN SERVICES OF MARKET STREET WIDENING PROJECT NUMBER 19108
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and K&A Engineering, Inc. for Engineering Servic es for the Market Street Widening Project No. 19108 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 TWO AGRE EMENTS BETWEEN THE C ITY OF
JURUPA VALLEY AND TK E ENGINEERING, INC. AND DENNIS
JANDA, INC. FOR ON -CALL LAND SURVEYING A ND ENGINEERING
SERVICES
1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and TKE Engineering, Inc. for On -Call L and Surveying and Engineering Services and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney; and
2. That the City Council approve the Agreement between the City of Jurupa Valley and Dennis Janda, Inc. for On -Call Land Surveying Services and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
J. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY
OF JURUPA VALLEY AND PATH OF LIFE MINISTRIES, INC. FOR
ADMINISTRATION OF THE CRISIS STABILIZATION HOUSING
PROGRAM
Requested Action: That the City Council approve the Agreement b y and between the City of Jurupa Valley and Path of Life Ministries, Inc. for administration of the Crisis Stabilization Units for an amount not to exceed $200,000.00, and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.
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K. APPROVAL OF CONSULTANT AGREEMENT BETWEEN THE CITY
OF JURUPA VALLEY AND B&A GRANT SERVICES & SOFTWARE
FOR GRANT WRITING SERVICES
Requested Action: That the City Council approve the A greement between the City of Jurupa Valley and B&A Grant Services for grant writing services and authorize the City Manager to execute the Agreement.
A motion was made by Council Member Brian Berkson , seconded by Council Member Lorena Barajas Bisbee, to approve the Consent Calendar.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
12. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
13. PUBLIC HEARINGS
14. COUNCIL BUSINESS
B. APPOINTMENT OF TWO COUNCIL MEMBERS TO CITY
LEGISLATIVE AD HOC SUBCOMMITTEE FOR FY 2022-23
Staff Report presented by Michael Flad, Assistant City Manager.
Further discussion followed.
A motion was made by Council Member Guillermo Silva , seconded by Council Member Lorena Barajas Bisbee, to establish the “Legislative Ad Hoc Subcommittee” for FY 2022-23 that will: 1) work with the City staff and the City’s state and federal lobbyists, to develop a legislative platform ; 2) report to Council on important legislative and regulatory matters of interest; and 3) review and respond to requests for state legislation support/opposition letters; and appoint the mayor and mayor pro tem on a yearly rotational basis.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
15. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
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16. COUNCIL MEMBER REPORTS AND COMMENTS
There were no additional Council comments.
17. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 8:05 p.m.
The next meeting of the Jurupa Valley City Council will be held September 15, 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
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STAFF REPORT
DATE: SEPTEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO.14.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. 2022-100, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF THE CITY
COUNCIL TO BE HELD WITH A TELECONFERENCE OPTION FOR
MEMBERS OF THE CITY COUNCIL AND THE PUBLIC DUE TO THE
GOVERNOR’S DECLARATION OF EMERGENCY AND THE CITY
COUNCIL’S DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
BACKGROUND
At the beginning of the COVID -19 Pandemic, the Governor issued an Executive Order allowing the City Council and other City legislative bodies to conduct their meetings, in whole or in part, by telephone or other electronic means. This Executive Order expired but the Legislature adopted Chapter 165 of 2021 (AB 361) 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.
RETURN TO AGENDA
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12774-0001\2619973v1.doc
RESOLUTION NO. 2022-100
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-
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(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 15th day of September, 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. 2022-100 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 15th day of September, 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 15th day of September, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
STAFF REPORT
DATE: SEPTEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.C
INITIATION OF A CODE AMENDMENT TO THE CITY ’S MUNICIPAL CODE TO UPDATE THE “ON-SITE ADVERTISING STRUCTURES AND
SIGNS”
RECOMMENDATION
That the City Council initiate a code amendment to the Municipal Code to amend the development standards that apply to Section 9.245.040 “On-site advertising structures and signage.”
BACKGROUND
Upon incorporation in 2011, the City adopted the Riverside County Municipal Code, which included standards for on-site signage and advertising structures. Many of the standards in Section 9.245.040 - On-site advertising structures and signage are unclear, difficult to interpret, and outdated. A few other concerns are as follows:
1. Lack of restrictions for window signage. Many retail development s have windows covered by signage or other materials.
2. Lack of standards for monument signs.
3. Minimum standards for pole signs.
4. Lack of design standards that would produce higher quality sign structures.
The goal is to clarify existing standards and a dd additional standards that would further beautify future developments and the City.
RETURN TO AGENDA
Page | 3
ATTACHMENT
1. Section 9.245.040 On-site advertising structures and signage.
9/1/22, 5:36 PM Jurupa Valley, CA Municipal Code
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(1)
(a)
(i)
(ii)
(b)
(i)
(ii)
(c)
(i)
(ii)
(d)
(2)
(a)
(b)
(i)
Sec. 9.245.040. - On-site advertising structures and signs.
No person shall erect an on-site advertising structure or sign in the city that is in violation of the provisions contained within any specific zoning classification in this chapter or that is in violation of the following provisions.
Freestanding signs.
Freeways. Located within six hundred and sixty (660) feet of the nearest edge of a freeway right-of-way line.
The maximum height of a sign shall not exceed forty-five (45) feet.
The maximum surface area of a sign shall not exceed one hundred and fifty (150) square feet.
Shopping centers—All locations. Notwithstanding the provisions of subsection (1)(a) of this section and this subsection (1)(b), an alternate standard for freestanding on-site advertising signs for shopping centers is established as follows:
The maximum surface area of a sign shall not exceed fifty (50) square feet or one- quarter ¼ of one (1) percent of the total existing building floor area in a shopping center, whichever is greater, except that in any event, no sign shall exceed two hundred (200) square feet in surface area.
The maximum height of a sign shall not exceed twenty (20) feet.
All other locations.
The maximum height of a sign shall not exceed twenty (20) feet.
The maximum surface area of a sign shall not exceed fifty (50) square feet.
Number of freestanding signs—All locations. Not more than one (1) freestanding sign shall be permitted on a parcel of land, except that if a shopping center has frontage on two (2) or more streets, the shopping center shall be permitted two (2) freestanding signs, provided that the two (2) signs are not located on the same street; are at least one hundred (100) feet apart and the second sign does not exceed one hundred (100) square feet in surface area and twenty (20) feet in height.
Signs affixed to buildings—All areas.
No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on-site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet.
The maximum surface area of signs affixed to a building shall be as follows:
Front wall of building: The surface area of the sign shall not exceed ten (10) percent of 9/1/22, 5:36 PM Jurupa Valley, CA Municipal Code
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(ii)
(iii)
(3)
(a)
(b)
(c)
(d)
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the surface area of the front face of the building.
Side walls of a building: The surface area of the sign shall not exceed ten (10) percent of the surface area of the side face of the building.
Rear wall of a building: The surface area of the sign shall not exceed five (5) percent of the surface area of the rear face of the building.
Minimum standards. On-site subdivision signs shall be subject to the following minimum standards:
No sign shall exceed one hundred (100) feet in surface area.
No sign shall be within one hundred (100) feet of any existing residence that is outside of the subdivision boundaries.
No more than two (2) such signs shall be permitted for each subdivision.
No sign shall be artificially lighted.
On-site identification signs. On-site identification signs affixed to the surface of walls, windows, and doors of permanent structures, which do not exceed four (4) inches in letter height and do not exceed four (4) square feet in area are permitted in addition to any other sign permitted in this chapter.
Page | 1
120
STAFF REPORT
DATE: SEPTEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 14.D
AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR
ADMINISTRATION OF THE LOCAL ECONOMIC ASSISTANCE
PROGRAM AND THE APPROPRIATION OF ADDITIONAL LEAP
PROGRAM FUNDING
RECOMMENDATION
1) That the City Council approve the Agreement by and between the City of Jurupa Valley and GRC Associates, Inc. for administration of the Local Economic Assistance Program and authorize the City Manager to execute the A mendment in substantially the form and format attached and as approved by the City Attorney; and a ppropriate additional funding from the Federal American Rescue Plan Act account for the continuation of the Local Economic Assistance Program.
BACKGROUND
For the past two years , the City Council has funded direct financial assistance to local businesses, awarding over $600,000 in grants to over 70 local businesses. Additional funding is necessary to continue this successful and much needed program.
On June 4, 2020, the City Co uncil appropriated $350,000 in Federal Community Development Block Grant (CDBG) funds and created the City’s first ever Local Economic Assistance Program (LEAP). GRC Associates, the City’s CDBG program consultant, was also tasked to implement the LEAP. The purpose of the LEAP is to provide direct economic relief to businesses that have been negatively impacted by the COVID -19 pandemic. The program was extremely successful. When all funds were depleted very quickly, a large waiting list of additional eligible businesses was created.
On March 17, 2022, the City Council amended the 2019-2020 CDBG Annual Action Plan and appropriated an additional $260,000 to assist small business through the LEAP program.
RETURN TO AGENDA
Page | 2
Through the initial LEAP funding, the City Council directly assisted 44 local businesses.
Despite the gradual reopening of the economy, many businesses in the community were still struggling to overcome the economic impacts of the state-mandated business closures and other mitigation measures put in place to reduce the spread of COVID -19.
With the City Council’s second round of LEAP funding, an additional 30 small and micro- enterprise businesses in the community were awarded grants.
ANALYSIS
The LEAP program has been very successful since July 2020 , with 74 businesses receiving grant funding. After two rounds of funding distribution, the COVID -CV funding has now been exhausted and additional funding is necessary to continue the program.
The program has a waiting list and businesses continue to inqu ire about new available funding.
On August 18, 2022, the City Council adopted the City’s American Rescue Plan Act (ARPA) Expenditure Plan, which includes $500,000 for the continuation of the LEAP.
With this funding, GRC will continue the administration o f this program to assist 45 additional businesses. This appropriation meets ARPA Expenditure Objectives by funding a project specifically listed as an eligible expenditure category under ARPA guidelines, which include being expended well before the December 2026 deadline, meet ing an unmet need in the community and utilizing existing administrative infrastructure to reduce overhead costs.
The attached Agreement provides for $5 0,000.00 in LEAP program administrative services, which will cover the co st of administering up to 45 grants at $10 ,000 per qualifying business.
The program administrative services include:
Advertising/marketing
Technical assistance for applicants
Qualifying applicants
Monitor contracts and compliance
Submit necessary paperwork to the City
Issue final report
FINANCIAL IMPACT
Funding for this program, in the amount of $5 00,000, is included in City’s ARPA Expenditure Plan that was adopted by the City Council on August 18, 2022. If approved, funding will be appropriated from Federal ARPA Funds Account 2520.
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AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND GRC
ASSOCIATES, INC. FOR LOCAL ECONOMIC ASSISTANCE PROGRAM
ADMINISTRATIVE SERVICES
THIS AGREEMENT is made and effective as of September 18, 2022, between the City of Jurupa Valley (“City”) and GRC Associates, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on September 18, 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 December 31, 2026 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 fifty-thousand dollars ($50,000.00) 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
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receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities
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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.
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. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this section or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
10. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the
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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 Section 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 Avenue
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: GRC Associates, Inc.
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8060 Florence Avenue, Suite 303
Downey, CA 90240
Attn: Robert G. Vasquez
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
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
GRC ASSOCIATES, INC.
By:
Name:
Title:
By:
Name:
Title:
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
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EXHIBIT A
SCOPE OF SERVICES
Ensure applicant meets compliance with all legal and regulatory requirements set forth by State and Local Fiscal Recovery Fund (SLFRF) and the American Rescue Plan Act (ARPA) programs.
To successfully complete this task, Consultant must:
APPLICATION
A. Award LEAP funds to qualifying applicants on a first-come, first-served basis.
B. Award LEAP funds based on a merit-based criteria that applies to all applicants.
C. Prioritize applicants based on the nature of the business, the number of employees potentially impacted by LEAP funds, or other criteria permissible by SLFRF and ARPA regulations and guidelines.
ADMINISTRATION OF APPLICATION SYSTEM
Oversee the LEAP application process. The City expects to receive a high volume of applications and will make the City's website and all other technology resources available to Consultant to facilitate a seamless application process.
TECHNICAL REVIEW OF APPLICATIONS
Perform an initial technical review of applications based on the LEAP program criteria developed. After the technical review is conducted, the City will perform an additional review before funds are awarded to qualifying businesses.
PROGRAM LEAD
Serve as the primary contact for local businesses and City Staff during the entirety of the LEAP program process, which includes:
A. Application Period
B. Application Review Period
C. Application Award Period
D. Grant Performance Period
E. Grant Closure Period
F. SLFRF Reporting Period
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EXHIBIT B
QUOTATION FOR SERVICE
Fully
Burdened
Hourly Sub
Task Staff Hours Rate Total Total
Project Management
R. G. Vasquez 24 120 2,880
Sub-Total 24 2,880$
2. Technical Review of
Applications
R. G. Vasquez 180 120 21,600
Support Staff 40 60 2,400
Sub-Total 220 24,000$
3. Program Lead
R. G. Vasquez 180 120 21,600
Support Staff 40 60 2,400
Sub-Total 220 24,000$
4. Other Tasks (if needed)
R. G. Vasquez - 120 -
M. Linares - 120 -
Support Staff - 60
Sub-Total - -$
Total 464 50,880$
Grand Total (rounded) 50,000$
ARPA LEAP PROGRAM
Itemized List of Costs
City of Jurupa Valley
JURUPA VALLEY
Local Economic Assistance Program
(LEAP)
American Rescue Plan Act (ARPA)
Assistance to Small Businesses
Program Guidelines
Published: September 16, 2022
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
(951) 332-6464
City of Jurupa Valley | LEAP Program Guidelines, Published: September 16, 2022
Table of Contents
1. Introduction .................................................................................... 1
2. Eligibility ........................................................................................ 2
3. Application Process. ..................................................................... 5
4. Selection Process ......................................................................... 5
5. Grant Administration ..................................................................... 7
6. Duplication of Efforts .................................................................... 7
7. Program Administration................................................................ 7
8. Applicant Confidentiality .............................................................. 8
9. Equal Opportunity Compliance and Non-Discrimination ........... 8
10. Conflict of Interest ......................................................................... 8
11. Program Guidelines-Changes / Modifications ............................ 8
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
1. INTRODUCTION
The Coronavirus (COVID-19) pandemic has been devastating to many small businesses.
The Jurupa Valley City Council has approved providing financial assistance to local small businesses to help during the COVID -19 pandemic through the implementation of the Local Economic Assistance Program (LEAP) program. The mission of the LEAP program is to utilize American Rescue Plan Act (ARPA) funds to provide grants to small businesses that meet qualifications established by the Department of the Treasury’s Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Final Rule.
On August 18, 2022, the City of Jurupa Valley City Council approved the ARPA spending plan which included $500,000 toward the LEAP Program. The City intends to make these funds available to small businesses that qualify to receive funds in accordance with the regulations and guidelines established by the SLFRF. The LEAP p rogram will be operational and abl e to accept applications from quali fying small businesses starting September 16, 2022. Applications will be accepted, on a first -come, first-serves basis, until all funds have been awarded.
Applications can be found on the City’s website at: www.jurupavalley.org/LEAP . The
online application text can be translated into over fifty (50) different languages by utilizing the Google Translate tool on the City’s website. Please contact City Hall for additional language translation help if needed. Paper applications are availabl e upon request, but are strongly discouraged. Paper applications must be submitted to the following address:
City of Jurupa Valley
LEAP Program Application
8930 Limonite Avenue
Jurupa Valley, CA 92509
If you have any questions concerning this program , please contact Robert G. Vasquez (Primary Contact) at (562) 553- 0991 or Amy Sells (Secondary Contact) at (951) 332- 6464 ext. 249.
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
2. ELIGIBILITY
Eligible businesses may be awarded up to $10,000 in grant funds through the LEAP program, which is funded by the American Rescue Plan Act (ARPA).
On March 21, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. The 1.9 trillion dollar package in intended to directly combat the COVID-19 pandemic and the resulting economic impacts. ARPA allocates 350 billion dollars towards the State and Local Fiscal Recovery Fund (SLFRF) as fiscal relief for state and local governments.
The ARPA program provides governments the resources needed to:
• Fight the impacts of the pandemic and support families and businesses • Improve public health and the economy
2.1 Eligible Businesses
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The SLFRF Final Rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business”, specifically:
1. Have no more than 50 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and
2. Are a small business concern as defined in S ection 3 of the Small Business Act (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).
Impacted Small Businesses
Measures to identify impacted small businesses include:
• Decreased revenue or gross receipts
• Financial insecurity
• Increased costs
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
• Capacity to weather financial hardship, contracting COVID-19 • Challenges covering payroll, rent or mortgage, and other operating costs Assistance to small business that experienced negative economic impacts includes the following:
• Grants to mitigate financial hardship, such as payroll and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs • Technical assistance, counseling, or other services to support business planning Businesses must also meet the criteria below to be eligible for the City of Jurupa Valley LEAP Program.
• For-profit business physically located within the City of Jurupa Valley, preferably in a storefront building in commercial or industrial areas of City • Business and owner must be in good standing with the City of Jurupa Valley • Business must be registered with the City of Jurupa Valley per the business registration process. If a business was not aware that they w ere subject to the City’s business registration process, they must complete that process before applying to this program. Click here
to learn more about the business registration
process.
• Business has 50 employees or less
• Owner is 18 years or older
• Owner has a valid tax identification number
• Business has a bank account
• Business is not currently in bankruptcy, and has not declared bankruptcy within the last 7 years
• Business is current with property taxes, City fees, and other applicable local, county, state fees and requirements
• The business must prove that their business has been negatively affected by COVID-19
• Business and owner must not be listed on the Federal Debarred list (SAM Search)
• Business must disclose any recent or current litigation
2.2 Ineligible Businesses
The following businesses are not eligible for LEAP grant funding:
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
• Businesses located outside the City of Jurupa Valley
• Nonprofit organizations
• Passive real estate investments
• Home-based businesses
• Government organizations
• Businesses that limit patrons to 18 and older
• Businesses that did not experience a negative economic impact • Businesses that have received other Federal assistance, such as funding from the Paycheck Protection Program or SBA loans from the Economic Injury Disaster Loan Program
• Businesses that have previously received two City of Jurupa Valley LEAP grants
2. Ineligible Use of Funds
Funds under this grant program may not be used to:
• Pay non-business debt
• Purchase personal items or for personal expenses, such as motor vehicles and furnishings
• Direct financing to political activities
• Direct financing to religious activities
• Direct financing to purchase alcohol
• Pay taxes and fines
• Conduct construction related work, or purchase construction equipment • Activities associated with the relocation of a person or a business • Expansions of businesses that result in a significant loss of jobs in the labor market area from which the relocation occurs
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
3. APPLICATION PROCESS
Applicants will be required to complete an initial application that will be available online at www.jurupavalley.org/LEAP. Paper applications are strongly discouraged, but are available upon request.
The initial online application will not require businesses to submit supporting documents.
The City will review the initial online application to determine the eligibility of the business to participate in the program. The City will use the online application process to preliminarily determine if a business is eligible to participate in the LEAP program. The City may request additional documentation from an applicant business to further investigate the eligibility of the business for the program.
4. SELECTION PROCESS
4.1 Grant Approval
If a business is deemed program -eligible upon the conclusion of the initial application review and document collection process, LEAP Grant applicants will be considered on a first-come, first-serve basis and if they qualify after submitting necessary documentation, may be approved, as funding permits.
Phase 1: Businesses will submit a preliminary application online. The City will review that preliminary application and may request supporting documentation from applicants.
Eligible applicants will be considered on a first -come, first-serve basis and approved as funding permits
Phase 2: The City will notify businesses via email (or phone call) if they have been preliminarily selected for the grant. A business that is selected for a grant is not guaranteed to obtain a grant until they provide all required documentation that proves that the business and the planned use of funds complies with the eligibility criteria for the grant program. Required documentation will include, but may not be limited to:
1. Current City of Jurupa Valley Business Registration
2. State Identification Card or Driver’s License
3. W-9 form
4. Lease agreement or rental agreement (for reimbursement of rent expense), or property ownership / mortgage documentation (if business owns property)
5. Tax statements from previous year, including sales and use tax (may ask for personal tax returns, if business is small – and owner qualifies for grant based on their income).
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
6. Documentation that the business was adversely impacted by the COVID-19 pandemic (this may include showing loss in revenue/ profit or other documentation) to the satisfaction of the City.
Businesses that are selected for a grant may be asked to submit additional documentation to ensure that the planned use of funds is compliant with the program. The City reserves the right to ask for additional documentation at any time to ensure compliance with the LEAP guidelines.
Businesses that are selected to receive a LEAP grant will receive a grant agreement , from the City. The grant agreements will specify the payment terms of the grant. The City may use discretion in determining the schedule of grant payments to be made to the eligible business. Potential grant payment schedules include, but are not limited to; • 100% full gran payment via reimbursement
Businesses will be required to sign two copies of the grant agreement s and return both original copies to the City.
4.2 Application Review
The City will conduct a thorough eligibility review of all LEAP applications and may request additional supporting documentation from the business to confirm program eligibility.
During this review, the City will request additional information from each business owner including demographic and socioeconomic data for Federal program reporting and documentation.
This review will confirm the following:
• The business and proposed grant expenditures are eligible • The business was adversely impacted by COVID-19
• The business did not receive duplicative benefits from other Federal, State, local, or private resources
• The application complies with ARPA policies and procedures and these LEAP guidelines
Any determination that deliberate misrepresentation or fraud has occurred will result in the disqualification of the applicant and/or the revocation of a grant at any point from the award to closeout.
City Manager (or designee) will have the option to waive some of the program requirements in these guidelines on a case-by-case basis. Such waivers will occur only to satisfy an urgent need proven by business owners that meet one of ARPA’s national objectives.
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
5. GRANT ADMINISTRATION
Upon the successful completion of the application, the applicant will enter into a grant agreement with the City. The agreement will require original signatures from those authorized to enter into and sign those agreements. Upon execution of the grant agreement, the funds will be distributed to the business owner in accordance with the grant payment schedule via check from the City of Jurupa Valley.
If there is evidence that the grant funds were not spent on eligible uses as outlined in these guidelines or the grant agreement between the City of Jurupa Valley and the grant recipient, the grant recipient may be required to pay grant funds back to the C ity or be subject to legal action.
6. DUPLICATION OF EFFORTS
All participating businesses must comply with the U.S. Department Treasury’s guidance regarding Duplication of Benefits. To qualify for a LEAP grant, participating businesses will need to sign the following agreements: Subrogation agreement and duplication of benefits certification.
7. PROGRAM ADMINISTRATION
The City of Jurupa Valley, in coordination with its consultant, will oversee LEAP program.
The responsibilities of the City include:
• Originate grant funds
• Market the grant program
• Accept and process applications
• Review and underwrite grant requests
• Ensure timely disbursement of funds
• Maintain documents and fiscal records
• Ensure compliance with program guidelines as they relate to the funding sources • Report program metrics to the City Council, the Department of the Treasury, and other interested parties.
City of Jurupa Valley | LEAP Program Guidelines Published: September 16, 2022
8. APPLICANT CONFIDENTIALITY
All personal and business financial information will be kept confidential to the extent permitted by law. Grant participant files with personal and business confidential information will be kept in locked, secured cabinets.
9. EQUAL OPPORTUNITY COMPLIANCE AND
NONDISCRIMINATION
City of Jurupa Valley’s LEAP Program will be implemented in ways consistent with the City’s commitment to State and Federal equal opportunity laws. No person or business shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with ARPA program funds on the basis of his or her disability, family status, national origin, race, color, religion, sex, marital status, medical condition, ancestry, source of income, age, sexual orientation, gender identity, gender expression, genetic information, or other arbitrary discrimination.
10. CONFLICT OF INTEREST
No member of the governing body and no official, employee or agent of the local government, nor any other person, either for themselves or those with whom they have business or immediate family ties, who exercises policy or decision making responsibilities in connection with the planning and implementation of the ARPA program, shall directly or indirectly be eligible for this program.
11. PROGRAM GUIDELINES – CHANGES / MODIFICATGIONS
Minor changes to these Program Guidelines involving administrative procedures or accommodations to adapt to unique applicant situations or opportunities, or regulatory changes, may be performed with the approval of the City Manager or City Manager’s designee. Federal regulatory requirements for the ARPA program are not subject to modification or revision.
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120
STAFF REPORT
DATE: SEPTEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 16.A
PUBLIC HEARING TO CONSIDER A RESOLUTION MAKING CERTAIN
FINDINGS RELATED TO THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY BOLD PROGRAM FOR ROCK ROSE AND BAYBERRY
PLACE DEVELOPMENT PROJECT
RECOMMENDATION
1) That the City Council conduct a public hearing regard ing the financing of public improvements to be owned by the Jurupa Area Recreation & Park District in connection with the Rock Rose and Bayberry Place (Tract 37714) Development Project through the formation of a community facilities district and the issuance of bonds by the California Municipal Finance Authority; and 2) That the City Council adopt Resolution No. 2022-101, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, MAKING A FINDING OF SIGNIFICANT BENEFITS FOR THE
FINANCING OF CERTAIN PUBLIC IMPROVEMENTS BY A COMMUNITY
FACILITIES DISTRICT TO BE FORMED BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY THROUGH ITS BOND OPPORTUNITIES FOR LAND
DEVELOPMENT (BOLD) PROGRAM
BACKGROUND
CMFA is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California, including the City of Jurupa (“City”).
At the request of DR Horton (the “ Developer”), CMFA has conducted or intends to conduct proceedings under the Mello-Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Mello -Roos Act”) to form a Co mmunity Facilities District (the “CFD”) for the Rock Rose and Bayberry Place developments as
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part of CMFA’s Bond Opportunities for Land Development (“BOLD”) program that is intended fund Park District facilities only. Once formed, the CFD will levy special taxes to be paid by the property taxpayers within the CFD. It is expected that the CFD will issue bonds to be secured and repaid by the special tax revenues. The purpose of forming this CFD is to finance certain facilities (the “CFD Improvements”) and/or development impact fees (which fees are used for capital improvements) (the “CFD Fees”).
The use of the BOLD program means that the CMFA and its consultant team will form and approve the CFD. CMFA will use the services of a special tax consultant and administrator to create the special tax formula and administer, levy, and collect the special taxes. CMFA will issue and handle the sale of the CFD bonds and handle continuing disclosure reporting requirements relating to the bonds. Except for the holding of the Hearing, the City will have no involvement in any of the formation of the CFD, the issuance of the bonds, or the CFD administration since the CFD is intended to fund only Park District facilities.
ANALYSIS
Public Hearing and Finding of Public Benefits
CMFA has requested that the City Council hold the Hearing. CMFA’s counsel has indicated that pursuant to Government Code Section 6586.5, p rior to the issuance of bonds by CMFA for the financing of these improvements, applicable law requires the City Council to hold a public hearing and make certain required findings of benefit related to the issuance of bonds. Such finding will pertain to only to Park District improvements intended to be financed.
CMFA has provided a copy of the Park District’s resolution, making a finding that the improvements to be financed by the Park District will result in significant public benefit.
By adopting the attached resolution at the conclusion of the Hearing, the City Council will make a finding of significant benefits with respect to the financing of the Park District improvements, based on the Hearing and the Park District resolution.
FISCAL IMPACT
There is no fiscal impact. All of the costs and expenses related to the formation, issuance of bonds and ongoing administration for any CFD formed by the BOLD program is the responsibility of CMFA and there is no liability or fiscal impact on the City.
ALTERNATIVES
City Council can decide not to make the public benefit finding.
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RESOLUTION NO. 2022-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNI A, MAKING A FINDING OF SIGNIFICANT
BENEFITS FOR THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS BY A COMMUNITY FACILITIES DISTRICT TO BE
FORMED BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THROUGH ITS BOND OPPORTUNITIES FOR LAND DEVELOPMENT
(BOLD) PROGRAM
WHEREAS, the California Municipal Finance Authority (the “CMFA”) is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California (the “State”), including the City of Jurupa Valley (the “City”); and
WHEREAS, at the request of DR Horton (the “Developer”), CMFA has conducted or intends to conduct proceedings under the Mello-Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Act”) to form a community facilities district (the “CFD”) to finance certain public facilities and development impact fees used for capital improvements authorized to be financed under the Act (the “CFD Improvements” and the “CFD Fees,” respectively) as part of its Bond Opportunities for Land Development (“BOLD”) program for the Developer’s Rock Rose and Bayberry Place (Tract 37714) project; and
WHEREAS, CMFA intends to utilize the proceeds of sale of special tax bonds of the CFD to finance some or all of the CFD Improvements and CFD Fees; and
WHEREAS, the CFD Improvements and the public improvements to be financed by the CFD Fees will include parks and other public facilities (together, the “Financed Improvements”) to be owned by the Jurupa Area Recreation and Park District (the “Park District”); and
WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to th e adoption of this resolution at a public hearing (the “Hearing”), which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the financing of the Financed Improvements; and
WHEREAS, the governing board of the Park District adopted Resolution No. 2022-50 on July 14, 2022 (the “Park District Resolution”), and made a finding that the issuance of bonds by CMFA in connection with the BOLD Program for the financing of the Financed Improvements will provide s ignificant benefit, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jurupa Valley as follows:
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Section 1. Based on the Hearing and the Park District Resolution, the City Council hereby finds and declares that the issuance of bonds by the CMFA in connection with the BOLD Program for the financing of the Financed Improvements will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City.
Section 2 . The City Manager and other officers of the City are hereby authorized and directed to take such other actions and execute and deliver such other documents as may be necessary or appropriate to accomplish the purposes of this Resolution.
Section 3. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the CMFA.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 15th day of September, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022 -101 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 15th day of September, 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 15th day of September, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
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120
DATE: SEPTEMBER 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 16.B
PUBLIC HEARING REGARDING SUBMISSION OF THE 2021-2022
CDBG CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT
RECOMMENDATION
1. That the City Council receive and file the 20 21-2022 Consolidated Annual Performance and Evaluation Report (CAPER); and
2. That the City Council adopt Resolution No. 2022-102, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
ADOPTING AND APPROVING THE CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER) AND AUTHORIZING
SUBMISSION OF THE REPORT TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
BACKGROUND
Community Development Block Grants (CDBG) is Federal funding for cities that was established in 1974 to provide funding with the stated goal of providing anti -poverty and infrastructure development. As a CDBG recipient, the City is required to submit annually a Consolidated Annual Performance Evaluation Report (CAPER ) for the City’s Community Development Block Grant (CDBG) p rogram to the U.S. Department of Housing and Urban Development (HUD ) to report the City’s progress and accomplishments utilizing CDBG funds. In Fiscal Year (FY) 2021-2022, the City received a CDBG grant totaling $ 1,174,850.00. The FY 2021-2022 CAPER summarizes how the funds assisted the City in advancing the goals and objectives outlined in its 2018 -2022 Five-Year CDBG Consolidated Plan (Consolidated Plan).
Projects undertaken or co mpleted in FY 20 21-2022 included the Old Mira Loma Pavement Rehabilitation project, which included the rehabilitation of approximately
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435,000 square feet of existing pavement by grind/overlay, with isolated removal and reconstruction, while upgrading existing ADA facilities in the neighborhood of Mira Loma bounded by 50th, Bellegrave, Etiwanda and Bain. In addition, other public works projects, funded with CDBG funds that were also completed during the past fiscal year, included the Pacific Avenue Street Improvements (Pacific Avenue – Mission to SR60), the Fort Freemont Alley Improvement, Phase 1 (Fort Freemont Alley – Mennes to Wallace) and ADA improvements on Mission Blvd. (Mission Boulevard – Ben Nevis to Valley Way).
And, one public works project – Pacific Avenue Safe Routes to School - had design/engineering work completed in May 2022 , with construction estimated to be completed in the next fiscal year. Additional funds were expended for program administration, fair housing services, housing rehabilitation and homelessness services.
In addition, the City of Jurupa Valley on March 17, 2 022 approved the reallocation of $310,000 in CDBG-CV 3 funds to help fund activities that prepare, prevent, or respond to local community impacts of the coronavirus. The two activities that were implemented during this past fiscal year included a rental as sistance program and an economic development program to assist persons and businesses affected by the coronavirus.
Approval of the CAPER carries no fiscal impact. Upon the C ity Council’s approval, City Staff will submit the CAPER to HUD by the September 28, 2022 deadline, which is 90 days after close of the program year, which was June 30, 2022.
ANALYSIS
During fiscal year 20 21-2022, the City r eceived $1,174,850.00 in CDBG fund s. In addition, $188,228 in uncommitted funds from the previous year were added to result in a total budget of $1,363,078 for fiscal year 2021 -2022. These funds have been utilized for projects identified in the City’s FY 2021-2022 CDBG Annual Action Plan approved by the City Council on May 6, 20 22. On March 17 , 202 2, the City C ouncil approved a substantial amendment to the 2019-2020 Annual Action Plan to reprogram $310,000.00 of CDBG-Coronavirus (CDBG-CV 3) funds.
Per HUD regulations , the City must submit a CAPER by September 28, 2022 . The CAPER provides a progress report on the most recently completed fiscal year (i.e., FY 2021-2022). The report details how the prior year’s CDBG funds assisted the City in meeting the goals and objectives outlined in the 2018-2022 Consolidated Plan.
An overview of performance achievements and a summary of FY 2021-2022 revenue and expenditures reported in the CAPER is provided below.
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Performance Achievements Summary
Goal Category Source /
Amount Indicator Unit of
Measure
Expected
5 Yr.
Strategic
Plan
Actual 5
Yr.
Strategic
Plan
5 Yr.
Percent
Complete
Expected
21-22
Program
Year
Actual 21-
22 Program
Year
20-21
Percent
Complete
Homeless
Services Homeless CDBG:
$153,668
Homeless
Person
Overnight
Shelter
Persons
Assisted 350 363 103.71% 125 121 96.80%
Fair Housing
Services
Non-Housing
Community
Development
CDBG:
$25,000 Other Other 1,000 1,716 171.60% 200 622 311.00% Housing
Rehabilitation
Affordable
Housing
CDBG:
$121,061
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
20 15 75.00% 9 5 55.56%
Program
Administration Administration CDBG:
$110,338 Other Other 5 4 80.00% 1 1 100.00%
Public Facilities
Non-Housing
Community
Development
CDBG: $0
Public Facility
or
Infrastructure
Activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 3,000 0 0.00% 0 0 NA
Public
Infrastructure
Improvements
Non-Housing
Community
Development
CDBG:
$946,406
Public Facility
or
Infrastructure
Activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 15,000 19,735 131.57% 860 860 100.00%
Services for Low-
& Moderate-
Income
Households
Non-Housing
Community
Development
CDBG:
$20,000
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 1,500 608 40.53% 200 161 80.50%
Homeless
Services
CDGB-CV-3
(2019-20, Subs.
Amend. #3)
CDBG-CV 3 (2019-
20, Subs. Amend.
#3)
Non-Housing
Community
Development
CV 1&3:
$260,000
Businesses
Assisted
Number of
Businesses
Assisted
64 78 122% 30 30 100.0%
Public Services Food Bank -
CDGB-CV-3 Persons
Assisted
(2019-20, Subs.
Amend. #3)
0.0%
171 108.2%
Public Services CDBG-CV-3:
$50,000
Persons
Assisted 50 0 0.0% 50 0
Homeless CDBG-CV-3:
$270000
Rental
Assistance
Program-
Persons
assited
Persons
Assisted 158 171 108.2% 158
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Summary of Revenue and Expenditures
The City recorded remaining balances in the areas of program administration ($155,106.26), infrastructure ($71,366.97) and the agreement with Path of Life Ministries, Inc. ($12,455.74). These remaining balances, totaling $238,928.97, can be rolled over to the 2022-2023 program year and be available for programming during the formulation of the 2022-2023 Annual Action Plan.
As required by HUD regulations, the City published a notice inviting public review of the CAPER and comments. The required 15 -day review period bega n on August 29, 2022 and concluded on September 15, 2022. As of the writing of this report, the City had not received any public comments. City Staff will advise the City Council of any comments received subsequent to the preparation of this report.
FINANCIAL IMPACT
Acceptance of the CAPER and passage of Resolution No. 2022-102 carries no specific financial impact. CDBG program revenue and expenditure plans are identified in Section 240.2400 of the City’s annual budget.
ALTERNATIVES
1. Decline to adopt Resolution No. 2022-102 and authorize City Staff to submit the 2021-2022 CDBG Comprehensive Annual Performance Evaluation Report to HUD.
2. Provide alternate direction to staff.
Project/Effort Description Allocation 21-22 Expenditure Balance Program
Administration/Housing
Fair housing services, GRC Associates
consulting, creation of AAP, Amendmentsto
AAPs and Citizen Participation Plan, staff
burden and legal expenses
$263,004.00 $107,897.74 $155,106.26
Homeless Services
Agreement with Path of Life for homeless
shelter space, outreach, and case
management services
$153,668.00 $141,212.26 $12,455.74
Infrastructure
Improvements
Old Mira Loma Pavement Rehabilitation
project, which included the rehabilitation of
approximately 435,000 square feet of
existing pavement by grind/overlay, with
isolated removal and reconstruction, while
upgrading existing ADA facilities in the
neighborhood of Mira Loma bounded by
50th, Bellegrave, Etiwanda and Bain.
$946,406.00 $875,039.03 $71,366.97
$1,363,078.00 $1,124,149.03 $238,928.97 Total
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RESOLUTION NO. 2022-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, ADOPTING AND
APPROVING THE CONSOLIDATED ANNU AL
PERFORMANCE EVALUATION REPORT (CAPER) AND
AUTHORIZING SUBMISSION OF THE REPORT TO THE
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Jurupa Valley does hereby find, determine, and declare that:
A. On July 20, 2017, the Federal Department of Housing and Urban Development (HUD) formally notified the City of Jurupa that it qualified as a potential Entitlement Community in the accordance with the Federal laws and regulations related to the Community Development Block Grant (CDBG) program;
B. On July 7, 2018, the City Council of the City of Jurupa Valley adopted the City of Jurupa Valley’s first Consolidated Plan (2018 -2022), Annual Action Plan (2018 -2019), and Citizen’s Participation Plan in the development of the City’s CDBG program; C. On May 2, 2019, the City Council of the City of Jurupa Valley adopted Resolution 2019-29, approving the 2019-2020 Annual Action Plan required by HUD to receive federal CDBG funds each year;
D. On April 16, 2020, the Cit y Council of the City of Jurupa Valley adopted Resolution 2020-20, approving the 2020 -2021 Annual Action Plan required by HUD to receive federal CDGB funds each year;
E. On May 6, 2021, the City Council of the City of Jurupa Valley adopted Resolution 2020-31 approving the 2021-2022 Annual Action Plan required by HUD to receive federal CDBG funds each year;
F. On April 21,2022 the City Council of the City of Jurupa Valley adopted Resolution 2020-33 approving the 2022-2023 Annual Action Plan required by HUD to receive federal CDBG funds each year;
G. As a recipient of CDBG funds, the City is also required to prepare a Consolidated Annual Performance Evaluation Report (CAPER), in which the City reviews the success of the City in achieving the goals outlined in the 2018 -2022 Five-Year Consolidated Plan and Annual Action Plan;
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H. The City Council considered the CAPER for the 2021 -2022 CDBG program year at a publicly noticed meeting on September 15 , 20 22, and the City Council considered all information related to this matter, including any information and comments provided during the public review period or at the public meeting.
Section 2. Adoption. The City Council hereby approves the CAPER for the 2021 - 2022 CDBG program year , which is attached as Exhibit A and incorporated her ein by this reference.
Section 3. Public Input. The City Council hereby authorizes t he City Manager or the City Manager’s duly authorized designee to insert a summary of public input provided during the meeting of September 15, 2022 into the CAPER for the 2021-2022 CDBG program year.
Section 4. Submission to HUD . The City Council hereby authorizes the City or the City Manager’s duly authorized designee to submit the CAPER for the 2021-2022 CDBG program year to HUD.
Section 5. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 15th day of September, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-102 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 15th day of September, 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 15th day of September, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
August 28, 2022
City of Jurupa Valley
2021-2022
Consolidated
Annual
Performance &
Evaluation Report
2021-2022 CAPER i
OMB Control No: 2506-0117 (exp. 09/30/2021) ) 8/28/2022
Contents
CR-05 - Goals and Outcomes ..................................................................................................................... 1 CR-10 - Racial and Ethnic composition of families assisted ....................................................................... 7 CR-15 - Resources and Investments 91.520(a) .......................................................................................... 9 CR-20 - Affordable Housing 91.520(b) ..................................................................................................... 11 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................. 13 CR-30 - Public Housing 91.220(h); 91.320(j) ............................................................................................ 15 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) .................................................................................... 16 CR-40 - Monitoring 91.220 and 91.230 ................................................................................................... 19 CR-45 - CDBG 91.520(c) ........................................................................................................................... 17 Attachments
Attachment 1: CDBG-CV Accomplishments
Attachment 2: PR03 - CDBG Activity Summary Report (GPR) Attachment 3: PR26 - CDBG Financial Summary Report
Attachment 4: Impediments to Fair Housing Choice Summary Attachment 5: Public Notice and Summary of Public Comments 2021-2022 CAPER 1
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CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
The City of Jurupa Valley became a direct recipient of Community Development Block Grant (CDBG) funds in 2018. CDBG funds are awarded to the City by the U.S. Department of Housing and Urban Development (HUD). HUD’s objective for the CDBG program is to create viable communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low- and moderate- income.
To be eligible to receive CDBG funding, the City prepared the 2018-2022 Consolidated Plan. The Consolidated Plan is a multi-year strategic plan that identifies and prioritizes housing and community needs and establishes broad program goals to address these needs. The Consolidated Plan identified the following needs, programs, and corresponding five-year goals:
Public Infrastructure improvements that benefit Low/Moderate Income persons: 5 Yr. Goal: assist 15,000 persons
Public Facility improvements that benefit Low/Moderate Income persons: 5 Yr. Goal: assist 3,000 persons
Single Family Housing Rehabilitation: 5 Yr. Goal: Rehabilitated 20 Housing Units Homeless Services: 5 Yr. Goal: assist 150 persons with Outreach, 25 persons with Rapid Rehousing, 25 persons with Overnight Shelter, and 150 persons with Homelessness Prevention Public Services that benefit Low/Moderate income persons: 5 Yr. Goal: assist 1,500 persons Fair Housing Services that benefit households: 5 Yr. Goal: assist 1,000 households Program Administration: 5 Yr. Goal: 5 years of administration Conserve the existing supply of affordable housing by supporting the provision of federal rental assistance vouchers and certificates administered by the Housing Authority of Riverside County.
A component of the Consolidated Plan is the Annual Action Plan. The Action Plan is a one-year expenditure plan for CDBG funds awarded to the City by HUD. The Action Plan identifies specific activities that will receive CDBG funding and sets accomplishment goals. The City Council approved the 2021-2022 Annual Action Plan on May 6, 2021, which allocated $1,157,789 in CDBG funding for four activities: public infrastructure improvements, housing rehabilitation, public services, and program administration (including fair housing services).
A minor amendment to the 2021-2022 Annual Action Plan - to revise 2021 CDBG allocation to $1,174,850 (which was an increase by $17,061 of the original amount) due to HUD oversight was subsequently completed.
In addition, $188,228 was added from prior year’s CDBG funds, resulting in a total of $1,363,078 available for the 2021-22 fiscal year.
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act), was signed into law. Pursuant to the CARES Act, HUD has allocated $702,928 in CDBG-CV-1 funds to the City of Jurupa Valley to help fund activities that prepare, prevent, or respond to local community impacts of the 2021-2022 CAPER 2
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coronavirus. An amendment to the 2018-2022 Consolidated Plan/2019-2020 Annual Action Plan was necessary to add CDBG-CV funded activities to the 2019-2020 Annual Action Plan. On June 4, 2020, the City Council approved the Substantial Amendment to the 2019-2020 Annual Action Plan allocating $702,928 in CDBG-Coronavirus Round 1 (“CDBG-CV-1”) funds. In addition, on March 4, 2021, the City Council approved a second Substantial Amendment to the 2019-2020 Annual Action Plan allocating $664,209 in CDBG- Coronavirus Round 3 (“CDBG-CV-3”) funds. (CDBG-Coronavirus Round 2 funds were allocated to states.) And, on March 17, 2022, the City Council approved a third Substantial Amendment to the 2019-2020 Annual Action Plan, reallocating a portion of the CDBG-CV-3 rental assistance funds to new activities.
The year-end performance report for the CDBG program is called the Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER has been prepared to assist the residents of Jurupa Valley and HUD in assessing the City’s use of CDBG funds, and how these expenditures have addressed the housing and community needs identified in the City’s 2018-2022 Consolidated Plan and the 2021-2022 Annual Action Plan. The CAPER will focus on annual goals and accomplishments for the period of July 1, 2021, through June 30, 2022 – the FY 2021-22 reporting period, and also provides information regarding the use of CDBG-CV funds during the reporting period.
2021-2022 CAPER 3
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Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
During the previous fiscal year (2020-2021), Jurupa Valley received $1,367,137 in total CDBG-CV funds (comprised of $702,928 in CDBG-CV-1 and $664,209 in CDBG-CV-3 funds). However, during the 2021-2022 fiscal year, Jurupa Valley went through the substantial amendment process to reallocate a portion of CDBG-CV-3 funds. Attachment 1 shows the goals, category, amounts, unit of measure and percentages completed of each program.
Goal Category Source /
Amount Indicator Unit of
Measure
Expected
5 Yr.
Strategic
Plan
Actual 5
Yr.
Strategic
Plan
5 Yr.
Percent
Complete
Expected
21-22
Program
Year
Actual
21-22
Program
Year
20-21
Percent
Complete
Homeless
Services Homeless CDBG:
$153,668
Homeless
Person
Overnight
Shelter
Persons
Assisted
350 363 103.71% 125 121 96.80%
Fair Housing
Services
Non-Housing
Community
Development
CDBG:
$25,000 Other Other
1,000 1,716 171.60% 200 622 311.00%
Housing
Rehabilitation
Affordable
Housing
CDBG:
$121,061
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
20 15 75.00% 9 5 55.56%
Program
Administration Administration CDBG:
$110,338 Other Other
5 4 80.00% 1 1 100.00%
2021-2022 CAPER 4
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Public
Facilities
Non-Housing
Community
Development
CDBG:
$0
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
3,000 0 0.00% 0 0 NA
Public
Infrastructure
Improvements
Non-Housing
Community
Development
CDBG:
$946,406
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
15,000 19,735 131.57% 860 860 100.00%
Services for
Low- &
Moderate-
Income
Households
Non-Housing
Community
Development
CDBG:
$20,000
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
1,500 608 40.53% 200 161 80.50%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
2021-2022 CAPER 5
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Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
Consistent with the Consolidated Plan, the City focused FY 2021-2022 CDBG funds on capital improvement projects and resident services, such as free meals programs and housing rehabilitation services. As evident from the data in Table 1, the City met most of its one-year goals. Program administration was carried out as planned, and the Fair Housing Council of Riverside County (FHCRC) exceeded its planned goal.
Path of Life Ministries (POLM) provided an array of services for the City’s homeless and households at risk of homelessness. Services provided include homeless outreach and engagement, emergency shelter, and homelessness prevention assistance. POLM reports 121 individuals accessed shelter or were provided homelessness prevention assistance and support services, almost reaching their goal planned 125 persons assisted goal for the year. Family Services Association (FSA) served 161 unduplicated seniors from Jurupa Valley with free meals during the fiscal year at the Eddie Dee Smith Senior Center in Jurupa Valley. A total of 11,038 free meals to all qualifying seniors were served at the Senior Center.
During the FY 2021-2022, CDBG funding was also allocated for five capital improvement projects, one funded from FY 2021-22 CDBG funds, and the others from previous years CDBG funding, as shown below. • Old Mira Loma Pavement Rehabilitation Phase 1: The project from the 2021-22 fiscal year is 100% complete and successfully rehabilitated the pavement in this community. The project was completed on time and on budget. • Pacific Avenue Street Improvements: The work is 100% complete and accomplished the goals of the project from the 2020-21 fiscal year.
The Notice of Completion was recorded on July 12, 2022. • Fort Freemont Alley Improvement, Phase 1: All work has been completed to-date on this project from the 2020-21 fiscal year and NOC filed October 1, 2021.
• ADA Improvement (Mission Blvd.): All construction work has been completed to-date on this project from the 2020-21 fiscal year and the Notice of Completion was recorded on October 1, 2021. • Pacific Avenue Safe Routes to School: This is a public works project from the 2019-20 fiscal year, that was dependent on multiple financing sources. The City has awarded a contract for engineering services to complete the full design PS&E package for bid. The consultant agreement was executed in July 2022 and design has started. The City targets design completion in early 2023 with 2021-2022 CAPER 6
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construction beginning in the spring. In addition to CDBG funds, the City will be using an SB821 grant and Measure A funds to complete the full scope of the project.
The City utilized CDBG funds for a housing rehab program during the 2021-22 reporting period, with rehabilitation of five housing units completed during this fiscal year (2021-22). The COVID virus greatly affected the bidding / rehab work this past fiscal year. Either construction firms were too busy to start work on new homes, or their crews suffered from the virus and a slowdown in completing work occurred.
Additionally, the Fair Housing Council of Riverside County assisted 622 Jurupa Valley residents; more than three times the number of residents projected to be served during the reporting period.
In addition, the City continued to support the efforts of the Housing Authority of Riverside County (HARC). HARC reports that it provided rental assistance to 337 lower income Jurupa Valley renter households during the reporting period.
During the FY 2021-22, in order to provide assist residents and business owners affected by the coronavirus, the following two CDBG-CV funded programs were implemented in Jurupa Valley:
• Rental Assistance Program: There were 171 unduplicated Jurupa Valley residents that received rental assistance during the FY 2021-22 period.
• Business Assistance Program: A total of 30 businesses, negatively affected by the coronavirus received financial assistance.
Detailed information regarding CDBG program accomplishments for the 2021-22 reporting period is provided in Attachment 2: PR03 – CDBG Activity Summary Report (GPR).
2021-2022 CAPER 7
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CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 207
Black or African American 37
Asian 13
American Indian or American Native 4
Native Hawaiian or Other Pacific Islander 2
Other * 31
Total 294
Hispanic 127
Not Hispanic 167
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
According to the U.S. Census Bureau, the majority of Jurupa Valley residents are racially White – 47.6% per the 2016-20 American Community Survey 5-Year Estimate. This same data source reports that
71.4% of the City’s population is Hispanic/Latino. Based on the data from Table 2, approximately 70.4% of CDBG-funded program participants are White, and approximately 43.2% are Hispanic/Latino. Note:
Table 2 in IDIS excludes 31 individuals assisted with CDBG funds during the reporting period of “Other” race.
A public service program funded during the reporting period was Path of Life Ministries, and all individuals assisted were reported to have extremely low-income (less than 30% of the County median income). The other public service program funded during the reporting period was Family Services Association (FSA) served 41 extremely low-income seniors, or 25.5% of total (less than 30% of County median income). In total, the Jurupa Valley seniors that were served by FSA were all in the low-income categories.
The Fair Housing Council reports (not included in Table 2 totals) that most of their program beneficiaries were low- and moderate-income (94.1%), and 53.5% Hispanic and 13.0% Black/African American, with White (non-Hispanics) at 30.2%.
Homelessness aside, FY 2021-22 CDBG-funded activity accomplishment data indicated that assisted households may be economically unstable and seek out services in the hope of stabilizing their financial situation. This finding is consistent with the Consolidated Plan Needs Assessment which found that many lower income households are housing cost burdened, or severely housing cost burdened, i.e., households are spending more than 30% or 50% of their income on housing.
2021-2022 CAPER 8
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CDBG-CV Race and Ethnicity
The two programs funded with CDBG-CV funds (POLM’s rental assistance program and the economic opportunities-business assistance grants (LEAP) program assisted a total of 218 persons. Out of the total, 78% were White, 19.7% Black or African American, and 2.3% Asian. The Hispanic persons that benefitted, which could be any race, were 60.1% of the total persons assisted with CDBG-CV funds.
Note: Table 2 in IDIS excludes 31 individuals assisted with CDBG funds during the reporting period of “Other” race.
2021-2022 CAPER 9
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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source
Resources Made
Available
Amount Expended
During Program Year
CDBG Public - Federal $1,363,078 $1,124,149
Other-CDBG-CV Public - Federal $729,863 $543,368
Table 3 - Resources Made Available
Narrative
The 2021-2022 Annual Action Plan allocated a total of $1,3,63,078 in CDBG funds for a variety of activities. The City did not receive any program income. As reported in Table 3, the City utilized $1,124,149 in CDBG funds during the reporting period. "Other" funds are CDBG-CV funds; the City spent $543,368 in CDBG-CV funds during the reporting period.
Identify the geographic distribution and location of investments Target Area
Planned Percentage
of Allocation
Actual Percentage
of Allocation Narrative Description
CDBG
Eligible Area 70 -- Funding for activities limited to CDBG- Eligible Census Tract Block Groups
Citywide 30 -- Funding for activities anywhere within
the City Limits
Table 4 – Identify the geographic distribution and location of investments Narrative
In general, the City utilized 2021-22 CDBG funding as anticipated. A detailed summary of these expenditures is provided as Attachment 3 (PR26 - CDBG Financial Summary Report). Attachment 3 also includes the Financial Summary Report for CDBG-CV expenditures.
Concerning the geographic expenditure of CDBG funds, CDBG-funded public and fair housing services were available on a citywide basis. The housing rehabilitation program was also available on a citywide basis. Because all area residents with a mobility limitation or disability will benefit, ADA sidewalk improvements also provide a citywide benefit. Conversely, site-specific projects, such as street pavement rehabilitation and alley pavement/improvement activity is limited to CDBG-eligible Census Tract Block Groups.
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
2021-2022 CAPER 10
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There is no match requirement for the CDBG program.
The City of Jurupa Valley plans to leverage CDBG funds to the greatest extent possible; however, during the 2021-22 reporting period, no additional funds were utilized to leverage CDBG resources.
The City conducted a detailed inventory of potential housing sites as part of the 2017 General Plan process. This study evaluated specific parcels, development constraints, and potential development capacity. The analysis indicates that 902 vacant parcels (or 2,432 vacant acres) in the City appear to be developable for housing. Additionally, parts of 73 other parcels appear to be developable (approximately 677 acres). No new development was initiated on any of these sites during the reporting period.
2021-2022 CAPER 11
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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 9 5
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 9 5
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 9 5
Number of households supported through
Acquisition of Existing Units 0 0
Total 9 5
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City utilized CDBG funds to rehabilitate five housing units during the 2021-22 reporting period. This program is consistent with the Consolidated Plan. Rehabilitation work was completed on five units during the 2021-22 fiscal year. The housing rehabilitation program was in its third year of implementation and the COVID-19 pandemic caused delays in the program. Some work crews had to stop working for a while because workers tested positive for COVID-19. There were major delays in receiving materials, caused by the pandemic affecting supply lines.
With respect to rental assistance, The City has no control over the allocation of housing assistance vouchers or certificates within the City by the Housing Authority of Riverside County. The federal rental assistance program is administered in Jurupa Valley by HARC. HARC reports that 337 Jurupa Valley 2021-2022 CAPER 12
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households received federal rental assistance vouchers or certificates during the 2021-22 reporting period.
Discuss how these outcomes will impact future annual action plans.
As indicated above, the home improvement grant program had sufficient applicants that qualified to receive assistance during the 2021-2022 program year. There were delays in starting construction and receiving bids - caused by the COVID-19 pandemic. As the coronavirus continues to get more under control – it is anticipated that there will be less delays in the future, regarding expenditure of funds.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual *
Extremely Low-income 1 0
Low-income 1 0
Moderate-income 3 0
Total 5 0
Table 7 – Number of Households Served
* The City is not a recipient of HOME funds.
Narrative Information
Table 7 reflects the fact that there was one housing rehabilitation program completion that was of an extremely low-income household, one low-income and three moderate income households. HARC reports that 337 Jurupa Valley extremely low-income and very low-income renter households received rental assistance during the 2021-22 report period.
The City is not a recipient of HOME funds.
2021-2022 CAPER 13
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City allocated CDBG funds for homeless outreach services during the 2021-22 report period. Path of Life Ministries (POLM) reports it had encounters (contacts) with 121 unique homeless individuals in Jurupa Valley during the 2021-22 reporting period. The following services were provided:
Transportation to job interviews, shelter and or mental health appointments, assistance with securing vital documents, such as California IDs and Social Security cards.
Addressing the emergency shelter and transitional housing needs of homeless persons CDBG funds were allocated during the 2021-22 reporting period for homeless shelter resources. POLM reports it provided emergency shelter and support services for 34 unduplicated individuals, totaling 3,191 bed nights. Per the City’s contract with POLM, on a nightly basis two emergency shelter beds are reserved for homeless individuals from Jurupa Valley. No CDBG funding was allocated for transitional housing.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs CDBG funds were allocated during the 2021-22 report period for emergency shelter, but none for transitional housing. As previously indicted, POLM provided emergency shelter and support services to 34 Jurupa Valley residents.
City staff (and POLM) also participate in the regional Continuum of Care (CoC) planning process, including the development of the regional plan to end homelessness, and the regional discharge plan, which aims to prevent individuals leaving institutions, hospitals, etc., from becoming homeless. HARC reports it utilized federal rental assistance vouchers and certificates to assist 35 Jurupa Valley households that were homeless at the time of admission into the rental assistance program. HARC also reports that it has 7 homeless veteran households on the waiting list to provide assistance.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to 2021-2022 CAPER 14
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permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
CDBG funds were allocated to POLM during the 2021-22 report period for homelessness prevention assistance. There were 121 Jurupa Valley residents that benefited from these resources. Furthermore, as reported above, 337 homeless households benefitted from Continuum of Care Program Permanent Supportive Housing Certificates. Also, there were 35 households that were homeless at the time of admission to HARC’s rental assistance program.
2021-2022 CAPER 15
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Jurupa Valley does not own or manage public housing.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable.
Actions taken to provide assistance to troubled PHAs
Not applicable.
2021-2022 CAPER 16
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2021-2022 Annual Action Plan indicated that the City would address barriers to affordable housing by providing an array of incentives to “facilitate the production of housing for all income levels.” Among these incentives are modifications to development standards, reduced development fees, expedited permit processing, and direct financial assistance from in-lieu Inclusionary Housing Program (IHP) fees.
No projects were underway during the reporting period that utilized these incentives.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The 2021-2022 Action Plan indicates the City will encourage and support HARC’s efforts to obtain additional rental assistance funding, especially for senior, disabled, and low-income households as a means to address the needs of underserved residents. During the reporting period, HARC assisted 232 senior households and 157 disabled households, some of which may be senior households, with rental assistance. Additionally, the CDBG-funded public facility improvements initiated during the year will provide barrier-free accessibility for individuals with disabilities and mobility limitations by installing ADA compliant sidewalk ramps and parking stalls. The FHCRC helped to ensure households can access the secure, safe, and decent housing that they desire and can afford, without regard to their race, color, religion, gender, national origin, familial status, disability, age, source of income or other characteristics protected by laws.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) A significant percentage of the City’s housing stock was constructed before 1980 and may contain lead- based paint hazards. The City will ensure that information is available to community residents regarding the health impacts of lead-based hazards, especially for young children. The City’s housing rehabilitation program tests homes that were built before 1978 for lead-based paint, and will address lead-based paint issues, if they are detected in these homes, in order to comply with HUD’s regulations regarding lead-based paint hazards, which was incorporated into the City’s program policies and procedures. During the 2021-22 FY, four of the five that received a rehab grant – needed to be tested for lead (given the age of these four homes) and they were tested for lead-based paint - none was found.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) According to the U.S. Census Bureau, approximately 12.1% of Jurupa Valley residents have incomes below the poverty level. [1] The Consolidated Plan and Annual Action Plan indicated that the City would support the services listed below to help reduce the number of families living in poverty:
• As previously indicated, the City assisted one extremely low-income household during the 2021- 2021-2022 CAPER 17
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22 fiscal year with housing rehabilitation assistance. Additionally, HARC provided rental assistance to 337 renter households during the reporting period including 232 senior and 157 disabled renter households.
• Shelter services were provided to 34 unduplicated homeless persons totaling 3,191 bed nights of Jurupa Valley residents by POLM.
• Fair housing services were provided to 622 persons in Jurupa Valley to help ensure access to safe and decent housing free of discrimination.
• CDBG-CV rent/utility assistance: A total of 171 residents received rent/utility assistance, with all of the 171 residents being extremely low income, or at 30% of AMI or less [1.] U.S. Census Bureau QuickFacts: Jurupa Valley city, California, 2020 Actions taken to develop institutional structure. 91.220(k); 91.320(j) During FY 2021-22, the City solicited the input of local service providers via a community workshop to discuss community needs and future funding opportunities. The City also assisted the HARC to implement its Five-year Public Housing Authority (PHA) Plan for the provision of rental assistance vouchers and certificates. The City also engaged neighboring HUD-grantee communities to explore and participate in regional planning and program initiatives.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City of Jurupa Valley does not operate public housing; HARC provides rental assistance in the community. Federal legislation requires that the Housing Authority prepare five-year and one-year plans that highlight its mission, goals, and objectives as it relates to public and assisted housing programs. The City reviewed the Authority’s plans and provided HARC the opportunity to review and consult with the City regarding its Consolidated Plan and related documents. The goal of this cross- consultation is to provide consistent and coordinated housing services for City residents.
During the year, the City also continued working with local nonprofits. As the City began to expand its CDBG program to provide public service grant funding, it coordinated efforts with nonprofit partners to ascertain local needs and to promote the efficient and effective use of limited public resources.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Consolidated Plan regulations require CDBG recipients to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choice for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, or national origin; (4) promote housing that is accessible to and usable by persons with disabilities; and (5) comply with the non-discrimination requirements of the Fair 2021-2022 CAPER 18
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Housing Act. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document utilized for this purpose. During the 2019-20 reporting period, the City prepared a new five-year AI. The City held a public hearing before the Jurupa Valley City Council on December 5, 2019, to accept community input on the draft Analysis of Impediments to Fair Housing Choice. The City Council voted 5-0 to adopt the AI. Actions taken by the City (and its fair housing service provider) to address fair housing impediments during FY 2021-22 are summarized in Attachment 4. 2021-2022 CAPER 19
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
As the City completes its fourth year as a CDBG Entitlement Community, it has implemented its program policies and procedures. These policies/procedures include an obligation to conduct monitoring of subrecipients. The purpose of such monitoring is to provide program staff with the information necessary to verify the accuracy of data supplied by subrecipients, ensure that subrecipients are carrying out individual activities as described in their contracts, and to ensure that appropriate accounting and record keeping maintained by subrecipients as it relates to the use of CDBG funds. Quarterly invoices must be accompanied with documentation to support the reimbursement requests. The City will conduct monitoring on a biennial basis. During the fiscal year, subrecipients will submit quarterly accomplishment reports. Due to the COVID-19 pandemic, on-site subrecipient monitoring was not carried out. Program staff will also work closely with City departments to ensure CDBG program regulations and other federal requirements are implemented during the reporting period. On-site monitoring planned for the 2021-22 was postponed due to the COVID-19 pandemic.
The City made every effort to comply with all CDBG and Consolidated Plan regulations. The City’s Citizen Participation Plan ensures that community input is considered before the submission of a substantial amendment or an annual update to HUD. It also provides residents with the opportunity to review and comment on annual performance. Construction, professional service, and subrecipient agreements have been prepared to ensure compliance with applicable federal regulations. Additionally, the City has implemented an open procurement process that encourages bidding from minority and women-owned businesses.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
To encourage resident participation in the City’s CDBG program, the City published a notice in the Press Enterprise on August 29, 2022, announcing a 15-day public comment period and public hearing for the 2021-2022 CAPER. The CAPER was made available for public review and comment from August 29, 2022, through September 15, 2022, at Jurupa Valley City Hall and two county libraries located within the City. The City Council held a hearing to obtain additional public comments on September 15, 2022.
There were __ public comments at the September 15, 2022 public hearing, nor any during the 15-day comment period. City Council voted ____ to approve the CAPER at the Public Hearing. A copy of this notice and a summary of written comments is provided as Attachment 5. 2021-2022 CAPER 20
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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
There were no substantial amendments to the 2021-22 Annual Action Plan that would have affected Jurupa Valley’s program objectives for the subject fiscal year.
Prior to the 2021-2022 fiscal year, Jurupa Valley received two rounds of CDBG-CV funds. However, during the 2021-2022 fiscal year, Jurupa Valley went through the substantial amendment process (approved by City Council after a public hearing on March 17, 2022) to reallocate some of the rental assistance funds that were not being spent to other activities, including a business assistance program and food bank. These funds were used to fund activities that prepare, prevent or respond to local community impacts of the coronavirus pandemic.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.