Agenda — Jurupa Valley City Council, October 6, 2022

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, October 6, 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 ITEM
A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.

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

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

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

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

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

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

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

SESSION

4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. APPROVAL OF AGENDA

8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
B. PRESENTATION OF COMMUNITY LAND TRUSTS & AFFORDABLE

HOUSING IN THE SOUTHWEST BY INLAND EQUITY COMMUNITY

LAND TRUST (IECLT)

Requested Action: That the City Council receive a presentation from Associate Director, Jeff Green, regarding the Inland Equity Community Land Trust.

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 COMMISSION

A. MAYOR CHRIS BARAJAS

1. UPDATE ON THE INTERA GENCY COORDINATING COUNCIL
MEETING OF SEPTEMBER 23, 2022

B. COUNCIL MEMBER LORENA BARAJAS

1. UPDATE ON THE WESTERN RIVERSIDE COUNTY REGIONAL

CONSERVATION AUTHORITY - BOARD OF DIRECTORS
MEETING OF SEPTEMBER 12, 2022

2. UPDATE ON THE WESTERN RIVERSIDE COUNTY – REGIONAL
CONSERVATION AUTHORI TY – BOARD OF DIRECTORS
MEETING OF OCTOBER 3, 2022

C. COUNCIL MEMBER BRIAN BERKSON

1. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF SEPTEMBER 2 3,
2022

12. CITY MANAGER’S UPDATE

13. APPROVAL OF MINUTES

A. SEPTEMBER 15, 2022 REGULAR MEETING

Persons wishing to address the City Council on subjects other than thos e listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.

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

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

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA

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

B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$4,881,180.55

Requested Action: That the City Council ratify the check registers dated August 24, and September 2, 7, 14 and 22, 2022 as well as the payroll registers dated August 31, and September 2 and 16, 2022.

C. CONSENT TO THE PARTIAL ASSIGNMENT OF THE DEVELOPMENT

AGREEMENT FOR PARADISE KNOLLS PROJECT, GENERALLY

LOCATED ON LIMONITE AVENUE WESTERLY OF DOWNEY STREET

AND NORTHERLY OF THE SANTA ANA RIVER, TO HAVADJIA
HOLDINGS, INC.

Requested Action: That the City Council adopt Resolution No. 2022-103, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, CONSENTING TO THE PARTIAL

ASSIGNMENT OF THE DEVELOPMENT AGREEMENT FOR THE
PARADISE KNOLLS PROJECT TO HAVADJIA HOLDINGS, INC.

D. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
HARDY & HARPER, INC. FOR ON -CALL ASPHALT REPAIR AND

REPLACEMENT SERVICES

Requested Action: That the City Council approve the Agreement by and between the City of Jurupa Valley and Hardy & Harper, Inc. for Asphalt Repair and Replacement Services for an amount not to exceed $120,000.00 and authorize the City Manager to execute t he Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

E. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND J&S
STRIPING COMPANY, INC. FOR ON -CALL TRAFFIC STRIPING

MAINTENANCE SERVICES

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That the City Council approve the Agreement between the City of Jurupa Valley and J&S Striping Company Inc., for On-Call Traffic Striping Maintenance Services for an amount not to exceed $150,000.00 and authorize the City Manager to execute the agreement i n substantially the form and format attached to the staff report as approved by the City Attorney.

F. AGREEMENT BETWEEN TH E CITY OF JURUPA VAL LEY AND

JOHNSON CONTROLS SEC URITY SOLUTIONS, LLC , FOR

INSTALLATION AND MAI NTENANCE OF DIGITAL SURVEILLANCE

SYSTEM AT THE JURUPA VALLEY OPERATIONS CENTER

That the City Council approve the Agreement between the City of Jurupa Valley and Johnson Controls Security Solutions, LLC, in the amount not to exceed $54,110.26 over a five -year term, for installation and maintena nce of a digital surveillance system at the Jurupa Valley Operations Center, and authorize the City Manager to execute the agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

G. AGREEMENT WITH GRANICUS FOR THE PURCHASE AND

INSTALLATION OF GOVERNMENT EXPERIENCE CLOUD
(ENTERPRISE) AND IMPLEMENTATION SERVICES

Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Granicus for the purcha se, installation, training and staff support associated with the Government Experience Cloud (Enterprise) ; and appropriate $120,446.70 annually, for three years, from the American Rescue Plan Act (ARPA) Fund, which is included in the City Council adopted A RPA Expenditure Plan.

15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

16. PUBLIC HEARING

A. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT NO. 22009 (ZCA22009) TO COMPLY WITH SENATE BILL 234 AND

CLASSIFY SMALL AND LARGE FAMILY DAY CARE HOMES AS

PERMITTED USES IN ALL RESIDENTIAL ZONES

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

2. That the City Council conduct a first reading and introduce Ordinance No. 2022-17, entitled:

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AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA VALLEY

MUNICIPAL CODE TO CLASSIFY SMALL AND LARGE FAMILY

DAY CARE HOMES AS PERMITTED USES IN ALL

RESIDENTIAL ZONES, AND MAKING A FINDING OF
EXEMPTION FROM CEQ A UNDER 15061 (B) (3) OF THE CEQA

GUIDELINES

17. COUNCIL BUSINESS

18. CITY ATTORNEY’S REPORT

19. COUNCIL MEMBER REPORTS AND COMMENTS

20. ADJOURNMENT
Adjourn to the Regular Meeting of October 20, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

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

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

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

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STAFF REPORT
DATE: OCTOBER 6, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 8.B

PRESENTATION OF COMMUNITY LAND TRUSTS & AFFORDABLE

HOUSING IN THE SOUTHWEST BY INLAND EQUITY COMMUNITY

LAND TRUST (IECLT)

RECOMMENDATION
That the City Council receive a presentation from Associate Director, Jeff Green , regarding the Inland Equity Community Land Trust.

BACKGROUND
The Inland Equity Community Land Trust (IECLT) received grant support from the California Community Foundation to examine community land trusts in the southwestern United States . A stipulation of receiving the grant funds was to prepare a report for presentation to local jurisdictions that explains how land trusts can be used to create and preserve affordable housing. Efforts by the IECLT included the following:

1. Studied 5 community land trusts

2. Prepared a historical synopsis

3. Examined predominant housing types found in land trusts

4. Evaluated the sustainability of land trusts as non-profits

5. Identified potential obstacles faced by land trusts

6. Analyzed land trust financials

7. Summarized property management methods

8. Identified potential funding sources

9. Conducted interviews with residences of housing provided through land trusts.

Based on the extensive research and analysis conducted by the IECLT, it was determined that community land trusts offer a promise of permanent affordability and neighborhood stabilization in a time of escalating housing costs.

RETURN TO AGENDA

AGENDA ITEM NO. 13.A
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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
September 15, 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 7:00 p.m.

5. INVOCATION was given by Pastor Alejandro Rios, Iglesia Cristiana Bautista Nueva Esperanza.

6. PLEDGE OF ALLEGIANCE was led by Council Member Lorena Barajas Bisbee.

7. APPROVAL OF AGENDA
Mayor Chris Barajas announced that Closed Session Item 2.B was removed from the agenda as the property under negotiation was acquired through agreement so there was no need for the closed session item.

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

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

Absent: None

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 – PRESENTED

BY DIANA FOX, EXECUTIVE DIRECTOR, REACH OUT
C. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF
COMMERCE – PRESENTED BY TYLER BYRNE, PRESIDENT

RETURN TO AGENDA

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9. PUBLIC APPEARANCE/COMMENTS
The City Clerk read a letter from Masaki Mendoza stating that there is misinformation circulating that the City was catering to developers. He urged residents not to believe “sensationalists” who misrepresent facts and to instead attend the City’s public m eetings to obtain better insight on what is happening.

George Ruiz and Former Riverside City Councilmember, Charles Beatty, representing Friends of Mt. Rubidoux spoke regarding the City of Riverside’s decision to move the July 4 fireworks show from the top of Mount Rubidoux to Ryan Bonaminio Park. Dr. Beatty asked for the Council’s support to get the fireworks moved back to Mount Rubidoux.

Alan Singer stated that he moved to Juru pa Valley five years ago. He voiced a concern that he and his neighbors have been subjected to several crimes of vandalism and theft. He asked if Mission Rock Way could be blocked off from motorists which would help alleviate some of the illegal activity.

David Suarez echoed Mr. Singer’s concerns, stating that he has also experienced incidents of vandalism and thefts in the neighborhood. He requested that this issue be addressed before it gets worse.

Masaki Mendoza discussed his support of high -density housing to address the state’s housing affordability crisis. He described the lack of housing choices, stating that many aspiring homeowners are being forced out of the housing market . He added that neighboring Norco is known for their half -acre/equestrian lots; however, those homes are far more expensive than single-family homes. (Diego Santos donated his time to Mr.

Mendoza).

Wes Andree Executive Director, Jurupa Mountains Discovery Center provided an update on upcoming events. He announced that “Dine with the Dinosaurs” a celebration of 58 years of fossils and fun will be held on Saturday, November 5, 2022 from 5:00 pm to 9:00 pm. Tickets are $75. He encouraged visitors to enjoy their walking trails, critter corner, museum, and butterfly gardens.

10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Council Member Lorena Barajas Bisbee read aloud a statement clarifying misinformation that is being relayed by some groups in Jurupa Valley. She stated that the City Council are not removing horses and are not re-zoning land for higher-density in the protected overlays of Pedley and Mira Loma. Due to state regulations the City Council has rezoned over 60 acres outside of the overlays for this purpose. Also, the City Council is not taking away the trails or the arenas in Jurupa Valley. This information holds zero truth and is only being said to create panic within the community. The City of Jurupa Valley does not own nor do they operate the arenas or the trails. They are dispersed by ownership and management by the school district, park district and the county flood control district. The City Council has promoted transparency and continues to do so. She encouraged residents to reach out to

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the Council or staff to get clarification on any of these matters. The City Council are more than happy to mee t and speak with residents regarding their concerns. She encouraged residents to visit www.jurupavalley.org to find contact information.

Mayor Chris Barajas announced that the annual Jurupa Valley Food Fest will be held September 24th at the Skyview Event Center. This event is sponsored by the Jurupa Valley Rotary and the Lions Club to raise scholarship funds. The event includes lots of food tastings, beverages, live music, and helps build community. Anyone i nterested in tickets may contact Mayor Barajas at City Hall.

11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments - Executive Committee meeting of September 12, 2022.

2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments – Administration & Finance Committee meeting of September 14, 2022.

3. Mayor Chris Barajas gave an update on the Western Community Energy Joint meeting of the Board of Directors and Technical Advisory Committee meeting of September 14, 2022.

B. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an update on the Northwest Transportation Now Coalition meeting of September 8, 2022.

2. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of September 9, 2022.

3. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission meeting of September 14, 2022.

4. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Reduction Review Committee meeting of September 15, 2022.

C. COUNCIL MEMBER GUILLERMO SILVA

1. Council Member Guillermo Silva gave an update on the Northwest Mosquito and Vector Control District meeting of September 15, 2022.

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12. CITY MANAGER’S UPDATE

City Manager Rod Butler announced that there are two State of the City events this year.

The first event will be held Tuesday, September 27 th at the Skyview Event Center. This event is focused more on the business community and will cost $55 per person. The City focused community event will be held Thursday, September 29 th at Patriot High School from 6:00 pm to 8:00 pm. Mayor Chris Barajas will be the keynote speaker at both events.

He read a letter from Jeff Sims, General Manager, Rubidoux Community Services District, expressing thanks and appreciation to the City’s Code Enforcement staff for the diligen t efforts to get the property at Avalon Street just north of Fire Station 38 cleaned up as the abatement efforts and addition of bollards has helped reduce vandalism and property damage.

13. APPROVAL OF MINUTES

A. SEPTEMBER 1, 2022 REGULAR MEETING
A motion was made by Council Member Mayor Pro Tem Leslie Altamirano , seconded by Council Member Lorena Barajas Bisbee, to approve the Minutes of the September 1, 2022 regular meeting.

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

Absent: None

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

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA

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

B. 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

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

AND DETERMINATIONS REGARDING THE SAME

C. 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 th e 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.

A motion was made by Council Member Guillermo Silva, 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

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
Staff Report presented by Lynn Gruber, Koppel & Gruber Public Finance.

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

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

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to adopt Resolution No. 2022-101, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, MAKING A FINDING OF SIGNIFICANT BENEFIT 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

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

Absent: None

B. PUBLIC HEARING REGARDING SUBMISSION OF THE 2021 -22 CDBG

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT
Staff Report presented by Amy Sells, Principal Management Analyst.

Further discussion followed.

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

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

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Mayor Pro Tem Leslie Altamirano , to receive and file the 2021 -2022 Consolidated Annual Performance and Evaluation Report (CAPER) ; and 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 PERFORM ANCE EVALUATION REPORT
(CAPER) AND AUTHORIZING SUBMISSION OF THE REPORT TO THE

UNITED STATES DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

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

Absent: None

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17. COUNCIL BUSINESS

18. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.

19. COUNCIL MEMBER REPORTS AND COMMENTS
Mayor Chris Barajas announced that local physician, Dr. Veronica Contreras, will host a “Walk with a Doc” event on Saturday, October 1st at Vernola Park at 9:00 a.m. The event will allow participants to walk with Dr. Contreras while learning about health.

20. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 8:34 p.m.

The next meeting of the Jurupa Valley City Council will be held October 6, 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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120

STAFF REPORT
DATE: OCTOBER 6, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.B
CHE

CK REGISTERS
RECO

MMENDATION
That
the City Council ratify the check registers dated August 24, and September 2, 7, 14 and 22, 2022 as well as the payroll registers dated August 31, and September 2 and 16, 2022.

The C
ity Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2022- 23 Budget was adopted on June 1 6, 2022. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.

ANAL
YSIS
A
ll expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The check register dated September 22, 2022, includes Chase Card payments of $16,704.65, $16,999.65, and $19,803.41. The Statement, with purchase details, is attached herewith.

HER INFORMATION
N
one.

INANCIAL IMPACT
C
heck registers:
08/
24/22 $ 582,851.96
09/01/22 $ 551,639.32
09/07/22 $ 169,552.08

RETURN TO AGENDA

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120
S

TAFF REPORT
DATE: OCTOBER 6, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 14.C
CO

NSENT TO THE PARTIAL ASSIGNMENT OF THE

DEVELOPMENT AGREEMENT FOR PARADISE KNOLLS PROJECT,

GENERALLY LOCATED ON LIMONITE AVENUE WESTERLY OF

DOWNEY STREET AND NORTHERLY OF THE SANTA ANA RIVER,
TO HAVADJIA HOLDINGS, INC.

RECO

MMENDATION
1) That
the City Council adopt Resolution No. 2022-103, entitled:

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, CONSENTING TO THE PARTIAL ASSIGNMENT

OF THE DEVELOPMENT AGREEMENT FOR THE PARADISE KNOLLS
PROJECT TO HAVADJIA HOLDINGS, INC.

BACKGROUND
The C
ity Council is being asked to consent to the partial assignment of the Paradise Knolls Development Agreement in connection with the sale of PA 3, the commercial retail portion of the Project, from the Developer to Havadjia Holdings , Inc. No other changes are proposed for the Development Agreement or the Project.

O
n April 21, 2016 and May 19, 2016, the City Council approved the Paradise Knolls Specific Plan and other land use entitlements for the Paradise Knolls Project. The Project consists of approximately 107.2 acres generally located on the southwe st corner of Limonite Avenue and Downey Street, and north of the Santa Ana River on the Paradise Knolls golf course. The Specific Plan authorizes a maximum of 650 residential units, recreational amenities and commercial retail uses.

O
n June 16, 2016, the Council also approved the “Development Agreement by and between the City of Jurupa Valley, Paradise Jurupa, LLC, a California Limited Liability

RETURN TO AGENDA

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12774-0132\2719895v1.doc
RESOLUTION NO. 2022-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, CONSENTING TO THE PARTIAL

ASSIGNMENT OF THE DEVELOPMENT AGREEMENT FOR THE
PARADISE KNOLLS PROJECT TO HAVADJIA HOLDINGS , INC., A

CALIFORNIA CORPORATION

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. On May 19, 2016, the City Council approved the Paradise Knolls Specific Plan and other land use entitlements for the Paradise Knolls Project.

B. The Council also approved the “Development Agreement by and between the City of Jurupa Valley, Paradise Jurupa, LLC, a California Limited Liability Company, and Equity Three Properties, LLC, a California Limited Liability C ompany [jointly “Developer”] (Paradise Knolls Project)” (“Development Agreement”). The Development Agreement provides that during the 10 -year term of the Development Agreement, the Developer may develop the project in accordance with the development approvals and standards, which cannot be changed by the City. In return for approval of the Development Agreement, the Developer agreed to provide several public amenities described below. Following a public hearing held on November 18, 2021, the Development Agreement was amended by the City Council.

C. The Developer of the Paradise Knolls Project now prop oses to sell approximately 2.2 acres of the Project to Havadjia Holdings , Inc., a California corporation , consisting of Planning Area 3 of the Project (the “Transferred Property”) which is designated for commercial-retail uses under Specific Plan No. 1402.

D. The City Council is required to consent to the assignment of the Developer’s rights and obligations to Havadjia Holdings under Section 12.A.1 of the Development Agreement because the public improvements required for the Project have not been completed. 1) The original Developer of the Paradise Knolls Project, Paradise Jurupa, LLC and Equity Three Properties, LLC, will continue to be responsible for the design and construction of the public improvements for the Project. 2) Havadjia Holdings will only be responsible for the design and construction of streets, sidewalks and other public improvements within the Transferred Property. 3) No bonds have been required to be posted by the Developer at this time for public and private improvements and so no repl acement bonds need to be posted . 4) Building permits will be issued to Havadjia Holdings based on the completion of public improvements as outlined in the conditions of approval for the Project and the Development Agreement.
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Section 2. The City Council hereby consents to the assignment of Developer’s interests in the Development Agreement to Havadjia Holdings, Inc. assumption of the obligations of the Developer in the Development Agreement, to the extent such interests and obligations arise out of or relate to the Transferred Property, as described in that certain “Partial Assignment and Assumption of Development Agreement,” and authorizes the City Manager to execute the Consent to Partial Assignment and Assumption of Development Agreement on behalf of the City in the form presented to the City Council with such non -substantive changes as may be necessary and convenient to implement the purposes of the Agreement as approved by the City Attorney. The City Manager is further authorized and directed to take all actions necessary and convenient to implement the Agreement and to enter into such additional agreements as may be necessary and convenient to implement the agreements, including but not limited to, executing operating memoranda and agreements, certifications, escrow, amendments to the Partial Assignment and Assumption of Development Agreement, and similar agreements and actions.

Section 2. 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 6th day of October, 2022.

______________________________
Chris Barajas
Mayor

ATTEST:

_______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2022-103 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 6th day of October, 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 6th day of October, 2022.

___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

Revised: 9-25-22
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Havadjia Holdings, Inc.
3800 Orange Street, Suite 300
Riverside, CA 92501
Attention: Pauline Flint-Martinez

Above Space for Recorder's Use

PARTIAL ASSIGNMENT AND ASSUMPTION

OF DEVELOPMENT AGREEMENT

THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT
AGREEMENT (“Partial Assignment”) is made this ____ day of _______ 2022, by and between PARADISE JURUPA, LLC, a California limited liability company, and EQUITY THREE PROPERTIES, LLC, a California limi ted liability company (collectively, “Assignor”), and HAVADJIA HOLDINGS, INC., a California corporation (“Assignee”).

Recitals

A. Assignor is the current “Developer” under that certain “Development Agreement by and between the City of Jurupa Valley, Paradise Jurupa, LLC, a California Limited Liability Company, and Equity Three Properties, LLC, a California Limited Liability Company (Paradise Knolls Project)” dated as of June 16, 2016 and recorded on July 29, 2016 as Document No. 2016- 0320558 in the Of fice of the County Recorder of Riverside County, California (the “Official Records”), as changed, adjusted and clarified by that certain First Operating Memorandum between the City of Jurupa Valley (the “City”) and Assignor dated March 17, 2017, that certain Second Operating Memorandum between the City and Assignor dated April 7, 2020, that certain Third Operating Memorandum between the City and Assignor dated September 16, 2021, that certain Fourth Operating Memorandum dated September __, 2022, and that ce rtain First Amendment to Development Agreement between the City, Assignor and Richmond American Homes of Maryland, Inc. dated March 16, 2022 (as changed, adjusted and clarified, the “Development Agreement ”), which Development Agreement contains certain rig hts, duties and obligations relating to the development of that certain real property commonly known as the Paradise Knolls project (the “Project ”), located in the City of Jurupa Valley, County of Riverside, State of California. All terms with initial capital letters not otherwise defined herein shall have the respective meanings set forth in the Development Agreement.

B. Concurrently with the recording of this Partial Assignment in the Official Records, and pursuant to the terms, provisions and conditions of that certain unrecorded Purchase and Sale Agreement dated as of July __, 2022, by and between Assignor, as the Revised: 9-25-22
2 seller, and Assignee, as the purchaser, as may be amended from time to time (collectively, the “Purchase Agreement”), Assignee is acquiring a portion of the Project from Assignor, said portion of the Project being more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”).

C. Pursuant to the terms of the Purchase Agreement, Assignor agreed to assign to Assignee certain of its rights and interests under the Development Agreement, as such rights and interests relate to the Property. In addition, Assignor and Assignee agreed that Assignor would delegate to Assignee certain of the obligations of Assignor under the Development Agreement, which obligations would be assumed by Assignee. Accordingly, Assignor desires to assign and delegate certain rights and obligations under the Development Agreement to Assignee, and Assignee desires to accept such assignment and assume such obligations under the Development Agreement, as more particularly provided below in this Partial Assignment.

D. Section 12.A.1 of the Development Agreement ( “Section 12.A.1”) allows for an assignment of Developer’s right, title and interest in a portion of the Development Agreement which is subject to the transferred portion of the Project. Section 12.A.1 further provides that such assignment cannot occur until such time as the public and private improvements required by the Develop ment Approvals and the Development Agreement have been accepted by the City unless the City has approved the transfer prior to completion. This Partial Assignment is meant to be an assignment under and subject to Section 12.A.1 with the City’s approval of such transfer in accordance with Section 12.A.1.

E. The purpose of this Partial Assignment is to set forth the terms and provisions agreed upon between Assignor and Assignee with respect to the assignment of certain rights and interests and the delegation of certain duties and obligations of Assignor under the Development Agreement, as such rights, interests, duties and obligations relate to the Property.

Agreement
NOW, THEREFORE, with reference to the foregoing Recitals, and in consideration of the mutual covenants and agreements set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

1. Assignment
. Assignor hereby assigns, conveys and transfers to Assignee the rights and interests of Assignor, as the “Developer”, under the Development Agreement arising from and after the date of this Partial Assignment to the extent such rights and interests relate to the Property, and Assignee hereby accepts such assignment. The parties intend this Partial Assignment to be a partial assignment under and subject to Section 12.A.1 with the City’s approval of the proposed transfer in accordance with Section 12.A.1.

2. Assumption. Assignor hereby delegates to Assign ee all of Assignor’s duties and obligations, as the “Developer”, under the Development Agreement arising from and after the date of this Partial Assignment to the extent such obligations relate to the Property, all of which obligations are hereby assumed by Assignee except for the public improvements described in the Revised: 9-25-22
3 land use entitlements and the Development Agreement for which Assignor shall continue to be responsible.

3. Representations. Assignor represents and warrants to Assignee that: (i) the Development Approvals and the Development Agreement are in full force and effect; (ii) Assignor is not currently in default or breach of any of the Development Approvals or the Development Agreement; and (iii) there are not any events that, but for the passage of time, if left unchanged, would constitute a default or breach on the part of Assignor under the Development Approvals or the Development Agreement.

4. Amendment to Development Agreement . Assignor and Assignee agree that any amendment to the Development Ag reement that affects the Property, or alters the rights or obligations of Assignee (or its successors or assigns) under the Purchase Agreement, shall require the approval in writing of both Assignor and Assignee. Except as provided above, Assignor shall have the right to amend the Development Agreement without the approval of Assignee.

5. Miscellaneous.

5.1 Interpretation; Governing Law. This Partial Assignment shall be construed according to its fair meaning and as prepared by both parties hereto. This Partial Assignment shall be construed in accordance with and governed by the laws of the State of California.

5.2 Attorneys’ and Other Fees. In the event of any dispute between the parties hereto or institution of any action or proceeding to interpret or enforce the provisions of this Partial Assignment, or arising out of the subject matter of this Partial Assignment or the transaction contemplated hereby, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses incurred, including court costs and reasonable attorneys’ fees and expert witness fees.

5.3 Authority. Each of the parties hereto represents and warrants to the other that the person or persons executing this Partial Assignment on behalf of such party is or are authorized to execute and deliver this Partial Assignment and that this Partial Assignment shall be binding upon such party.

5.4 Further Assurances. Assignor and Assignee each agree to do such further acts and things and to execute and deliver such additional agreements and instruments as the other may reasonably request to consummate, evidence, confirm or more fully implement the agreements of the parties as contained herein.

5.5 Execution in Counterparts . This Partial Assignment may be executed in several counterparts, and all originals so executed shall constitute one agreement between the parties hereto.

5.6 Conflict. In the event of any conflict or inconsistency between the provisions hereof and the provisions of the Purchase Agreement, the provisions of the Purchase Agreement shall govern and prevail.

Revised: 9-25-22
4 5.7 Effective Date . The “Effective Date” shall mean the date upon which Assignee acquires fee title to the Property pursuant to the Purchase Agreement.

5.8 Recordation. The parties hereby authorize this Partial Assignment to be recorded in the Official Records upon the Effective Date.

5.9 Successors and Assigns. This Partial Assignment shall be binding upon and inure to the benefit of the respective successors, assigns, personal representatives, heirs and legatees of Assignor and Assignee.

5.10. Notices. For purposes of Section 13.A. of the Development Agreement, notices to Assignee shall be addressed as follows:

To Assignee: Havadjia Holdings, Inc.
3800 Orange Street, Suite 300
Riverside, CA 92501
Attention: Pauline Flint-Martinez

[SIGNATURES ON FOLLOWING PAGE[S]]

Revised: 9-25-22
5 IN WITNESS WHEREOF , Assignor and Assignee have executed and delivered this Partial Assignment as of the day and year first written above, to be made effective as of the Effective Date.

ASSIGNOR: ASSIGNEE:

EQUITY THREE PROPERTIES, LLC,
a California limited liability company

By:

Gregg C. Seaman,
Managing Member

HAVADJIA HOLDINGS, INC., a California
corporation

By:______________________________
Name: ___________________________
Its: ______________________________

PARADISE JURUPA, LLC,
a California limited liability company

By:

Gregory P. Lansing, Managing Member

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STATE OF CALIFORNIA )
COUNTY OF _________________________ )

On _____________________________ before me, , Notary
Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

________________________________________
Signature

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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CONSENT OF CITY
Pursuant to the provisions of Section 12.A.1 of the Development Agreement, the City Council of the City of Jurupa Valley adopted Resolution No. 22-__ consenting to this Partial Assignment and Assumption of Development Agreement and authorized the City Manager to execute this Consent of City on behalf of the City.

CITY OF JURUPA VALLEY, a California
municipal corporation and general law city existing
under the Constitution of the State of California

_________________________________
Rod B. Butler
City Manager
Attest:

_________________________________
Victoria Wasko, CMC
City Clerk

_________________________________
Peter M. Thorson
City Attorney

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EXHIBIT “A” TO PARTIAL ASSIGNMENT AND ASSUMPTION

OF DEVELOPMENT AGREEMENT
Legal Description
Real property in the City of Jurupa Valley, County of Riverside, State of California, described as follows:

LOT 8 OF TRACT MAP NO. 36822, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 465 OF MAPS, PAGES 69 THROUGH 73, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 162-230-013

Page | 1
120

STAFF REPORT
DATE: OCTOBER 6, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.D
AG

REEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
HARDY & HARPER, INC. FOR ON -CALL ASPHALT REPAIR AND

REPLACEMENT SERVICES
RECO

MMENDATION
1) That
the City Council approve the Agreement by and between the City of Jurupa Valley and Hardy & Harper, Inc. for Asphalt Repair and Replacement Services for an amount not to exceed $120,000.00 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
The C
ity of Jurupa Valley seeks bids for on -call asphalt repair and replacement on an annual basis. Typically, the work involves the repair and/or replacement of small roadway sections and other infrastructure items throughout the City.

O
n August 4, 2022, Staff published a Request for Proposals (“RFP”) for On-call Asphalt Repair and Replacement Services. The RFP was published on the City’s Plane tBids portal, a web based procurement system. The scope of work included performing asphalt repair and replacement services within the City on an as needed basis. The solicitation closed on August 25, 2022 and the City received four (4) responsive proposals.

ANALYSIS
P
roposals received by the City (in alphabetical order):
o All American Asphalt, Corona, CA
o A&Y Asphalt Contractors Inc., Norco, CA
o Hardy and Harper, Inc., Lake Forest, CA
o Onyx Paving Company, Anaheim, CA

RETURN TO AGENDA

Page | 2

Public Works staff review the proposals per guidelines as set forth in the RFP and Hardy & Harper, Inc. (“H&H”) was the lowest responsible bidder. H&H is a small asphalt-paving contractor and has been in business for over 75 years. H&H has served a number of public agencies in Southern California, including the cities of Mission Viejo, Palos Verdes, and Jurupa Valley. H&H has successfully performed asphalt repair and replacement services for the City since 2020.

This Agreement is an on-call, as-needed arrangement. Public Works staff will identify the street locations and H&H will perform the work in accordance with the unit prices as set forth in the Agreement. By approving this agreement, the City will contract with H&H for an initial term of three years with the option to extend the term for two, one- year extensions.

FINANCIAL IMPACT
The proposed Agreement is an on-call arrangement, not to exceed $120,000.00 per fiscal year through the term of the Agreement . The City is not obligated to utilize the services of Hardy & Harper, Inc. in any quantity. This is a unit price contract and work performed will be paid based on the unit price. If approved, the Agreement will be funded through Gas Tax, account number 200-2000-54153.

ALTERNATIVES

1. Do not approve an Agreement with Hardy & Harper, Inc.

2. Provide alternate direction to Staff.

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

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AGREEMENT FOR SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND HARDY & HARPER, INC. FOR ON-CALL ASPHALT PAVEMENT REPAIR AND

REPLACEMENT SERVICES
THIS AGREEMENT is made and effective as of October 6, 2022, between the City of Jurupa Valley (“City”) and Hardy & Harper, Inc., a California Corporation (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on October 10, 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 October 9, 2025, unless sooner terminated pursuant to the provisions of this Agreement. The City and Contractor may extend the term of this Agreement by mutual agreement for two, one (1) year extensions. The Agreement term and all extensions thereto shall not exceed a total of five (5) years. The City Manager shall have the authority to exercise and execute the necessary term extension amendment.

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

4. Payment
A. The City agrees to cause Contractor to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Twenty Thousand dollars ($120,000.00) each fiscal year through the total term of the Agreement unless additional payment is approved as provided in this Agreement.

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

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor’s fees it shall give written notice to Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City pursuant to Section 4.

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

B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Contractor with written notice of the default. The Contractor 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 Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. Prevailing Wages
A. Contractor shall pay prevailing wages to the extent required by and in accordance with the requirements of Labor Code Sections 1720 et. seq. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Contractor from the Director of the Department of Industrial Relations. Copies -3-
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may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.

B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.

8. Ownership and Maintenance Of Documents
A. Contractor 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. Contractor 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. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
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C. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Contractor.

9. Indemnification
A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Contractor shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or any of its officers, employee, sub-Contractors, or agents in the performance or its professional services under this Agreement.

In no event shall the cost to defend charged to the Contractor exceed the Contractor’s proportionate percentage of fault as set forth in California Civil Code 2782.8.

B. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Paragraph 9.A. above, but subject to the limitations of Section 2 of this Agreement, Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Contractor 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. Contractor 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. Contractor’s duty to defend pursuant to this Section 9.B. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

10. Insurance Requirements
A. Contractor 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 Contractor, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
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b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Contractor’s profession. 2) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. -6-
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2) For any claims related to this project, the Contractor’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 Contractor’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that 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 Contractor 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, Contractor 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. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

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

11. Independent Contractor
A. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its -7-
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officers, employees or agents are in any manner officers, employees or agents of the City.

Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

12. Legal Responsibilities
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor 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 Contractor to comply with this section.

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

B. Contractor, 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 Contractor gives City notice of such court order or subpoena.

14. Assignment
The Contractor 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-Contractors described in Exhibit A to this Agreement provided the costs of such sub-Contractors shall be borne by the Contractor and shall not exceed the costs described in Paragraph 5 of this Agreement.

15. General Provisions
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of -8-
12774-0001\1689919v1.doc
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: Paul Toor, Public Works Director
To Contractor: Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Attention: Michael Murray, Vice President

B. Licenses. At all times during the term of this Agreement, Contractor 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 Contractor 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 Contractor, or Contractor’s sub-contractors, during his/her tenure or for one year thereafter. The Contractor 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 Contractor or Contractor’s sub- Contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. -9-
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F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

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

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

CITY OF JURUPA VALLEY
Rod Butler
City Manager
ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM
Peter M. Thorson
City Attorney
HARDY & HARPER, INC.

By:

Name:

Title:

By:

Name:

Title:
[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]
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EXHIBIT A

SCOPE OF SERVICES
Contractor will be responsible for performing asphalt pavement repair and replacement services on an “on-call or as-needed” basis during the term of the Agreement.

Assigning work is set forth as follows:

1. The Director of Public Works or his/her designee shall submit to Contractor a written “Request for Work.” The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any.

2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the Director of Public Works whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work.

3. In the event that emergency work is required, the Director of Public Works may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.

4. Upon acceptance of the Contractor’s response by the Director of Public Works, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.

The work shall be performed in accordance with Contractor’s Proposal dated August 25, 2022.

The Contractor’s Proposal is attached hereto as Exhibit A-1. ardy & Harper, Inc.
�fuWWJ�
�
STATE LIC. Number 215952
August 25, 2022
City of Jurupa Valley
8930 Limonite A venue
Jurupa Valley, CA 92509
Subject: Asphalt Repair & Replacement Services
To Whom it May Concern,
Hardy & Harper, Inc. is a corporation organized under the laws of the State of California.

Hardy & Harper, Inc. began 76 years ago as a small asphalt patch and repair company. Through the years we have grown to be one of the premier asphalt paving contractors in Southern California. We offer a multitude of services such as asphalt R&R, new grade and paves, skin patching, overlays, and implementation of preventative asphalt paving programs.

Below is a list of our key personnel proposed to be funded under the agreement.

Michael Murray - Vice President
Mike Amundson - Project Manager/Senior Estimator
Rigo Bolanos - Superintendent
The Supervisor of Personnel will be Rigo Bolanos. The Supervisor of Scheduling and the Point of Contact for Contractor Invoicing & Bill Reconciliation will be Mike Amundson.

Please review the attached documents describing Hardy & Harper, lnc.'s background, qualifications, understanding and experience with providing asphalt repair and replacement services.

Sincerely,
Hardy & Harper, lnc.

Contractor's State License No.: 215952
Project Name: Asphalt Repair and Replacement Services
32 RANCHO CIRCLE I LAKE FOREST, CA 92630 I (714) 444-1851 · FAX (714) 444-2801 Exhibit A-1

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EXHIBIT B

PAYMENT RATES AND SCHEDULE
Payment for work performed under this Agreement shall not exceed $120,000.00 during each fiscal year through the total term of this Agreement. Pricing shall remain in effect through the initial term of this Agreement.

Page | 1
120

STAFF REPORT
DATE: OCTOBER 6, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 14.E

AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND J&S
STRIPING COMPANY, INC. FOR ON-CALL TRAFFIC STRIPING

MAINTENANCE SERVICES

RECOMMENDATION
1) That the City Council approve the A greement between the City of Jurupa Valley and J&S Striping Company Inc., for On-Call Traffic Striping Maintenance Services for an amount not to exceed $150,000.00 and authorize the City Manager to execute the agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
Maintaining traffic striping is a key component in providing safe and efficient movement of vehicles, bicyclists and pedestrians. Aging, highly traveled streets require regular striping maintenance and occasionally enhancements. In addition to re -striping existing streets, the City has various resurfacing projects planned, which also requires new traffic striping to maintain safety.

On August 11, 2022, Staff published a Request for Proposals (“RFP”) for On-Call Traffic Striping Maintenance Services. The RFP was published on the City’s Plan etBids portal, a web based procurement system. The scope of work included performing striping maintenance within the City. The solicitation closed on August 31, 2022 and the City received five (5) responsive proposals.

ANALYSIS
Proposals received by the City (in alphabetical order):
o Chrisp Company, Bloomington, CA
o Interstate Striping, Inc., Fontana, CA
o J&S Striping Company, Inc., Ontario, CA

RETURN TO AGENDA
Page | 2

o Safe USA, Inc., Ontario, CA
o Superior Pavement Markings, Inc., Beaumont, CA

Public Works staff reviewed the proposals per guidelines as set forth in the RFP and J&S Striping Company, Inc. (“J&S”), is the best-qualified bidder. J&S has been in business for over 25 years and has worked with local municipalities such as the cities of Chino, Tustin, and Yorba Linda.

This Agreement is an on-call, as-needed arrangement. Public Works staff will identify the service locations and J&S will perform the work in accordance with unit prices as established in the Agreement. If approved, the City will contract with J&S Striping Company Inc. for an initial term of three years with the option to extend the term for two, one-year extensions.

FINANCIAL IMPACT
The proposed Agreement is for on-call services, not to exceed $150,000 .00 per fiscal year through the term of the Agreement. This is a unit price contract and work performed will be paid based on the unit price. If approved, the Agreement will be funded through Gas Tax, account number 200-2000-54151.

ALTERNATIVES
1) Do not approve the Agreement for Traffic Striping Ma intenance Services with J&S Striping Company, Inc.
2) Provide alternative direction to staff.

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

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12774-0001\1689919v1.doc

AGREEMENT FOR SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND J&S STRIPING COMPANY, INC. FOR ON-CALL TRAFFIC STRIPING

MAINTENANCE SERVICES

THIS AGREEMENT is made and effective as of October 6, 2022, between the City of Jurupa Valley (“City”) and J&S Striping Company, Inc., a California Corporation (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

4. Payment
A. The City agrees to cause Contractor to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Fifty Thousand dollars ($150,000.00) each fiscal year through the total term of the Agreement unless additional payment is approved as provided in this Agreement.

7. Prevailing Wages
A. Contractor shall pay prevailing wages to the extent required by and in accordance with the requirements of Labor Code Sections 1720 et. seq. Pursuant to the provisions of Section 1773 o the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Contractor from the Director of the Department of Industrial Relations. Copies -3-
12774-0001\1689919v1.doc
may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.

B. 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 Contractor. With respect o computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
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C. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Contractor.

In no event shall the cost to defend charged to the Contractor exceed the Contractor’s proportionate percentage of fault as set forth in California Civil Code 2782.8.

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.

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

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: Paul Toor, Public Works Director
To Contractor: J&S Striping Company, Inc.
1544 S. Vineyard Avenue
Ontario, CA 91761
Attention: Robert Aragon, President

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

CITY OF JURUPA VALLEY

Rod Butler
City Manager

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

J&S STRIPING COMPANY, INC.

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]
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EXHIBIT A

SCOPE OF SERVICES
Contractor will be responsible for performing traffic striping services on an “on-call or as- needed” basis during the term of the Agreement.

Assigning work is set forth as follows:

The work shall be performed in accordance with Contractor’s Proposal attached hereto as Exhibit A-1.

Tax ID
: 95-3463575

ROBERT ARAGON
1544 S. VINEYARD AVE, ONTARIO, CA 91761− 909-947-8073
Experience PRESIDE
NT
J&S STRIPING COMPANY, INC, ONTARIO, CA 91761
January 2010 –PRESENT
Manages and works with Crews & creates work schedules.

Coordinates with Customers/Clients so that jobs’ are completed on schedule.

Meets with Customers / Clients before or during the job to resolve any construction issues.

Creates Cost Estimates, Change Orders, RFI for changes in scopes of work Create and Issue Billing for work completed

GENERAL MANAGER

J&S STRIPING COMPANY, INC, SANTA FE SPRINGS, CA
2008 – December 2009
Manages and works with Crews & creates work schedules.

Coordinates with Customers/Clients so that jobs’ are completed on schedule.

Meets with Customers / Clients before or during the job to resolve any construction issues.

Creates Cost Estimates, Change Orders, RFI for changes in scopes of work Create and Issues Billing for work completed
Additional
Information : 36 + years experience in Striping Industry On job training
References References are available on request.

Exhibit A-1

COMPANY: J & S STRIPING CO INC
ADDRESS: 1544 S.VINEYARD AVE ONTARIO CA 91761
PHONE #: 909.947.8073
FAX #: 909.947.9489
LICENSE #, CLASS, & EXPIRATION DATE: C‐32 538211 / AUGUST 31, 2024 FEDERAL ID #: 95‐3463575
DEPT OF INDUSTRIAL RELATIONS #:
(DIR #) # 1000006912
CONTACT NAME: ROBERT ARAGON
CONTACT EMAIL ADDRESS: [email protected]
SERVICES PROVIDED: STRIPING, REMOVALS, MARKERS & SIGNS
UNION LOCAL 1184
SURETY PATRIOT RISK & INSURANCE SERVICES (Contact Scott Salandi :949‐486‐7917) BONDING COMPANY AMTRUST NORTH AMERICA

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EXHIBIT B

PAYMENT RATES AND SCHEDULE
Payment for work completed under this Agreement shall not exceed $150,000.00 during each fiscal year through the total term of this Agreement. Pricing shall remain in effect through the initial term of this Agreement. Contractor’s cost proposal is attached hereto as Exhibit B-1.

ITEM
NO.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 EXHIBIT B-1

COST PROPOSAL
Traffic Striping Maintenance Services

UNIT OF DESCRIPTION OF ITEMS MEASUREMENT
4" Centerline Yellow Caltrans Std Detail 1
or 4" Centerline White Caltrans Std Detail L.F.
8 6" Centerline Yellow Caltrans Std Detail 1
or 6" Centerline White Caltrans Std Detail L.F.
8 4" Centerline Yellow Caltrans Std Detail 2 L.F.
6" Centerline Yellow Caltrans Std Detail 2 L.F.
6" Centerline Yellow Caltrans Std Detail 6 L.F.
6" Centerline White Caltrans Std Detail 9 L.F.
'
6" Lane Line White Caltrans Std Detail 12 L.F.
4" No Passing Zone Yellow per Caltrans L.F.Std Detail 15 6" No Passing Zone Yellow per Caltrans L.F.Std Detail 15 4" No Passing Zone Yellow and RPM L.F.Caltrans Std Detail 16 6" No Passing Zone Yellow and RPM L.F.Caltrans Std Detail 16 6" No Passing Zone Yellow Caltrans Std L.F.Detail 18
6" No Passing Zone Yellow Caltrans Std L.F. Detail 19
4" No Passing Zone - Two direction (No L.F.

RPM) Caltrans Std Detail 21
6" No Passing Zone - Two direction (No L.F.

RPM) Caltrans Std Detail 21 .
4" No Passing Zone - Two direction with L.F.

RPM Caltrans Std Detail 22
6" No Passing Zone - Two direction with L.F.

RPM Caltrans Std Detail 22
4" Solid Line Yellow Caltrans Std Detail 24
or 4" Solid Line White Caltrans Std Detail L.F.
27B
6" Solid Line White Caltrans Std Detail 24
or 6" Solid Line Yellow Caltrans Std Detail L.F.
27B
6" Edgeline Yellow Caltrans Std Detail 25 L.F. I
611 EdQeline Yellow Caltrans Std Detail 25A L.F.
611 Median Island Yellow Caltrans Std L.F.

I
Detail 28 !
6" Median Island Yellow w/ RPMs Caltrans i
Std Detail 29 L.F.
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UNIT PRICE UNIT PRICE
(FIGURES) (FIGURES)
Paint Thermoplastic
.08 .30
.09 .30
.10 .12
.11 . .).)
.12 . .3.3
.11 .33
.12 .33
.09 .70
.12 .78
.15 .82
.18 .85
.12 .78
.15 .82
.11 .85
.22 .90
.30 .88
.35 .92
.10 .37
.12 .65
.12 .70
.15 .74
.22 .90
.30 .88

Page | 1
120

STAFF REPORT
DATE: OCTOBER 6, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO.14.F
AG

REEMENT BETWEEN THE CITY OF JURUPA VAL LEY AND

JOHNSON CONTROLS SECURITY SOLUTIONS, LLC, FOR

INSTALLATION AND MAINTENANCE OF DIGITAL SURVEILLANCE

SYSTEM AT THE JURUPA VALLEY OPERATIONS CENTER
RECO

MMENDATION
1) That
the City Council approve the A greement between the City of Jurupa Valley and Johnson Controls Security Solutions , L LC, in the amount not to exceed $54,110.26 over a five- year term , for installation and m aintenance of a digital surveillance system at the Jurupa Valley Operations Center, and authorize the City Manager to execute the agreement in substantially the form and format attached and as approved by the City Attorney.

BAC

KGROUND
O
n April 1, 2021, the City Council approved an agreement between the City of Jurupa Valley (“City”) and Riverside County for the purchase of the property located at 5293 Mission Boulevard, Jurupa Valley, CA. After acquiring the property, the building was renamed as the Jurupa Valley Operations Center (“JVOC”), which provides office space for field staff and storage for field equipment. Upon acquiring JVOC, the City entered into an agreement with All American Private Security, LLC, to provide onsite security from 9:00 p.m. to 5:00 a.m., Monday through Sunday.

I
n anticipation of the agreement with All American Private Security expiring, Staff solicited informal quotes in January 2022 for closed circuit television (“CCTV”) equipment, also known as video surveillance. The scope of work included the installation of 13 cameras throughout JVOC to ensure full visibility of the exterior with a focus on entry and exit points. In addition, cameras would also capture the interior of the warehouse space that houses the City’s capital equipment.

RETURN TO AGENDA
Page | 2

The solicitation did not include specifications for camera hardware and as a result, t he City received four (4) quotes with a range of hardware features and pricing. Due to the significance in cost difference and proposed equipment, Staff initiated conversations with Prestige International Security, Inc. to provide outside expertise to assist in further evaluating t he needs of the City. Using their expertise, Staff identified the necessary hardware and requested revised quotes to obtain the best price for comparable equipment.

ANALYSIS

The City received quotes from the following City (in alphabetical order):

o All Systems Global, LLC., Beverly Hills, CA
o AVS Systems, Inc., Riverside, CA
o Johnson Controls Security Solutions, LLC., Jurupa Valley (Satellite Branch), CA

Vendor Installation Cost Annual Service Cost 5-Year Cost All Systems Global $43,539.56 $3,000 $58,539.56
AVS Systems $50,137.25 $839.88 $54,336.65
Johnson Controls $51,978.76 $426.30 $54,110.26

Staff evaluated the quotes and determined that Johnson Controls Security Solutions, LLC. (“Johnson Controls”) offered the most competitive pricing and had reputable references. Johnson Controls has over 100 years of experience and serves thousands of customers worldwide in both the private and public sector. The City has an existing professional relationship with Johnson Controls as they have been successfully been providing CCTV and alarm services at City Hall since 2015. By approving this Agreement, the City will contract with Johnson Controls for an initial term of five years.

FINANCIAL IMPACT

If approved, the City will be required to pay a one-time installation fee of $51,978.76 and an annual service fee of $426. 30. The Agreement shall not exceed $54,110.26 over the initial five-year term. Funds are available in the Jurupa Valley Operations Center Safety account.

ALTERNATIVES

1) Do not approve the agreement with Johnson Controls Security Solutions, LLC

2) Provide alternative direction to staff.

Revised: 9-21-22

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AGREEMENT FOR SECURITY SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND JOHNSON CONTROLS SECURITY SOLUTIONS, LLC. FOR VIDEO

SURVEILLANCE AT THE JURUPA VALLEY OPERATIONS CENTER

THIS AGREEMENT is made and effective as of October 6, 2022, between the City of Jurupa Valley (“City”) and Johnson Controls Security Solutions, LLC, a Limited Liability Company (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

2. Services
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit A. Any language in Exhibit A other than the services and tasks to be performed under this Agreement and the price and terms of payment for installation and service shall be null and void. The provisions of the Agreement shall control and supersede the language of Exhibit A.

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

4. Payment
A. The City agrees to cause Contractor to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A. This amount shall not exceed Fifty-four Thousand One Hundred Ten dollars and Twenty-six cents ($54,110.26) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

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

D. Any language in Exhibit A other than the services and tasks to be performed under this Agreement and the price and terms of payment for installation and service shall be null and void. The provisions of the Agreement shall control and supersede the language of Exhibit A.

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7. Ownership and Maintenance Of Documents
A. Contractor 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. Contractor 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. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

8. Indemnification.

A. Contractor 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 Contractor 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. Contractor 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. Contractor’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.

B. In no event, whether in contract, tort or otherwise (including breach of warranty, negligence and strict liability in tort), will either party be liable for indirect or consequential (including loss of business, loss of use, loss of profits, loss arising from delays, and the like), exemplary, punitive or special damages.
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9. Insurance Requirements.

A. Contractor 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 Contractor, 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 Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Contractor’s profession. 2) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
a) General Liability: Five million dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
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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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Contractor’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 Contractor’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that 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 Contractor 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, Contractor shall notify City of such action or proposed action.

E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be -6-

necessary to enable the City to receive adequate insurance protection as contemplated in this section.

10. Independent Contractor
A. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor 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.

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

11. Legal Responsibilities
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor 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 Contractor to comply with this section.

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

13. Assignment
The Contractor 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 -7-

use of the sub-Contractors described in Exhibit A to this Agreement provided the costs of such sub-Contractors shall be borne by the Contractor and shall not exceed the costs described in Paragraph 5 of this Agreement.

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

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: Paul Toor, Public Works Director
To Contractor: Johnson Controls Security Solutions, LLC. 2023 Chicago Avenue
Riverside, CA 92507
Attention: Roland Gomez, Sales Agent

City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s sub- Contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

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

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

CITY OF JURUPA VALLEY

Rod Butler
City Manager

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

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JOHNSON CONTROLS SECURITY
SOLUTIONS, LLC.

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

The scope of work shall be performed in accordance with Contractor’s proposal attached hereto as Exhibit A.
e-Form 8880UE01 (02/2022) Page 1 of 2
© 2022 Johnson Controls. All Rights Reserved
COMMERCIAL SALES AGREEMENT TOWN NO.
0198-RIVERSIDE, CA
CUSTOMER NO.
119848842
JOB NO. PO NO. ESTIMATE NO.
1-6Z2AXEB

SCOPE OF WORK / SCHEDULE OF PROTECTION
IV. SCOPE OF WORK / SCHEDULE OF PROTECTION (“SOW”) : Johnson Controls agrees to install or cause to be installed the Equipment and furnish the Service(s), collectively, the System, on the terms and conditions set out in this Agreement.

A. Ownership of System and/or Equipment: Direct Sale (equipment to become property of the Customer upon payment of Installation Charges and Fees in full).

B. Services to be Provided (“Services”)
Alarm monitoring and Notification Services: No Service Selected Video Surveillance Services: No Service Selected
Managed Access Control Services: No Service Selected
Video Equipment: Closed Circuit Television PROVIDED
Maintenance Service Plan; Preventive Maintenance/Inspection: Essential Maintenance and 1 Video System Inspection PROVIDED Additional Services: No Service Selected
C. Equipment to be Installed (“Equipment”): Johnson Controls will install, or cause to be installed, the Equipment (or equivalent), as set forth in this SOW in Customer’s designated facility(ies).

As used herein, “installation” means: (i) affixing all Equipment and materials provided by Johnson Controls at such locations within the facility(ies) as are designated by Customer; (ii) providing and pulling cables/wires required to connect the Equipment to Customer’s Communications Facilities and making such connection s; (iii), in the case of a Digital Communicator installation, mount Equipment and plug into RJ31X phone jack previously installed by Customer; (iv) in the case of radio installation, mount radio Equipment and program Equipment with number furnished by Customer; (v) providing and installing software/firmware required by the Equipment; (vi) performing testing as requi red to establish that the Johnson Controls Equipment is connected, is functioning according to its specifications, and is communicating over Customer’s Communications Facilities; and (vii) provid ing user-level training to Customer’s designated representative in the use of such Equipment.

Qty Product Name Location
1 32CH NVR Ultra 265 16 POE Ports 4 SATA
1 10 TB, 6GB/S NVR Hardrive
3,000 CAT 5e 24/4pr, SOL, Unshielded, CMR, Non-Plenum, Gray, 500' Box 6 Dual Sensor 4.2 MM Fixed Lens
6 Wall Mount Arm
6 Camera Junction Box
3 Fixed Fish Eye Camera
3 Junction Box
4 4k IR Fixed Dome Camera
4 Dome Camera Mounting Box
1 Highwire Power Star Camera Unit POE over Coax
1 Highwire Power Star Base Unit POE over Coax
1 Optional 1 Year Warranty PROVIDED
D. CHARGES AND ESTIMATED TAX:

1. Installation Charge:

2. Annual Service Charge:

* Tax value shown is estimated and may differ from the actual tax value that will be on the invoice.

Installation Charge Amount: $49,497.05
* Estimated Tax(es): $2,481.71
TOTAL INSTALLATION CHARGE: $51,978.76
Installation Deposit Amount: $24,748.52
Annual Service Charge Amount: $426.30
* Estimated Tax(es): $0.00
TOTAL ANNUAL SERVICE CHARGE: $426.30
Exhibit A
Exhibit A
e-Form 8880UE01 (02/2022) Page 2 of 2
© 2022 Johnson Controls. All Rights Reserved
Contact Information: David French 650-454-6516 [email protected] System Operation: This is a IP Megapixel cameras system utilizing a Univision server and 13 cameras. The server will be located in the center of the building in the IT room. All cameras are located per attached plan. Quantity 13.

Programming Info: Please set up FPS as 7-10 and motion based recording from five PM to 5 AM Site Conditions: This is a Fleet Service building. The office is all drop tile and the service bay is 25 feet open garage ceiling that is empty during the day and then parked City trucks at night Existing Equipment: There is an old analog system on site. Please leave as is Customer Expectations: Installation times are from 7:30 AM to 4:30 PM Training Expectations: Please instruct David French
General Comments: N/A on permits. Please have a 30 foot working scissor lift on site for 4-5 days.

Customer Responsibilities / Johnson Controls Exclusions: AC power for NVR in the IT room and access thoughout Documentation Needs: Camera location layout provided
Contract Notes -
Exhibit A
120

STAFF REPORT
DATE: OCTOBER 6, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 14.G
AG

REEMENT WITH GRANICUS FOR THE PURCHASE AND

INSTALLATION OF GOVERNMENT EXPERIENCE CLOUD
(ENTERPRISE) AND IMPLEMENTATION SERVICES
RECO

MMENDATION
That
the City Council approve the Agreement between the City of Jurupa Valley and Granicus for the purchase, installation, training and staff support associated with the Government Experience Cloud (Enterprise); and appropriate $120,446.70 annually, for three years, from the American Rescue Plan Act (ARPA) Fund, which is included in the City Council adopted ARPA Expenditure Plan.

BACKGROUND
City Council, staff, residents, and businesses have identified the need for a robust website, diverse opportunities to bolster civic engagement, the ability to conduct city business virtually and a paperless agenda management system.

C
ivic engagement is at the core of a democracy and a representative government. Yet, while today’s residents have more access to information via digital means than ever before, cities struggle to provide easy, user -friendly access to public policy information and opportunities to engage residents virtually . The City of Jurupa Valley’s website is becoming the digital front door to all city resources , and it must be easy for users to find what they are looking for and transact their business on the devices they prefer.

The C
ity’s current digital infrastructure is inadequate and in need of replacement. Basic information is difficult to locate for both residents and staff, the website and agenda search engine is inefficient, security and hacking is a concern, and the tools needed by staff to efficiently communicate with and engage residents are not available. Additionally, the City agenda and meeting process is not automated and will benefit greatly from a cloud based agenda management system. Lastly, the pandemic has shown us the value of contactless service delivery systems that enable a resident or business to access forms and conduct business on-line, 24/7. These forms and services will then integrate on the back end with

RETURN TO AGENDA

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already existing systems.

On August 18, 2022, the City Council adopted the ARPA Expenditure Plan, which included funding for Contactless Service Delivery Infrastructure, such as the Enterprise product and service. The ability to provide digital access and services is critical to resiliency and service delivery continuity during a pandemic or other disaster. As such, the Government Experience Cloud suite of online services is an eligible ARPA expense as outlined in the ARPA guidelines . In accordance with the ARPA Expenditure Plan priorities, this project meets current unmet needs in the community, has proven to be a successful model in other agencies, provides services directly to those in need, leverages an already existing service delivery infrastructure and can be completed within the funding timeline criteria.

ANALYSIS

The Granicus Government Experience Cloud offers solutions for several of the City of Jurupa Valley’s public communications and customer service priorities, which includes a new website to streamline services and improve public acc ess, paperless agenda management system and mass communication software to boost community engagement. Below is an overview of the various components of the Granicus contract, and how each component will enhance current services to the community.

OpenCities SaaS License
The OpenCities platform would allow the City of Jurupa Valley to launch a modern, easy- to-use website. Included in the contract are ongoing product and sec urity updates and enhancements, as well a data audit, user research, and user testing to determine the ideal page layout specifically designed for the Jurupa Valley community. Currently, t he City of Jurupa Valley maintains its official government website through CivicPlus. The existing website consists of approximately:
• 825 pages
• 530 documents
• 2,793 content links
• 14,200 average visitors per month

While the current content management system was a leap forward at the time it was installed; the City organization has grown dramatically over the past three years and improvements are needed to provide more efficient services to the community.

Communications Cloud
The Communications Cloud would enable the City of Jurupa Valley to connect with the community through email, SMS/text messages, RSS feeds, and social media. The Cloud would integrate with other products included in this proposal to give community members the option to sign up to receive more information about topics of their choosing. A text-to-

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subscribe functionality is also included in this feature. The service w ould replac e the current email-marketing tool, CivicSend, which the City Manager’s Office uses to send mass notifications.

OpenForms Team License
OpenForms is a digital forms builder specifically designed for government that would help the City of Jurupa Valley turn complicated, multi -page forms into simple, step- by-step forms that adjust based on customer responses. The City of Jurupa Valley currently utilizes several online forms set up through its current website and links to PDF forms posted on the website. These existing forms could be upgraded using this new software to create an improved experience for both the user filling out the forms and the administrators who process the submissions. Key features include analytics, unlimited and saved responses, and the ability to accept online payments.

Peak Agenda Management
The Peak Agenda Management software simplifies the agenda management and minutes recording proc ess of the City Clerk’s Office. The software streamlines the way they compile and produce agenda, staff reports and record minutes for public meetings. Also included in the proposal is VoteCast. Through VoteCast, elected officials can use their touchscreens or tablets to motion, second, vote, and request to speak. This data automatically populates to the clerk software ensuring accuracy and reducing workload.

The Peak Agenda Management software will move the current agenda management process fully online.

The Government Experience Cloud aims to transform the community experience to better connect, engage, and s erve constituents by increasing workflow efficiencies. By automating engagement, and bringing information directly to citizens , civic participation will be increased.

Granicus is a public sector technology leader that has been providing digital solutions for governments, including website management, digital communications, online transactions, and records management for over two decades. They currently provide services to over 2,500 local governments, including 48 of the nation’s 50 largest cities.

As a result, Granicus is a leader in digital solutions training, strategic planning, innovation and efficiency.

Jurupa Valley staff have worked with the Granicus product for many years (while employed by other agencies) and recommend this product over other solutions.

STAFF RECOMMENDATIONS

Staff recommends that the City Council approve the Agreement with Granicus and appropriate $120,446.70 each year, for three years, fro m the ARPA Fund for Enterprise set up, configuration, training and staff support. These funds are included in the City Council adopted ARPA Expenditure Plan.

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FINANCIAL IMPACT

The terms of the agreement include a three- year contract at a cost of $120,446.70 per year. The total fiscal impact of the three- year contract is $361,340.10. Funding for this project is included in the City Council adopted ARPA Expenditure Plan and available in the City’s ARPA Fund Account 2520.

ALTERNATIVES

1. Discuss and provide alternative direction to City Staff.

2. Continue the matter to receive additional information from Staff and to provide additional time for Council discussion and consideration.

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

408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for
United States Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

Page 1 of 19 ends

Granicus Proposal for Jurupa Valley CA

ORDER DETAILS
Prepared By:

Phone:

Email:

Order #:

Prepared On:

Expires On:

Kevin Stay
[email protected]
Q-211264
08/02/2022
10/31/2022
Currency: USD
Payment Terms:

Period of Performance:

Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
The term of the Agreement will commence on the date this document is signed and will continue for 36 months.

The subscription includes the following domain(s) and subdomain(s):
•https://www.jurupavalley.org/

ORDER TERMS
Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

Page 2 of 19 ends

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Year 1 Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
Government Experience Cloud
(ENTERPRISE) – Set-up & Config Up Front 1 Each $28,950.15 Government Experience Cloud
(ENTERPRISE) – Training Up Front 1 Each $1,833.33
Government Experience Cloud
(ENTERPRISE) Annual 1 Each $ 89,663.22
SUBTOTAL: $120,446.70

FUTURE YEAR PRICING
Solution(s)
Period of Performance
Year 2 Year 3
Government Experience Cloud (ENTERPRISE) –
Set-up & Config $28,950.15 $28,950.15
Government Experience Cloud (ENTERPRISE) –
Training $1,833.33 $1,833.33
Government Experience Cloud (ENTERPRISE) $ 89,663.22 $ 89,663.22 SUBTOTAL: $120,446.70 $120,446.70
Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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PRODUCT DESCRIPTIONS
Government Experience Cloud (ENTERPRISE)
Solution Description
Government Experience Cloud
(ENTERPRISE)
Government Experience Cloud is a purpose-built software-as-a-service (SaaS) solution that helps local government transform the resident experience to better connect, engage, and serve constituents by increasing workflow efficiencies and maximizing existing technology investments, such as integrations into traditional back-office enterprise solutions.

Peak Agenda Management Peak Agenda Management is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the agenda management and minutes recording process of the clerk’s office. Peak Agenda Management allows clerks to streamline the way they compile and produce agendas and record minutes for public meetings and includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Access to up to one (1) Peak Agenda Management site
Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
Communications Cloud The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud includes:
• Unlimited email sends with industry-leading delivery and management of all bounces
• Support to upload and migrate existing email lists
• Access to participate in the GovDelivery Network
• Ability to send mass notifications to multiple devices • 24/7 system monitoring, email and phone support during business hours, auto-response to inbound messages from end users, and emergency support
• Text-to-subscribe functionality
• Up to 2 Web-hosted training sessions annually
• Up to 50 administrators
• Up to 1 GovDelivery account(s)
• Access to a complete archive of all data created by the client for 18 months (rolling)
• Up to 3 hours of message template and integration development • Up to 100 subscription topics
• Up to 100,000 SMS/text messages per year from a shared short code within the United States*
*International numbers are not supported. SMS/text messages not used in the period of performance will not carry over to the following year.

Communications Cloud Tier:
for up to 5000 subscribers.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
OpenForms Team License OpenForms is a digital forms builder specifically designed for Government.

Government services can be complicated, but the experience for the residents accessing them shouldn’t have to be. OpenForms is perfect for the business of government, with capabilities that will help you convert complex, multi-page forms and processes into simple, step-by-step online forms that adjust based on customers responses.

The Team plan enables powerful form building for up to:
• 5 users, 50 published forms.

Key features include:
• Drag and drop form builder
• Display logic and calculations
• Payments
• Insights dashboard
• Form analytics
• Support team access
• Save responses
• Unlimited responses
• Data connections and API access
• Up to: 10GB file uploads, 1,000 web API calls per hour This package does not include premium features such as workflow, workspaces, form versioning or custom documents. For these features, please consider OpenForms Enterprise.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
OpenCities SaaS License The OpenCities platform allows you to launch modern, easy to use websites that evolve to put the needs of your community at the center.

The SaaS License includes:
• All OpenCities out of the box functionality (excluding optional/premium modules priced separately)
• Platform setup and full project management
• Managed cloud hosting via Microsoft AzureGov
• Ongoing security updates
• Ongoing product updates and enhancements
• WCAG AA Accessibility maintained perpetually
• 99.9% up-time guarantee and 24/7 support for Priority 1 issues (per SLA)
• Comprehensive SLA and Support Ticketing system
See subscription agreement for details.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
GXG Information Architecture Updating your website’s Information Architecture (IA) is key to improving the overall user experience. Our IA process involves website data analysis, user research and user testing, and other best-practice methodologies that serve to seamlessly bridge your goals with user needs. This effort will result in a strategic and scalable approach to content priorities, a development of a navigation structure for your new site, and the creation of an actionable implementation strategy for your existing content.

Activities include:
• Kickoff: Align on goals, expectations, timelines, and deliverables • Data Audit: We'll review surveys, Google Analytics, and any other piece of data to get a sense of how the website is currently utilized, what the user priorities are, and how the current content is meeting their needs.
• User engagement: Conduct up to one (1) card sort with up to forty (40) external users OR up to one (1) tree test with up to forty (40) external users
Deliverable:
• Recommendations & Implementation Report. Includes new Information Architecture map, connecting individual pages to their new categories and location in the site tree Assumptions:
• Covers analysis and IA for sites with up to 2,500 URLs. • Three-month period of performance to be completed within the contract period. • Does NOT include a content audit.
• Does NOT include content creation.
• Client sources external users for testing.
• Does NOT include document review.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
GXG Digital Services Academy Digital transformation is more than just creating PDFs as online services. It's about creating a digital experience that starts long before the user gets to the online form.

GXG experience strategists will help your team think about your top services through a user experience lens, focusing on journey mapping, user stories, content improvement, user testing, and smart forms that include workflows and smart logic, learning how to support an improved user experience from the start. The Digital Services Academy lays the foundation for better government websites, empowered teams, and engaged users. Activities include:
• Insights Session. One (1) 30-min virtual meeting prior to the DSA with GXG and client to align on goals, dates, participants, and services. • Services review. Following the Insights Session, GXG will review each service selected to validate workshop feasibility.
• Digital Services Academy. At least one GXG team member will be virtual with your team to facilitate up to three (3), 2.5-hour workshops over the course of one week, on Monday, Wednesday and Friday, for example.

Assumptions:
• Sold as Firm Fixed Price (not Time & Materials).
• Assumes a 1-month level of effort to be completed within the contract period.
• Assumes the client has manual PDFs or use another digital tool. • No more than 20 participants for each session. Each participant should attend all three sessions.
• NOT for clients that mainly use third-party applications for all services.
• NOT for clients that have a centralized content creation model.

Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.

Send Agenda (Peak) Send Agenda is dependent on an active subscription to the relevant govMeetings agenda.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
Peak - Setup & Configuration Setup and Configuration for Peak Agenda Management includes implementation of:
• Up to one (1) meeting body’s Standard Agenda, Cover Page and Minutes report template
• Up to one (1) public view page portal
Peak Online Group Training Online Group Training for Peak Agenda Management allows clients to have up to six (6) users participate in online group sessions with a Granicus trainer and other client users to learn how to use the system.

Communications Cloud - Setup
and Configuration
The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud setup and configuration includes:
• The implementation consultant will be assigned to Recipient during the setup process for up to 90 days
• Unlimited access to Web-based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics
• Up to 2 Web-hosted training sessions that must be used within 180 days of Kickoff
• Up to 5 hours of message template and integration development that must be used within 90 days of Kickoff
Communications Cloud -
Online Training
Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
Communications Cloud
Advanced Package
The Advanced Cloud Module gives government communicators better insight into the needs of citizens and improves their ability to enhance online transactions, promote behavior change through public awareness, and improve citizen engagement. The Advanced Cloud Module adds streamlined marketing capabilities that incorporate greater degrees of audience segmentation, personalization, message testing, and mobile engagement. The Advanced Cloud Module includes:
• Dynamic segmentation around bulletins, engagement, and question (e.g. zip code)
• Canned campaigns for re-engagement and new subscriber onboarding
• Testing: Simple (A/B, 10/10/80)
A subscription for the Advanced Cloud Module is dependent on an active license for the GovDelivery Communications Cloud.

OpenForms License - Setup and
Configuration Package
Setup and configuration of OpenForms Team License (5 users, 50 forms) Training - OpenForms OpenForms training session for up to 20 people.

OpenCities SaaS License -
Setup and configuration
package
Installation and setup of OpenCities SaaS, including an assigned Project Manager during the implementation phase.

OpenCities CMS Design This is a design package tailored for unique city requirements. Requires scoping by implementation.

Training - OpenCities OpenCities training session for up to 20 people, covering one of these topics:

1. Site Admin training

2. Content Publisher Training

3. Power Publisher training
Open Platform - Setup and
Configuration
Setup and configuration for Open Platform
Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
govDelivery for Integrations Send notification bulletins directly to constituents who subscribe to receive updates directly through Granicus (powered by govDelivery). Receive a monthly metrics report delivered via email to show subscriber growth and engagement activity for the past month of bulletin sends, and grow subscribers through access to the Granicus Advanced Network.

Note: govDelivery integrations is dependent on an active subscription to the relevant govMeetings agenda or govAccess CMS solutions.

Advanced Package - Setup
and Configuration
Implementation includes:
• Access to an implementation consultant for up to 90 days • Access to online training documentation around advanced account functions and capabilities
• Up to 2 Web-hosted training sessions within 180 days of kickoff • Up to 5 hours of message template and integration development within 90 days of kickoff
The implementation process takes four to six weeks, on average, depending on the availability of stakeholders and/or current GovDelivery Communications Cloud experience.

Advanced Package - Online
Training
Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

Page 12 of 19 ends

Government Experience Cloud (ENTERPRISE)
Solution Description
VoteCast Standard Package
(Tablet) (ME)
VoteCast is a hybrid Software-as-a-Service (SaaS) and Hardware-as-a- Service (HaaS) solution that enables government organizations to streamline the meeting process for both the clerk's office as well as elected officials. By leveraging this solution, the client will be able to automate meeting data capture and display – improving accuracy and keeping all attendees informed of meeting proceedings. Available on a variety of hardware as well as the iLegislate platform, elected officials can use their touchscreens or tablets to motion, second, vote, and request to speak. This data automatically populates to the clerk software (LiveManager) ensuring accuracy and reducing workload. As action items occur during the meeting, TVs or projectors hooked up to VoteCast Display will automatically show the current agenda item, motion on the floor, vote result, and speaker timer as well as speaker name. VoteCast includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Access to one Granicus platform site
• Access to the VoteCast software application for elected officials • Access to the VoteCast Display software application to output meeting proceedings to TVs or projectors in the meeting room AzureAD Connector License OpenCities integrates with your Microsoft Active Directories (via AzureAD not on-prem), giving staff the convenience of a single sign-on experience and automatically mapping the appropriate roles and permissions in OpenCities to relevant AD users.

For your OpenCities intranet, the Azure AD connector powers your staff directory and organisation chart to ensure they are dynamically updated on a regular basis.

This may be used for your web, intranet and subsites.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
Engagement HQ Connector
License
It's all about your community and their engagement.

Connect and enable residents to shape and influence decisions in their neighbourhoods more effectively than ever. Together we make this possible by joining the EngagementHQ and OpenCities platforms together as smart, automated and invisible tech.

1. Increase the volume of participation in projects by leveraging the discoverability engine of OpenCities to increase awareness of engagements to site visitors

2. Widen the diversity of input into projects by inviting a wider range of people to get involved

3. Save time by eliminating double handling and avoiding the need to manually cross promote projects between your engagement site and website
OpenCities Imperva Security
License - Services Setup and
Configuration Package
Setup and configuration of OpenCities Imperva Security License Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
OpenCities Content Migration Content Migration Delivery: Once we have agreed upon a strategy and a timeline, our team of migrators will work to deliver your project by the designated deadline. At the end, you will receive:
• Access to the system with all agreed pages moved over • A recap document that details anything your team should know about what we migrated as well as recommendations
Client Responsibilities:
• Completion of an AIM Spreadsheet (provided by OpenCities) listing all pages in hierarchical order classified as either Archive, Improve or Migrate (or purchase the Content Rationalization package add on)
• Identify individual or team with the ability to clarify questions and promptly make decisions about migration questions
• Provide a desired folder structure for files (if contracted) What’s IN scope?
• Content managed within your current CMS
• Documents/images (if contracted)
What’s NOT in scope?
• Anything within an iFrame or embedded HTML content
• Dynamic content pulled from other systems
• Content not managed within CMS
• JavaScript, CSS, or other custom code
• Interactive web forms and/or single page applications • Written content within image/diagram
• Content contained inside a PDF file
• Documents and images on pages marked “Archive"
Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

Page 15 of 19 ends

Government Experience Cloud (ENTERPRISE)
Solution Description
Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware- as-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Unlimited storage of minutes documents
• Access to the LiveManager software application for recording information during meetings
• Access to the Word Add-in software component for minutes formatting in MS Word if desired
• Up to one (1) MS Word minutes template (additional templates can be purchased if needed)
VoteCast - Online Training Virtual training session with a. Granicus professional services trainer VoteCast Display CPU (Dell)
(ME)
Dell CPU hardware for VoteCast Display that outputs meeting information like current agenda item or vote results to displays in the meeting room such as TVs or projectors.
iLegislate Voting - Setup and
Configuration
Setup and configuration of iLegislate Voting
AzureAD Connector - Services
Setup and Configuration
Package
Set up and configuration of AzureAD Connector
Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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Government Experience Cloud (ENTERPRISE)
Solution Description
Meeting Efficiency - Setup &
Configuration (Standard)
Setup and Configuration for Meeting Efficiency Suite includes implementation of:
• Up to one (1) client Installation of Minutes Maker (compatible client hardware required for software)
• Up to one (1) Minutes report
Minutes - Online Training online training for Minutes, which allows clients to have online sessions with a Granicus trainer to show clerks how to take minutes during a meeting and how to edit and publish them after a meeting.

VoteCast Display - Setup and
Configuration
Implementation includes:
• Access to an implementation consultant until project acceptance • Design service for VoteCast Display template updates
• Access to video-based trainings around standard account functions and capabilities
The implementation process takes four to six weeks, on average, depending on the availability of stakeholders.

US Shipping Charge C - Large
Item
US shipping of a large item

GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
• Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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• Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network.
o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt- in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination.

UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY):
• Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.
• Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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TERMS & CONDITIONS
• Link to Terms: https://granicus.com/legal/licensing
• The attached End User Licensing Agreement must be signed and returned with all necessary order documents. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Jurupa Valley CA to provide applicable exemption certificate(s). • In the event this Agreement is terminate before the end of the initial 60-month term, all fees, including any future year fees, for Government Experience Cloud – Setup & Config and Government Experience Cloud – Training will immediately become due.
• If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-211264 dated 07-06-2022 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• Client will be invoiced for use of any product or service measured or capped by volume or amount of usage that exceeds the permitted amount set forth in this Quote at the same cost or rate set forth herein. • Updates to Shared Short Codes for SMS/Text Messaging:

Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.

Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.
• Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. • Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials.

Order Form
Jurupa Valley CA
Order #: Q-211264
Prepared: 08/02/2022

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BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-211264 dated 08/02/2022 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Jurupa Valley CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\

AGREEMENT FOR THE GOVERNMENT EXPERIENCE CLOUD (ENTERPRISE)

AND IMPLEMENTATION SERVICES WITH GRANICUS

THIS AGREEMENT is made and effective as of October 6, 2022, between the City of Jurupa Valley (“City”) and Granicus, LLC, a Minnesota Limited Liability Company (“Granicus”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on October 6, 2022, and shall remain and continue in effect for 36 months, unless sooner terminated pursuant to the provisions of this Agreement.

2. Services
Granicus shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

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

4. Payment
A. The City agrees to cause Granicus to be paid up front for Government Experience Cloud Set-Up and Configuration and Government Experience Cloud Training fees, and annually for Government Experience Cloud, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A. This amount shall not exceed $120,446.70 annually for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Granicus 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. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Granicus’ fees it shall give written notice to Granicus 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 Granicus at least ten (10) days prior written notice. Upon receipt of said notice, Granicus 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 Granicus 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, Granicus will submit an invoice to the City pursuant to Section 4.

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

B. If the City Manager or his delegate determines that Granicus is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve Granicus with written notice of the default. Granicus 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 Granicus 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. Granicus 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. Granicus 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. Granicus shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing

data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Granicus 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.

Granicus 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 Granicus 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. Granicus 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. Granicus’ 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. Granicus 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 Granicus, 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 Granicus owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If Granicus has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Granicus shall execute a declaration that it has no employees.

d) Professional liability insurance shall be written on a policy form providing professional liability for Granicus.
2) Minimum Limits of Insurance. Granicus shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
c) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of Granicus; products and completed operations of Granicus; premises owned, occupied or used by Granicus; or automobiles owned, leased, hired or borrowed by Granicus. 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, Granicus’ 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 Granicus’ 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) Granicus’ insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified

mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Granicus 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, Granicus shall notify City of such action or proposed action.

D. Verification of Coverage. Granicus 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, Granicus’ insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

10. Independent Contractor
A. Granicus 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 Granicus shall at all times be under Granicus’ exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Granicus or any of Granicus’ officers, employees, or agents except as set forth in this Agreement. Granicus 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.

Granicus 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 Granicus in connection with the performance of this Agreement. Except for the fees paid to Granicus 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 Granicus for injury or sickness arising out of performing services hereunder.

11. Legal Responsibilities
Granicus shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Granicus 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 Granicus to comply with this section.

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

B. Granicus, 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
Granicus 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 Granicus and shall not exceed the costs described in Paragraph 5 of this Agreement.

To City: City of Jurupa Valley
8930 Limonite
Jurupa Valley, CA 92509
Attention: City Manager
To Granicus: Contracts
408 Saint Peter Street, Suite 600
Saint Paul, MN, 55102

B. Licenses. At all times during the term of this Agreement, Granicus 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 Granicus 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, Granicus, or Granicus’ sub-contractors, during his/her tenure or for one year thereafter. Granicus 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 Granicus or Granicus’ sub-Consultants on this project.

Granicus further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

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

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

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

CITY OF JURUPA VALLEY

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

GRANICUS

By:

Name: Kevin Stay
Title: Account Executive
Page | 1
120

STAFF REPORT
DATE: OCTOBER 6, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 16.A

PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT
NO. 22009 (ZCA22009) TO COMPLY WITH SENATE BILL 234 AND

CLASSIFY SMALL AND LARGE FAMILY DAY CARE HOMES AS

PERMITTED USES IN ALL RESIDENTIAL ZONES

RECOMMENDATION
1) That the City Council open the public hearing, and receive any public testimony; and
2) That the City Council conduct a first reading and introduce Ordinance No. 2022- 17, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING TITLE 9 OF THE JURUPA VALLEY MUNICIPAL CODE TO

CLASSIFY SMALL AND LARGE FAMI LY DAY CARE HOM ES AS

PERMITTED USES IN ALL RESIDENTIAL ZONES, A ND MAKING A
FINDING OF EXEMPTION FROM CEQA UNDER 15061 (B) (3) OF THE

CEQA GUIDELINES

BACKGROUND
Senate Bill (“SB”) 234 became effective on January 1, 2020. The law requires the City to treat family day care homes (small and large) as “by-right” residential uses. SB 234 also stipulates the following:
1) Makes void any restriction in a written instrument relating to real property that forbids or restricts the sale, lease or mortgage of a property for use or occupancy as a family day care home;
2) Prohibits a local jurisdiction from imposing a business license, fee, or tax for the privilege of operating a small or large family day care home; and

RETURN TO AGENDA
Page | 2

3) Allows a local public entity to place restrictions on building heigh t, setback or lot dimensions of a family day care home, as long as those standards would apply to other residential uses in the same zone as the family day care home.

On July 7, 2022, the City Council initiated ZCA22009 so that the Community Development Department (CDD) and the City Attorney could evaluate SB 234 and identify specific changes to the Municipal Code necessary to ensure compliance. Since then, a recommended draft ordinance was considered by the Planning Commission during a public hearing on September 14, 2022 . The Planning Commission voted to forward a recommendation for approval of the ordinance to the City Council (see attachment 2).

ANALYSIS
The California Legislature has declared that it is State policy to locate family day care homes for children in residential surroundings to give children a home environment that is conducive to healt hy and safe child development. Since the new law intends to promote such facilities in all residential zones and treats them as if they are residential uses, the City is not allowed to require any kind of discretionary permit (such as a site development permit or conditional use permit). In addition, the City is also prohibited from requiring a business registration or business license. The only permit that could be required would be a building permit if the new day care use were to be located in a new residential unit. The use of lawfully occupied residential dwellings for family day care activities are to be allowed in all residential zones.

The City’s existing zoning code requires a ministerial permit to establish a large family day care home. Section 9.240.320 (Family Day Care Homes) establishes an application process and d etailed development standards. These regulations are inconsistent with the new State law and will be removed with approval of ZCA 22009.

In addition, the proposed ordinance amends the Zoning Code to identify small and large family day homes as “permitted uses” in each residential zone. Specifically, the following zones are proposed to be amended to allow small and large family day care homes as a permitted use: R -R (Rural Residential), R -1 (One Family Dwellings), R -1A (One Family Dwellings - Mountain Resort), R -A (Residential Agricultural), R -2 (Multi-Family Dwellings), R -2A (Limited M ulti-Family Dwellings), R -3 General Residential), R -3A (Village Tourist Residential), R-T (Mobilehome Subdivisions and Mobilehome Parks), R- T-R (Mobilehome Subdivision – Rural), R -4 (Planned Residential), R -5 (Open Area Combining Zone - Residential Developments), SP (Specific Plans) and R-6 (Residential Incentive).

Lastly, the proposed code amendment modifies text pertaining to the definitions of small- and large- family day care homes to conform with the definitions provided by State law.

The intent of SB 234 is to reduce costs of (and improve access to) childcare by treating family day care as residential uses, and by removing barriers to their operation. As such, municipalities are required to allow these uses by right and apply the same development standards established for residential uses for family day care homes.

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ATTACHMENTS

1. Ordinance No. 2022-17

2. Adopted Planning Commission Resolution No. 2022-09-14-04

3. SB 234
ATTACHMENT 1 (Proposed Ordinance)

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ORDINANCE NO. 2022-17

AN ORDINANCE OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA

VALLEY MUNICIPAL CODE TO CLASSIFY SMALL AND

LARGE FAMILY DAY CARE HOMES AS PERMITTED

USES IN ALL RESIDENTIAL ZONES, AND MAKING A

FINDING OF EXEMPTION FROM CEQA UNDER
SECTIONS 15274 AND 15061(B)(3) OF THE CEQA

GUIDELINES

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

Section 1. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the July 7, 2022 regular City Council meeting, the City Council initiated an amendment to the Planning and Zoning Code to make amendments to the code consistent with State law, including revisions to the family day care provisions of the Code (“Ordinance”). (b) On September 14, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the Ordinance, at which time all persons interested in the Ordinanc e had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2022-09-14-04 recommending that the City Council approve the Ordinance.
(c) On October 6, 2022 , the City Council of the City of Jurupa Valley held a duly noticed public hearing on the Ordinance, at which time all persons interested in the Ordinance had the opportunity and did address the City Council on these matters. Following the receipt of public testimony the City Council closed the public hearing and duly considered the written and ora l testimony received.
(d) All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. The Ordinance conforms with the goals, policies, programs and guidelines of elements of the General Plan in that the General Plan is implemented through zoning regulations, adopt4ed standards and other City laws. As required by State law, zoning regulations and related land use policies must be consistent with the General Plan. This ordinance will ensure compliance with State law (Senate Bill 234).

Section 3. Section 9.10.580 (Family day care home.) of Chapter 9.10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text:

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“A home which regularly provides care, protection, and supervision of fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty -four (24) hours per day, while the parents or guardians are away, and includes the following:
(1) Large family day care home: A home that provides family day care for nine (9) to fourteen (14) children, including children under the age of ten (10) years who reside at the home as in compliance with the regulations set forth in Health and Safety Code Section 1597.465 and as defined in regulations.
(2) Small family day care home: A home that provides family day care to eight (8) or fewer children, including children under the age of ten (10) years who reside at the home as in compliance with the regulations set forth in Health and Safety Code Section 1597.44 and as defined in regulations.”
Section 4. Section 9.45.010 (Uses Permitted.) of Chapter 9.45 (R-R Zone (Rural Residential)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 19 to subsection A to read as follows, with all other provisions of Section 9.45.010 remaining unchanged:
“19. Small family day care homes and large family day care homes.” Section 5. Section 9.55.010 (Uses Permitted.) of Chapter 9.55 (R-1. Zone (One (1) Family Dwellings)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 10 to subsection A to read as follows, with all other provisions of Section 9.55.010 remaining unchanged:
“10. Small family day care homes and large family day care homes.” Section 6. Section 9.60.020 (Uses Permitted.) of Chapter 9.60 (R-1A Zone (One (1) Family Dwellings - Mountain Resort) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 1 2 to subsection A to read as follows , with all other provisions of Section 9.60.020 remaining unchanged:
“12. Small family day care homes and large family day care homes.” Section 7. Section 9.65.020 (Uses Permitted.) of Chapter 9.65 (R-A Zone (Residential Agricultural)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 18 to subsection A to read as follows , with all other provisions of Section 9.65.020 remaining unchanged:
“18. Small family day care homes and large family day care homes.” Section 8. Section 9.70.020 (Uses Permitted .) of Chapter 9.70 (R -2 Zone (Multi Family Dwellings )) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 13 to subsection A to re ad as follows , with all other provisions of Section 9.70.020 remaining unchanged:
“13. Small family day care homes and large family day care homes.”

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Section 9. Section 9.75.020 (Uses Permitted .) of Chapter 9.75 (R -2A Zone (Limited Multiple-Family Dwellings)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 12 to subsection A to read as follows, with all other provisions of Section 9.75.020 remaining unchanged:
“12. Small family day care homes and large family day care homes.” Section 10. Section 9.80.020 (Uses Permitted .) of Chapter 9.80 (R -3 Zone ( General Residential)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 29 to subsectio n A to read as follows, with all other provisions of Section 9.80.020 remaining unchanged:
“29. Small family day care homes and large family day care homes. A site development permit shall not be required for small family day care homes and large family day care homes.” Section 11. Section 9.85.020 (Uses Permitted .) of Chapter 9.85 (R -3A Zone (Village Tourist Residential)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municip al Code is hereby amended to add a new number 8 to subsection A to read as follows, with all other provisions of Section 9.85.020 remaining unchanged:
“8. Small family day care homes and large family day care homes.” Section 12. Section 9.90.020 (Uses Permitted.) of Chapter 9.90 (R -T Zone (Mobilehome Subdivisions and Mobilehome Parks)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 5 to subsection A to read as follows, with all other provisions of Section 9.90.020 remaining unchanged:
“5. Small family day care homes and large family day care homes.” Section 13. Section 9.95.020 (Uses Permitted .) of Chapter 9.95 (R -T-R Zone (Mobilehome Subdivision-Rural)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 5 to subsection A to read as follows, with all other provisions of Section 9.95.020 remaining unchanged:
“5. Small family day care homes and large family day care homes.” Section 14. Section 9.100.020 (Uses Permitted.) of Chapter 9.100 (R -4 Zone (Planned Residential)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to read as follows , with additions shown in underlined text and revisions shown in strikethrough text, with all other provisions of Section 9.100.020 remaining unchanged:
“A. One (1) family dwellings, and accessory uses or buildings normally incidental thereto.

B. Multiple-family dwellings, subject to the provisions of Section 9.100.070 and the development standards set forth in Section 9.240.545.

C. Nonprofit community centers, social halls, churches, parks, and community recreation facilities, including, but not limited to, swimming pools, and golf courses and the normal accessory uses thereto.

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D. Community service areas and medical facilities designed primarily for the use of the residents of the subdivision.

E. On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed f ive (5) percent of the surface area of the exterior face of the wall upon which the sign is located.

F. Small family day care homes and large family day care homes.

F. G. The following uses shall be permitted, provided a conditional use permit is granted pursuant to Section 9.240.280(5):
(1) Mobilehome parks, developed pursuant to Section 9.260.020. (2) Alcoholic beverage sales for on -premises consumption in conjunction with golf courses with standard length fairways and country clubs pursuant to the p rovisions of Section

9.240.490.

G. H. The following uses are permitted, provided a site development permit has been approved pursuant to the provisions of Section 9.240.330(3):
(1) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two (2) years in any event.
(2) Child day care center.

H. I. The following uses are permitted, provided a public use permit has been granted pursuant to the provisions of Section 9.240.310(E):

Churches, temples and other places of religious worship.

I. J. Any use that is not specifically listed in subsections F., G. and H. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs the category in which it falls. ”
Section 15. Section 9.105.020 (Uses Permitted) of Chapter 9.105 (R-5 Zone (Open Area Combining Zone - Residential Developments)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 10 to subsection A to read as follows, with all other provisions of Section 9.105.020 remaining unchanged:
“10. Small family day care homes and large family day care homes. A site development permit shall not be required for small family day care homes and large family day care homes.

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Section 16. Section 9.110.020 (Uses Permitted) of Chapter 9.110 (R -6 Zone (Residential Incentive)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to add a new number 10 to subsection A to read as follows , with all other provisions of Section 9.110.020 remaining unchanged:
“10. Small family day care homes and large family day care homes. A site development permit shall not be required for small family day care homes and large family day care homes.” Section 17. Subsection A of Section 9.235.0 30 of Chapter 9.235 SP Zone (Specific Plan) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to read as follows with additions shown in underlined text, with all other provisions of S ection

9.235.030 remaining unchanged:
“A. The following uses may be permitted in the SP Zone, subject to the zoning requirements contained in the adopted specific plan and the procedural requirements of subsection (B) of this section:
(1) Residential uses including single-family and multi-family dwellings. (2) Commercial and office uses.
(3) Manufacturing uses and industrial parks.
(4) Open space, recreation areas, and parks.
(5) Public facilities, including, but not limited to, schools, libraries, government buildings, a nd water and sewer facilities.
(6) Health and community service facilities.
(7) Other uses adopted within the specific plan.
(8) Dry farming and field crops as interim uses.
(9) Uses incidental to the above.
(10) Child day care center.
(11) Small family day care homes and large family day care homes . No permit shall be required for small family day care homes and large family day care homes.” Section 19. Section 9.240.320 (Family day care homes .) of Chapter 9.240 (General Provisions) of Title 9 (Planning and Zoning ) of the Jurupa Valley Municipal Code is hereby amended to read as follows with additions shown in underlined text and deletions shown in strikethrough text:

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“Sec. 9.240.320. Family day care homes.

A. State preemption. Pursuant to the California Child Day Care Facilities Act (Health & Saf. Code Sections 1596.70 et seq. , 1560.90 et seq. and 1597.30 et seq.), the California Legislature has declared that it is the public policy of the State of California to loca te family day care homes for children in normal residential surroundings so as to give children a home environment which is conducive to healthy and safe development. It is the declared public policy of the state to provide children the same environment as would be found in a traditional home. The Legislature has further declared that this policy is a matter of statewide concern with the purpose of occupying the field to the exclusion of local zoning, building and fire codes and regulations governing the us e or occupancy of single -family dwellings and multiple -family dwellings for family day care homes for children except as provided in Health and Safety Code Chapter 3.6 (Health & Saf. Code Section 1597.30 et seq.).

B. Small family day care homes. In accor dance with the above -referenced state policies, the use of a lawfully occupied single -family dwelling as a small family day care home shall be a permitted use in all residential zones and shall not require any permit pursuant to this chapter. Business registration is not required.

C. Large family day care homes . In accordance with the above -referenced state policies, the use of a single-family dwelling or a multi-family dwelling for a large family day care home is permitted in any zone where single -family dwellings or multi -family dwellings are permitted or conditionally permitted provided a large family day care home permit has been granted pursuant to the provisions of this section.

D. Accessory dwelling unit/guest quarter. No accessory dwelling unit or guest quarter may be used as a family day care home.

E. Large family day care home permit procedure. Enacted as part of the above- referenced state policies, Health and Safety Code Section 1597.46 provides that cities and counties shall not prohibit large family day care centers on lots zoned for single -family dwellings, but may require a nondiscretionary permit which shall be granted provided compliance with certain standards, restrictions and requirements is demonstrated. In accordance with Health and Safety Code Section 1597.46, the following procedures shall apply to large family day care home permits.
(1) Application. Every application for a large family day care home permit shall be made in writing to the Planning Department on the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in County Ordinance No. 671 and shall include the following information:
(a) Name and address of the applicant and a statement that the applicant resides in the home where the day care will be conducted.
(b) The assessor's parcel number assigned to the property on which the home is situated (hereinafter, "the site".)

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(c) A site development permit drawn to scale and in sufficient detail to clearly describe the following:
(i) The boundary and physical dimensions of the site. This may be hand drawn provided it is legible.
(ii) The locatio n and dimensions of all existing and proposed buildings, structures, walkways, yards, driveways and parking areas on the site and on the street in front of the site.
(iii) A drawing with accurate dimensions of the sign proposed on the site, if any. (iv) Such additional information as shall be required by the application form. (2) Decision on permit. The Community Development Director shall, within forty-five (45) days of the filing of a complete permit application, approve a large family day care home permit if the approval standards of this chapter have been met; otherwise, the permit shall be denied. The decision of the Community Development Director shall be final. Pursuant to Health and Safety Code Section 1597.46(c), the approval of a large family day care home permit shall not be subject to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.).

F. Approval standards. No application for a large family day care home permit shall be approved unless it complies with the following standards, restrictions and requirements:
(1) The applicant shall obtain a valid state license to operate a large family day care home on the site within one hundred and eighty (180) days of the date of approval of a large family day care home p ermit. Within fourteen (14) days of issuance of the state license, the applicant shall provide a certified copy of the license to the Community Development Director. The Community Development Director shall ensure that the applicant has obtained a state li cense in a timely manner. If the applicant fails to obtain a valid state license to operate a large family day care home on the site or fails to provide a certified copy of the license to Community Development Director as provided above, the large family d ay care home permit shall not become effective and shall be void for all purposes.
(2) The site shall be zoned for single-family dwellings. (3) The site shall provide at least two (2) off -street parking spaces, no more than one (1) of which may be provid ed in a garage or carport. These parking spaces may include spaces provided to meet residential parking requirements. (4) The unloading and loading of vehicle occupants shall only be permitted on the driveway, approved parking area, or directly in front of the site and shall not unduly restrict traffic flow. Residences located on arterial streets shall provide a drop -off and pickup area designed to prevent vehicles from backing into the roadway. (5) The applicant shall comply with all applicable State Fi re Marshal regulations.
(6) The site shall not be located within three hundred (300) feet of any other existing or approved large family day care home, small family day care home, board and care home, group home or halfway house measured property line to property line.

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(7) To ensure the health and safety of children in family day care homes as specified within Health and Safety Code Sections 1597.30 and 1597.46, if the site has a swimming pool or spa, the pool or spa shall meet all current code regulation s for fencing, gate latches, and alarms.
(8) No more than fourteen (14) children, including children under age ten (10) who reside at the home, may be cared for at any large family day care home. (9) Only one (1) large family day care home may be located on any lot. (10) An on -site identification sign may be permitted in accordance with the provisions of this chapter or may be approved with the large family day care home permit if submitted concurrently.

G. Revocation. If the applicant fails to comply with any requirement of this section or if the applicant ceases or suspends operation of the large family day care home for one (1) year or more, the permit may be revoked in accordance with the provisio ns of Section 9.240.340.”
Section 19. California Environmental Quality Act Findings. The proposed Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15274 which states that CEQA does not apply to small and large family day care homes because large family day care homes are exempt from CEQA and the establishment of small family day care homes are ministerial actions not subject to CEQA. The proposed Code Amendment is an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed Code Amendment and the proposed CEQA determinations, and based on its own independent judgment, finds that the Code Amendment set forth in this Ordinance is not subject to the requirements of CEQA pursuant to CEQA Guidelines Sections 15274 and 15061(b)(3).

Section 20. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 21. Effect of Ordinance. This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this Ordinance.

Section 22. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 23. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on the 20th day of October, 2022.

______________________________
Chris Barajas
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-17 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 6th day of Otober, 2022, and thereafter at a regular meeting held on the 20th day of October, 2022, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of October, 2022.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

ATTACHMENT 2 (Adopted Planning Commission Resolution)

ATTACHMENT 3 (SB 234)
Senate Bill No. 234 CHAPTER 244 An act to amend Sections 1596.72, 1596.73, 1596.78, 1597.30, 1597.45, and 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to repeal Section 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and 1597.543 of, the Health and Safety Code, relating to family daycare homes. [Approved by Governor September 5, 2019. Filed with Secretary of State September 5, 2019.] legislative counsel’s digest SB 234, Skinner. Family daycare homes. Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes. Under existing law, a small family daycare home, which may provide care for up to 8 children, is considered a residential use of property for purposes of all local ordinances. Existing law authorizes a city, county, or city and county to either classify a large family daycare home, which may provide care for up to 14 children, as residential use of the property or to provide a process for applying for a permit to use the property as a large family daycare home. This bill would instead require a large family daycare home to be treated as a residential use of property for purposes of all local ordinances. Existing law makes void every provision in a written instrument entered into relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family daycare home for children and every restriction or prohibition in a written instrument as to the use or occupancy of the property as a family daycare home. This bill would also make void an attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home and a restriction related to the use or occupancy of the property as a family daycare home. The bill would prohibit a property owner or manager from refusing to sell or rent, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use to a person because that person is a family daycare provider. The bill would require the department to notify applicants for family daycare home licenses that specified housing discrimination remedies are available to a family daycare home provider, family daycare home provider applicant, or person who is claiming that any of these protections have been denied. 94

Ch. 244 — 2 — Existing law prohibits a local jurisdiction from imposing a business license, fee, or tax for the privilege of operating a small family daycare home. This bill would extend that prohibition to large family daycare homes. Existing law requires the State Fire Marshal to adopt building standards and regulations relating to the fire and life safety systems in family daycare provider homes. This bill would require the State Fire Marshal to update those regulations in the next regulation adoption cycle, and every 3 years thereafter to conform to changes in these provisions. The bill would also require the State Fire Marshal to issue guidance on implementing the provisions prior to the publication of regulations, but not later than January 1, 2021, and would authorize guidance to be issued annually thereafter in years when the specified regulations are not updated. The bill would also make technical and conforming changes. The people of the State of California do enact as follows: SECTION 1. Section 1596.72 of the Health and Safety Code is amended to read: 1596.72. The Legislature finds all of the following: (a) That child daycare facilities can contribute positively to a child’s emotional, cognitive, and educational development. (b) That it is the intent of this state to provide a comprehensive, quality system for licensing child daycare facilities to ensure a quality childcare environment. (c) That this system of licensure requires a special understanding of the unique characteristics and needs of the children served by child daycare facilities. (d) That it is the intent of the Legislature to establish within the State Department of Social Services an organizational structure to separate licensing of child daycare facilities from those facility types administered under Chapter 3 (commencing with Section 1500). (e) That good quality childcare services are an essential service for working parents. (f) California has a tremendous shortage of regulated childcare, and only a small fraction of families who need childcare have it. Parents should be able to support their families without having to sacrifice their child’s well-being. (g) With childcare, families have more options for jobs and education to improve their prospects. Good, affordable childcare gives children a strong start and creates opportunities for families and communities. SEC. 2. Section 1596.73 of the Health and Safety Code is amended to read: 1596.73. The purposes of this act are to: 94 — 3 — Ch. 244 (a) Streamline the administration of childcare licensing and thereby increase the efficiency and effectiveness of this system. (b) Encourage the development of licensing staff with knowledge and understanding of children and childcare needs. (c) Provide providers of childcare with technical assistance about licensing requirements. (d) Enhance consumer awareness of licensing requirements and the benefits of licensed childcare. (e) Recognize that affordable, quality licensed childcare is critical to the well-being of parents and children in this state. (f) Promote the development and expansion of regulated childcare. SEC. 3. Section 1596.78 of the Health and Safety Code is amended to read: 1596.78. (a) “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. (b) “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations. (c) “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations. (d) A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned. SEC. 4. Section 1597.30 of the Health and Safety Code is amended to read: 1597.30. The Legislature finds and declares all of the following: (a) The Legislature has a responsibility to ensure the health and safety of children in family homes that provide daycare. (b) There is an extreme shortage of regulated family daycare homes in California, and the number has decreased significantly since 2008. (c) There continues to be a growing need for child daycare facilities due to the increased number of working parents. Parents need childcare so they can work and attend school, and so their children can thrive. (d) Many parents prefer childcare located in their neighborhoods in family homes. (e) There should be a variety of childcare settings, including regulated family daycare homes, as suitable choices for parents. 94 Ch. 244 — 4 — (f) The licensing program to be operated by the state should be cost effective, streamlined, and simple to administer in order to ensure adequate care for children placed in family daycare homes, while not placing undue burdens on the providers. (g) The state should maintain an efficient program of regulating family daycare homes that ensures the provision of adequate protection, supervision, and guidance to children in their homes. (h) The state has a responsibility to promote the development and expansion of regulated family daycare homes to care for children in residential settings. SEC. 5. Section 1597.40 of the Health and Safety Code is repealed. SEC. 6. Section 1597.40 is added to the Health and Safety Code, to read: 1597.40. (a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home. SEC. 7. Section 1597.41 is added to the Health and Safety Code, to read: 1597.41. (a) Every provision in a written instrument relating to real property that purports to restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family daycare home is void, and every restriction in that written instrument as to the use or occupancy of the property as a family daycare home is void. (b) An attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home is void. A restriction related to the use or occupancy of the property as a family daycare home is void. A property owner or manager shall not refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use to a person because that person is a family daycare provider. (c) Except as provided in subdivision (d), a restriction, whether by way of covenant, contract, condition upon use or occupancy, or by transfer of title to real property, that restricts directly or indirectly limits the acquisition, use, or occupancy of a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered 94 — 5 — Ch. 244 multifamily dwelling in which the underlying zoning allows for residential use as a family daycare home is void. (d) (1) A prospective family daycare home provider who resides in a rental property shall provide 30 days’ written notice to the landlord or owner of the rental property prior to the commencement of operation of the family daycare home. (2) A family daycare home provider who has relocated an existing licensed family daycare home program to a rental property on or after January 1, 1997, may provide less than 30 days’ written notice when the department approves the operation of the new location of the family daycare home in less than 30 days, or the home is licensed in less than 30 days, so that service to the children served in the former location not be interrupted. (3) A family daycare home provider in operation on rental or leased property as of January 1, 1997, shall notify the landlord or property owner in writing at the time of the annual license fee renewal, or by March 31, 1997, whichever occurs later. (4) Notwithstanding any other law, upon commencement of, or knowledge of, the operation of a family daycare home on an individual’s property, the landlord or property owner may require the family daycare home provider to pay an increased security deposit for operation of the family daycare home. The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family daycare homes. The total security deposit charged shall not exceed the maximum allowable under existing law. (5) Section 1596.890 does not apply to this subdivision. (e) During the license application process for a small or large family daycare home, the department shall notify the applicant that the remedies and procedures in Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code relating to fair housing are available to family daycare home providers, family daycare home provider applicants, and individuals who claim that any of the protections provided by this section or Section 1597.40, 1597.42, 1597.43, 1597.45, 1597.455, or 1597.46 have been denied. (f) For the purpose of this section, “restriction” means a restriction imposed orally, in writing, or by conduct and includes prohibition. (g) This section does not alter the existing rights of landlords and tenants with respect to addressing and resolving issues related to noise, lease violations, nuisances, or conflicts between landlords and tenants. SEC. 8. Section 1597.42 is added to the Health and Safety Code, to read: 1597.42. The use of a home as a family daycare home, operated under the standards of state law, in a residentially zoned area shall be considered a residential use of property for the purposes of all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the underlying residential use. SEC. 9. Section 1597.45 of the Health and Safety Code is amended to read: 94 Ch. 244 — 6 — 1597.45. (a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances. (b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. (c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes. (d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter. (f) For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. SEC. 10. Section 1597.455 is added to the Health and Safety Code, to read: 1597.455. (a) A small family daycare home shall not be subject to Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12, except that a small family daycare home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal. (b) A small family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. SEC. 11. Section 1597.46 of the Health and Safety Code is repealed. 94 — 7 — Ch. 244 SEC. 12. Section 1597.46 is added to the Health and Safety Code, to read: 1597.46. (a) A large family daycare home shall abide by all standards, in addition to the requirements of the State Uniform Building Standards Code, that are specifically designed to promote fire and life safety in large family daycare homes. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in family daycare homes, which shall be published in Title 24 of the California Code of Regulations. These standards shall apply uniformly throughout the state and shall include, but not be limited to, all of the following: (1) The requirement that a large family daycare home contain a fire extinguisher or smoke detector device, or both, that meets childcare standards established by the State Fire Marshal. (2) Specification as to the number of required exits from the home. (3) Specification as to the floor or floors on which childcare may be provided and the number of required exits on each floor. (b) A large family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. (c) Enforcement of this section shall be in accordance with Sections 13145 and 13146. A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulation relating to the subject of fire and life safety in large family daycare homes that is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to all residences with the same zoning designation in which childcare is provided. SEC. 13. Section 1597.47 of the Health and Safety Code is repealed. SEC. 14. Section 1597.54 of the Health and Safety Code is amended to read: 1597.54. (a) All family daycare homes for children, shall apply for a license under this chapter, except that any home that, on June 28, 1981, had a valid and unexpired license to operate as a family daycare home for children under other provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license, at which time a new license may be issued upon fulfilling the requirements of this chapter. (b) An applicant for licensure as a family daycare home for children shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following: (1) A brief statement confirming that the applicant is financially secure to operate a family daycare home for children. The department shall not require any other specific or detailed financial disclosure. (2) (A) Evidence that the small family daycare home contains a fire extinguisher or smoke detector device, or both, that meets standards established by the State Fire Marshal under Section 1597.455, or evidence 94 Ch. 244 — 8 — that the large family daycare home meets the standards established by the State Fire Marshal under subdivision (a) of Section 1597.46. (B) Evidence satisfactory to the department that there is a fire escape and disaster plan for the facility and that fire drills and disaster drills will be conducted at least once every six months. The documentation of these drills shall be maintained at the facility on a form prepared by the department and shall include the date and time of the drills. (3) The fingerprints of any applicant of a family daycare home license, and any other adult, as required under subdivision (b) of Section 1596.871. (4) Evidence of a current tuberculosis clearance, as defined in regulations that the department shall adopt, for any adult in the home during the time that children are under care. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525. (5) Commencing September 1, 2016, evidence of current immunity or exemption from immunity, as described in Section 1597.622, for the applicant and any other person who provides care and supervision to the children. (6) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4 (commencing with Section 1596.70) and the regulations adopted pursuant to those chapters. (7) Evidence satisfactory to the department that the applicant and all other persons residing in the home are of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references. (8) Other information as required by the department for the proper administration and enforcement of the act. (c) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both. SEC. 15. Section 1597.543 of the Health and Safety Code is repealed. SEC. 16. Section 1597.543 is added to the Health and Safety Code, to read: 1597.543. (a) The State Fire Marshal shall update the building and fire standards necessary to implement the sections of this chapter relating to life and fire safety, including, but not limited to, Sections 1597.455 and 1597.46, and shall publish the updates in the California Code of Regulations (CCR) in the next Title 19 and Title 24 CCR adoption cycle. (b) Prior to the publication of the updates required by subdivision (a), but not later than January 1, 2021, the State Fire Marshal shall issue guidance on implementing the sections listed in subdivision (a). (c) The State Fire Marshal shall update the regulations at least every three years to conform to changes in this chapter. The State Fire Marshal 94 — 9 — Ch. 244 may issue guidance on implementing this chapter annually in the years in which the regulations are not updated in Title 19 and Title 24 of the CCR. O 94

Jurupa Valley City CouncilOctober 6, 2022

Jurupa Valley City Council
October 6, 2022