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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, October 20, 2022
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
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
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
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 spea k 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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4. APPROVAL OF AGENDA
5. PRESENTATIONS
6. PUBLIC APPEARANCE/COMMENTS
7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION & FINANCE
COMMITTEE MEETING OF OCTOBER 12, 2022
2. UPDATE ON THE WESTER N COMMUNITY ENERGY J OINT
MEETING OF THE BOARD OF DIRECTORS AND TE CHNICAL
ADVISORY COMMITTEE MEETING OF OCTOBER 12, 2022
B. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE RIVERS IDE COUNTY TRANSPORT ATION
COMMISSION MEETING OF OCTOBER 12, 2022
2. UPDATE ON THE NORTHWEST TRANSPORTA TION NOW
COALITION MEETING OF OCTOBER 13, 2022
3. UPDATE ON THE METROL INK / SOUTHERN CALIF ORNIA
REGIONAL RAIL AUTHOR ITY – AUDIT AND FINA NCE
COMMITTEE MEETING OF OCTOBER 14, 2022
4. UPDATE ON THE MOBILE SOURCE AIR POLLUTION ANNUAL
WORKSHOP OF OCTOBER 20, 2022
Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.
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C. COUNCIL MEMBER GUILLERMO SILVA
1. UPDATE ON THE NORTHW EST MOSQUITO AND VEC TOR
CONTROL DISTRICT MEETING OF OCTOBER 20, 2022
9. CITY MANAGER’S UPDATE
10. SHERIFF’S DEPARTMENT UPDATE
Requested Action: That the City Council receive and file the report.
11. APPROVAL OF MINUTES
A. OCTOBER 6, 2022 REGULAR MEETING
12. 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. ORDINANCE NO 2022-17
Requested Action: That the City Council conduct a second reading and adopt 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 FAMILY DAY CARE HOMES AS
PERMITTED USES IN ALL RESIDENTIAL ZONES, AND MAKING A
FINDING OF EXEMPTION FROM CEQA UNDER 15061 (B) (3) OF THE
CEQA GUIDELINES
C. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN
WHOLE OR IN PA RT 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 -104, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF THE
CITY COUNCIL TO BE HELD WITH A TELECONFERENCE OPTION
FOR MEMBERS OF THE CITY COUNCIL AND THE PUBLIC DUE TO
THE GOVERNOR’S DECLARATION OF EMERGENCY AND THE CITY
COUNCIL’S DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS
AND DETERMINATIONS REGARDING THE SAME
D. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
DISABILITY ACCESS CONSULTANTS, LLC FOR THE CITY ADA SELF-
EVALUATION AND TRANSITION PLAN
Requested Action: That the City Council approve the agreement between the City of Jurupa Valley and Disability Access Consultants, LLC for the Americans with Disabilities Act Self-evaluation and Transition Plan, for an amount not to exceed $153,130.00 and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.
E. CONSIDERATION OF T HE ADOPTION OF THE NEW CALIFORNIA
BUILDING CODES AND THE CALIFORNIA FIRE CODE AND SETTING
THE PUBLIC HEARING FOR ADOPTION OF THESE CODES FOR
NOVEMBER 17, 2022
1. Requested Action: That the City Council set the public hearing on the adoption of the Building Codes Ordinance and Fire Code Ordinance for November 17, 2022 and direct the City Clerk to publish notice of this public hearing and the proposed adoption of these codes in the manner required by law.
2. That the City Council conduct a first reading and introduce Ordinance No. 2022-18, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, AMENDING CHAPTER 8.05, ADOPTION OF
CONSTRUCTION CODES, TO TITLE 8 OF THE JURUPA
VALLEY MUNICIPAL CODE AND ADOPTING BY REFERENCE
(1) THE 2022 CALIFORNIA BUILDING CODE, (2) THE 2022
CALIFORNIA HISTORICAL BUILDING CODE, (3) THE 2022
CALIFORNIA EXISTING BUILDING CODE, (4) THE 2022
CALIFORNIA MECHANICAL CODE, (5) THE 2022 CALIFORNIA
PLUMBING CODE, (6) THE 2022 CALI FORNIA ELECTRICAL
CODE, (7) THE 2022 CALIFORNIA ENERGY CODE, (8) THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, (9) THE
2022 CALIFORNIA REFERENCE STANDARDS CODE, (10) THE
2022 CALIFORNIA RESIDENTIAL CODE, (11) THE 2021
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INTERNATIONAL PROPERTY MAINTENANCE CODE,
TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS
TO SUCH CODES AND AMENDING CHAPTER 8.10, ADOPTION
OF FIRE CODES, TO TITLE 8 OF THE JURUPA VALLEY
MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2019
EDITION OF THE CALIFORNIA FIRE CODE, TOGETHER WITH
CERTAIN AMENDMENTS AND DELETIONS TO SUCH CODE
F. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CIT Y OF
JURUPA VALLEY AND JURUPA AREA RECREATION AND PARK
DISTRICT TO OPERATE THE EDDIE DEE SMITH SENIOR CENTER
Requested Action: That the City Council approve the First Amendment to the Agreement for Operation of the Eddie Dee Smith Senior Center between the City of Jurupa Valley and Jurupa Area Recreation and Park District 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.
13. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
14. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 1402 (DA1402A1) TO EXTEND THE
TERM OF THE DEVELOPMENT AGREEMENT FOR THE PEDLEY
CROSSING SHOPPING CENTER TO DECEMBER 7, 2029; LOCATION:
SOUTHEAST OF PEDLEY ROAD AND STATE ROUTE 60 (ASSESSORS
PARCEL NUMBERS: 169 -040-027, 169 -070-028, AND 169 -070-029); (APPLICANT: RBE GLENDORA LLC; NJK FAMILY HOLDINGS LLC;
AND SGS FAMILY HOLDINGS LLC)
1. Requested Action: That the City Council open the public hearing, receive any public testimony; and
2. That the City Council conduct a first reading and introduce Ordinance No. 2022-19, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY APPROVING THE “FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF JURUPA VALLEY, A MUNICIPAL CORPORATION
AND RBE GLENDORA LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, NJK FA MILY HOLDINGS LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, AND SGS
FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY (PEDLEY ROAD PROJECT),” AND MAKING
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FINDINGS PURSUANT TO CEQA AND DETERMINATIONS
THAT NO FURTHER CEQA REVIEW IS REQUIRED
B. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT NO. 22008 (ZCA22008) TO COMPLY WITH ASSEMBLY BILL 1851
ALLOWING FOR THE DEVELOPMENT OF RELIGIOUS INSTITUTION
AFFILIATED HOUSING DEVELOPMENTS (RIAHDS) AND PARKING
REDUCTIONS
1. Requested Action: That the City Council ope n the public hearing, and receive any public testimony; and
2. That the City Council conduct a first reading and introduce Ordinance No. 2022-20, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA VALLEY
MUNICIPAL CODE PEDRTAINING TO PARKING
REQUIREMENTS FOR RELIGIOUS INSTITUTION AFFILIATED
HOUSING DEVELOPMENTS, AND MAKING A FINDING OF
EXEMPTION FROM CEQA UNDER 15061 (B) (3) OF THE CEQA
GUIDELINES
15. COUNCIL BUSINESS
A. COUNCIL DIRECTION TO STAFF REGARDING THE DEVELOPMENT OF A $500,000 JURUPA VALLEY LIBRARY INVESTMENT PLAN
Requested Action: That the City Council direct staff to work with the County of Riverside Library System to develop a Jurupa Valley Library Investment Plan utilizing $500,000 in funding from library designated Development Impact Fees (DIF).
16. CITY ATTORNEY’S REPORT
17. COUNCIL MEMBER REPORTS AND COMMENTS
18. ADJOURNMENT
Adjourn to the Regular Meeting of November 3, 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.
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Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
AGENDA ITEM NO. 11.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
October 6, 2022
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
Mayor Chris Barajas called the closed session meeting to order at 6:06 p.m.
Council Member Lorena Barajas Bisbee was absent.
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM
There were no public comments regarding the closed session item.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council met 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 Fre eway 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
Assistant C ity Attorney Maricela Marroquin announced that there were no reportable actions taken.
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
RETURN TO AGENDA
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Mayor Chris Barajas called the regular meeting to order at 7:01 p.m. Council Member Lorena Barajas Bisbee was absent.
5. INVOCATION was given by Pastor Kermit R. Perry, 3Ps Christian Ministries.
6. PLEDGE OF ALLEGIANCE was led by Council Member Guillermo Silva.
7. APPROVAL OF AGENDA
A motion was made by Mayor Pro Tem Leslie Altamirano , seconded by Council Member Guillermo Silva, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
The City’s Pet of the Month for October, a 5 month old female pit bull was introduced to the Council. Anyone interested in giving this available pet a home is invited to contact the City’s Animal Control Services Department at https://www.rcdas.org. Her ID # is A1698652.
B. PRESENTATION O F COMMUNITY LAND TRUSTS & AFFORDABLE
HOUSING IN THE SOUTHWEST BY INLAND EQUITY COMMUNITY
LAND TRUST (IECLT)
The City Council receive d a presentation from Associate Director, Jeff Green, regarding the Inland Equity Community Land Trust.
9. PUBLIC APPEARANCE/COMMENTS
The City Clerk read an email from Masaki Mendoza, voicing support of the Inland Equity Community Land Trust as an avenue for more affordable housing.
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Mayor Pro Tem Leslie Altamirano conveyed a Happy Birthday to Council Member Brian Berkson.
Council Member Guillermo Silva announced that Reach Out will sponsor “Dia de los Muertos” on Saturday, October 15 th at Rancho Regional Park from 11:00 am to 8:00 pm.
The event will feature Ballet Folklórico, Aztec dancers, food booths, and art exhibits.
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11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSION
A. MAYOR CHRIS BARAJAS
1. Mayor Chris Barajas gave an update on the Interagency Coordinating Council meeting of September 23, 2022.
B. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority meeting of September 23, 2022.
12. CITY MANAGER’S UPDATE
City Manager Rod Butler thanked Devyn Fisher and Linda Hinojos for their efforts in coordinating the two State of the City events that were held last week. He gave an update on the Citywide Pavement Rehabilitation project. He announced that as part of the City’s ongoing effort to maintain the quality of the City’s roads, the Public Works Department has several street and road repair projects in the planning stages.
13. APPROVAL OF MINUTES
A. SEPTEMBER 15, 2022 REGULAR MEETING
A motion was made by Mayor Pro Tem Leslie Altamirano , seconded by Council Member Guillermo Silva , to approve the Minutes of the September 15, 2022 regular meeting.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
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B. 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
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 in substantial ly 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
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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 maintenance 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 – REMOVED
FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION
Requested Action: 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.
A motion was made by Council Member Brian Berkson , seconded by Mayor Pro Tem Leslie Altamirano, to approve the Consent Calendar.
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
G. AGREEMENT WITH GRANICUS FOR THE PURCHASE AND
INSTALLATION OF GOVERNMENT EXPERIENCE CLOUD
(ENTERPRISE) AND IMPLEMENTATION SERVICES
Council Member Brian Berkson requested that Item 14.G be removed from the Consent Calendar for further discussion.
Devyn Fisher, Management Analyst, provided additional information and responded to Council’s comments.
A motion was made by Council Member Brian Berkson, seconded by Mayor Pro Tem Leslie Altamirano, to 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.
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Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
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
Staff Report presented by Annette Tam, Planning Manager.
Mayor Chris Barajas opened the public hearing and called for any public comments.
There being no further comments, the public hearing was closed.
A motion was made by Council Member Guillermo Silva, seconded by Mayor Pro Tem Leslie Altamirano, to introduce Ordinance No. 2022-17, as amended and entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFO RNIA, 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 15061 (B) (3) OF THE
CEQA GUIDELINES
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: L. Barajas Bisbee
17. COUNCIL BUSINESS
18. CITY ATTORNEY’S REPORT
Assistant City Attorney Maricela Marroquin had no report.
19. COUNCIL MEMBER REPORTS AND COMMENTS
Mayor Pro Tem Leslie Altamirano noted that the new guidelines for day care centers is a result of a bill that Governor Newsom signed and the City must comply with this new state law.
Council Member Guillermo Silva thanked City staff for all their efforts.
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20. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 7:56 p.m.
The next meeting of the Jurupa Valley City Council will be held October 20, 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
AGENDA ITEM NO. 12.B
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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:
RETURN TO AGENDA
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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 t o locate 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 use 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 accordance with the above -referenced state policies, the use of a lawfully occupied single-family dwelling or multi-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
Page | 1
S
TAFF REPORT
DAT
E: OCTOBER 20, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJ
ECT: AGENDA ITEM NO.12.C
REAF
FIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN
WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(e) DURING THE COVID -19
STATE AND LOCAL EMERGENCY
RECO
MMENDATION
1) That the City Council adopt Resolution No. 2022 -104, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF THE CITY
COUNCIL TO BE HELD WITH A TELECONFERENCE OPTION FOR
MEMBERS OF THE CITY COUNCIL AND THE PUBLIC DUE TO THE
GOVERNOR’S DECLARATION OF EMERGENCY AND THE CITY
COUNCIL’S DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
BACKGROUND
At the beginning of the COVID -19 Pandemic, the Governor issued an Executive Order allowing the City Council and other City legislative bodies to conduct their meetings, in whole or in part, by telephone or other electronic means. This Executive Order expired but the Legislature adopted Chapter 165 of 2021 (AB 361) that allows meetings of a legislative body such as the City Council or commissions to be conducted by telephone or other electronic means if certain findings are made concerning an emergency and certain procedures providing for public comment are followed.
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12774-0001\2619973v1.doc
RESOLUTION NO. 2022-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, AUTHORIZING
PUBLIC MEETINGS OF THE CITY COUNCIL TO BE
HELD WITH A T ELECONFERENCE OPTION FOR
MEMBERS OF THE CITY COUNCIL AND THE PUBLIC
DUE TO THE GOVERNOR’S DECLARATION OF
EMERGENCY AND THE CITY COUNCIL’S
DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e ), AND MAKING
FINDINGS AND DETERMINATIONS REGARDING THE
SAME
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find, determine and declare that:
(A) City Council is committed to public access and participation in its meetings and the meetings of all City legislative bodies while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID -19 and to support physical distancing during the COVID-19 pandemic.
(B) All meetings of the City Council and other City legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code, § 54950 et seq.), so that any member of the public may attend, participate, and watch the City Council and other City legislative bodies conduct their business.
(C) Pursuant to Chapter 165 of the Statutes of 2021 ( Assembly Bill 361 ) legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:
1) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. -2-
12774-0001\2619973v1.doc
(d) The Centers for Disease Control and Prevention c ontinue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than six feet apart from others for longer periods of time;
(e) Due to the ongoing COVID -19 pandemic and th e need to promote social distancing to reduce the likelihood of exposure to COVID -19, the City Council intend s to hold public meetings with an option for members of those bodies and the public to attend by teleconference pursuant to Government Code Section 54953(e) based on the following findings:
1) The declared emergency is still in effect. On March 4, 2020, the Governor declared a State of Emergency in California related to the COVID -19 pandemic (the “Emergency”) and this State of Emergency has not been re pealed. On March 20, 2020, the City Council adopted Resolution No. 2020-10 declaring a Local Emergency related to the COVID -19 Pandemic, which Local Emergency has been reaffirmed since that time, including the adoption of Resolution No. 2022-07 on January 20, 2022.
2) California State Department of Public Health and Riverside County have each recommended measures to promote social distancing. Thus, the California Division of Occupational Safety and Health still requires that employers provide for physical and social distancing in the workplace. Additionally, the Riverside County Department of Public Health still encourages people at risk for severe illness or death from COVID -19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing. 3) The City Council reaffirms the findings made in Res olution No. 2022-08 adopted on January 20, 2022. Staff will also present these findings on a monthly basis in the manner provided by Government Code Section 54953(e) thereafter should the above - mentioned conditions continue.
Section 2. The City Council will continue to hold in person public meetings during the Emergency with required social distancing to the extent practicable. The City Council shall have the option to conduct their meetings in whole or in part via teleconferencing pursuant to Government Code Section 54953(e).
Section 3. Staff is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act.
Section 4. The City Council will reconsider the above findings within thirty days of adoption of this Resolution.
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12774-0001\2619973v1.doc
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 20th day of October, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
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12774-0001\2619973v1.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko , City Clerk of the City of Jurupa Valley, do hereby cert ify that the foregoing Resolution No. 2022-104 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th 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 20th day of October, 2022.
___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
120
S
TAFF REPORT
DATE: OCTOBER 20, 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. 12.D
AG
REEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
DISABILITY ACCESS CONSULTANTS, LLC FOR THE CITY ADA SELF-
EVALUATION AND TRANSITION PLAN
RECOMMENDATION
1) That the City Council approve the agreement between the City of Jurupa Valley and Disability Access Consultants, LLC, for the Americans with Disabilities Act Self-evaluation and Transition Plan, for an amount not to exceed $153,130.00 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 Americans with Disabilities Act (“ADA”) of 1990 provides protections and rights for individuals with disabilities. As a public entity, the City is responsible for ensuring that all individuals have access to services, programs, and activities. All federal, state and local governmental agencies must provide pedestrian access for persons with disabilities in compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the ADA.
The US Department of Justice (DOJ) is responsible for the enforcement of Title II of the ADA and in California, Caltrans is designated as the agency responsible for compliance of the public right -of-way transportation facilities. Caltrans is required to perform an annual audit of a few randomly selected local agencies on ADA compliance and report to FHWA. The City of Jurupa Valley submitted an Annual Certification Form to Caltrans and the latest submission identified the need for the City to complete an ADA Self-Evaluation and an ADA Transition Plan to meet compliance.
City staff published a Request for Proposals (“RFP”) on April 5, 2022, for ADA consultant services. The RFP was published on the City’s PlanetBids portal, a web- based
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Page | 2
procurement system. The scope of work includes performing a self-evaluation, which is used to identify any physical barriers limiting accessibility to City-owned facilities and the public rights of way. This includes a field survey of all City buildings and a comprehensive sidewalk and ADA curb ramp inventory as a result. The City currently has four buildings, 320 centerline miles and over 90 signals which will be included in the survey. The consultant will compile all field survey data in a web-based system, including compliance information, and provide a GIS layer for long-term asset management. Following the self- evaluation, the consultant will provide the City with a transition plan that will provide recommendations for improving accessibility throughout the City. These recommendations will be used by staff to program future CIP and maintenance projects.
ANALYSIS
The City received three proposals from the following (in alphabetical order). • Bureau Veritas Technical Assessments, LLC. – Owing Mills, Maryland • Disability Access Consultants, LLC. – Oroville, California • Sally Swanson Architects, Inc. – Burbank, California
Agreements for professional services are awarded by the City Council on the basis of the demonstrated competence, qualification, and on the fairness and reasonableness of the cost of services to the City, and shall not be awarded solely on the basis of cost.
Staff members reviewed the proposals per guidelines stated in the RFP and held informal interviews. After reviewing proposals and conducting interviews, Staff determined that Disability Access Consultants, LLC (“DAC), was the best -suited firm to provide the services. Staff negotiated the fees with DAC for the services to be performed. DAC is well versed in federal and state ADA compliance regulations with over 20 years of experience.
DAC has provided similar services to the cities of San Juan Capistrano, Fullerton, and Fountain Valley.
FINANCIAL IMPACT
The Agreement has a not-to-exceed amount of $153,130.00 over the Agreement term. If approved, the services will be funded through the American Rescue Plan Act (ARPA).
ALTERNATIVES
1) Do not approve the agreement
2) Provide alternative direction to staff
************************** SIGNATURES ON FOLLOWING PAGE **************************
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AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND DISABILITY ACCESS CONSULTANTS, LLC. FOR AMERICANS
WITH DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN
THIS AGREEMENT is made and effective as of October 20, 2022, between the City of Jurupa Valley (“City”) and Disability Access Consultants, a Limited Liability Company (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on October 24, 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 23, 2024, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. Performance
Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Fifty-three Thousand One Hundred Thirty Dollars ($153,130.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for -2-
services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees, it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Prevailing Wages
A. Consultant shall pay prevailing wages to the extent required by and in accordance with the requirements of Labor Code Sections 1720 et. seq. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or -3-
sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.
B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.
8. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. -4-
9. Indemnification
A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub-consultants, or agents in the performance or its professional services under this Agreement.
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault as set forth in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Paragraph 9.A. above, but subject to the limitations of Section 2 of this Agreement, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section 9.B. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
10. Insurance Requirements
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no -5-
automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- -6-
insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
11. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. -7-
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
13. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
14. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
15. General Provisions
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. -8-
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 Consultant: Disability Access Consultants, LLC.
2862 Olive Highway, Suite D.
Oroville, CA 95966
Attention: Tim Mahoney, General Manager
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. -9-
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Rod Butler
City Manager
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
DISABILITY ACCESS CONSULTANTS, LLC.
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
Consultant will perform an initial cursory audit and KML mapping of the City’s streets to determine the location and estimated amount of linear sidewalk miles that the City has in its inventory.
Consultant will complete a self-evaluation, which will identify any physical barriers limiting accessibility to and from City buildings and facilities. Consultant will also prepare a transition plan, which will include recommendations for removing identified barrier and complying with accessibility requirements as mandated by the Americans with Disabilities Act and State of California access codes. The transition plan will provide the basis for prioritizing, budgeting, implementing, and monitoring barrier removal.
Work shall be performed in accordance with Consultant’s proposal dated May 3, 2022.
Request for Proposals
Professional Consulting Services for
Americans with Disabilities Act (ADA)
Self‐evaluation and Transition Plan
RFP: 2022‐02
May 3, 2022
Disability Access Consultants
2862 Olive Highway, Suite D
Oroville, CA 95966
Table of Contents
COVER LETTER............................................................................................................................................................ II COMPANY PROFILE .................................................................................................................................................... 1 PROJECT TEAM .......................................................................................................................................................... 1 STATEMENT OF QUALIFICATIONS ............................................................................................................................... 4 PROJECT UNDERSTANDING, APPROACH AND SCOPE OF WORK PROGRAM ................................................................. 8 SCOPE OF WORK PROGRAM...................................................................................................................................... 13 PROJECT SCHEDULE................................................................................................................................................... 16 REFERENCES.............................................................................................................................................................. 17 COST PROPOSAL ....................................................................................................................................................... 20 DAC RATE SHEET ....................................................................................................................................................... 21 SIGNATURE PAGE...................................................................................................................................................... 21 CERTIFICATION OF NON‐COLLUSION ......................................................................................................................... 21 PROPOSED AGREEMENT STATEMENT........................................................................................................................ 21 LICENSES AND CERTIFICATIONS ................................................................................................................................. 22 EVIDENCE OF INSURABILITY ...................................................................................................................................... 23 RESUMES OF KEY STAFF ............................................................................................................................................ 24 BARBARA THORPE, DAC PROJECT MANAGER ....................................................................................................................... 24 MICHAEL BOGA, DAC SENIOR DIRECTOR OF ACCESSIBILITY SERVICES AND HEAD OF QUALITY CONTROL ........................................... 26 SUPPLEMENTAL MATERIALS...................................................................................................................................... 28 DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan i
Cover Letter
Date: May 3, 2022
To: City of Jurupa Valley
Public Works Department
8930 Limonite Avenue
Jurupa Valley, CA 92509
Re: RFP: 2022‐02
Americans with Disabilities (ADA) Self‐evaluation and Transition Plan Firm Information: Disability Access Consultants, LLC (DAC) Headquarters: 2862 Olive Highway, Suite D, Oroville, CA 95966 Project Contacts: Tim Mahoney, General Manager Barbara Thorpe, President tmahoney@dac‐corp.com bthorpe@dac‐copr.com
(800) 743‐7067 (800) 743‐7067
We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant services for an Americans with Disabilities Act (ADA) Self‐evaluation and Transition Plan for the City of Jurupa Valley facilities and public rights‐of‐way.
Disability Access Consultants, LLC (DAC) has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Jurupa Valley.
Founded as a California company in 1998, DAC has provided services for the past 24 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability‐related nondiscrimination laws and regulations.
DAC has conducted over 28,000 building inspections, surveyed thousands of parks and playgrounds, thousands of miles of public rights‐of‐way and performed hundreds of programmatic reviews and self‐evaluations to study the accessibility of programs, services, activities, events and related areas.
DAC has a team of 25 staff, including CASp certified inspectors, dedicated to assisting public entities, such as the City of Jurupa Valley, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and requirement under Title II of the ADA, California Building Code, PROWAG, CAMUTCD, Caltrans and related state accessibility standards.
DAC is currently assisting or has recently completed similar studies for numerous city and county governments similar to the City of Jurupa Valley. Including the City of Anaheim, City of Fullerton, City of Huntington Beach, DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan ii
City of Moreno Valley, City of Loma Linda, Riverside Unified School District, City of Murrieta, City of Lake Elsinore, City of Milpitas, County of San Mateo, City of Fremont, City of Redwood City, City of Fairfield, City of Dublin, City of Livermore, City of Berkeley and the City of San Mateo.
To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed web‐based, Accessibility Management Software called DACTrak. DACTrak is a powerful online tool to manage and update the transition plan, project costs and document progress. Custom reports can be printed in a variety of formats. DACTrak provides a quality finished product for easy and cost‐effective management of the ADA plan.
Thank you for the opportunity to submit this proposal to provide our services to the City. DAC has reviewed Addendums One and Two that have been published to the City’s online procurement system and has incorporated the information into the preparation of our response.
Respectfully submitted by Tim Mahoney, General Manager
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan iii
Company Profile
Type of Legal Entity: Single Member Limited Liability Company (LLC) Size of Company: 25 staff
Location of Office: 2862 Olive Highway, Suite D, Oroville, CA 95966 Controlling Interest: None
DAC Ownership: 100% owned by Irish Knight Holdings, LLC Disability Access Consultants, LLC is headquartered in Oroville California, but also operates offices in Arizona, Carolina, Georgia and Florida to serve our customers nationwide. The services provided to the City of Jurupa Valley would primarily be provided by staff based in our Oroville, California office.
Project Team
DAC has a dedicated team of 25 professionals with backgrounds in administrative leadership roles with public entities, construction and code enforcement. DAC is an equal opportunity employer and our team composition includes minority and veteran representation. The team has worked together on numerous ADA compliance projects with City, County and Town governments and public entities. DAC works with several large Joint Powers Associations (JPA) and insurance pools to assist public entities with ADA compliance.
Barbara Thorpe, M.Ed., LOT
DAC President and Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the Town’s Project Manager or designee. Barbara will serve in the leadership role regarding the ADA self‐evaluation of programs, services, activities and events along with the review of policies and procedures. The public input process will be coordinated by Barbara in collaboration with the Town. Barbara brings 19 years of experience in public entity administration prior to founding DAC in 1998. With an additional 24 years of experience with DAC working with city, town and county governments nationally, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation for accessibility compliance. In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the California Department of Transportation (Caltrans) and the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations.
Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General.
Additionally, Barbara is a licensed occupational therapist. Barbara served on the Division of State Architect Advisory Board and served as the vice‐chair for the DSA Access Compliance Committee. Barbara has successfully spearheaded and completed over 400 public entity self‐evaluation and transition plan projects that are similar the City of Jurupa Valley project.
Michael Boga, B.A. Education, California Certified Access Specialist (CASp #152), ICC Accessibility, Usability and Plans Examiner
Senior Director of Accessibility Services and Quality Control As manager of the production and the field survey teams, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials (ICC), certified in Accessibility, Usability and Plans examination and is a California Certified CASp inspector (# 152). Michael has completed the updated DSA courses regarding the California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements for facilities, parks and public rights‐of‐way. If requested, Michael would provide training, assist with plan reviews and review new construction and renovations completed for compliance. Michael has worked on over 400 projects that are similar to the City of Jurupa Valley ADA Self‐evaluation and Transition Plan project.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 1
Tim Mahoney, B.S.
General Manager
Tim brings twenty‐eight years of executive management experience in consulting, IT, manufacturing and the construction industries. Additionally, Tim has provided program development and management for members of professional associations for twenty years. Tim has also assisted in the design and construction of hundreds of ADA, CPSC and ASTM compliant outdoor recreation areas. As General Manager of DAC, Tim conducts quality assurance project management reviews and helps ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services for public entities, and staff training and development activities for public entities, businesses, and associations.
Candice Pursch, A.S. Building Inspection Technology, ICC Accessibility, Usability and Plans Examiner, Accessibility Trainer
Director of Accessibility Services
Candice’s 17 years of experience with DAC includes accessibility surveys of thousands of public facilities while employed by DAC as an accessibility specialist. Her educational background includes a degree in Building Inspection Technology from Butte College and coursework in Architectural Project Management at California State University with emphasis on construction plans and specifications, construction materials and systems, building codes, construction graphics and architectural design. Candice has completed the updated DSA courses regarding the California Building Code that include CBC Amendments, Plan Review, Accessible Public Housing Regulations, Transient Lodging, Housing and Social Service Enter Establishments. Candice also has International Code Council (ICC) Certification for Accessibility, Usability and Plans Examiner. Candice is a Certified Combination Building Inspector. As a volunteer for Habitat for Humanity, Candice volunteers to help build residential homes. Candice provides oversight of accessibility specialists and quality control.
Srikant Talasila, M.S. Computer and Internet Applications Director, Information Technology
Srikant has worked in DAC’s IT Department for the past 15 years and has a total of 20 years in the field of Information Technology, holding a master’s degree in Computer Science. Srikant is very proficient in numerous software technologies, including but not limited to all modules of .Net, Java, SQL Server and Oracle. Srikant oversees DAC’s entire IT department, including infrastructure and applications, as well as managing and overseeing all stages of the development lifecycle for new software. In addition to maintaining existing software, Srikant also ensures that all necessary software updates and version enhancements are completed.
Srikant also oversees the maintenance of all hardware and verifies that all reported IT related issues are resolved quickly and efficiently.
Jennie Grover, B.A. Corporate Communications
Director of Administrative Services
Jennie has worked in administration for DAC for the past 15 years. Jennie draws on her experience in technical writing to provide leadership and management of the production and technical writing team, organizing the completion of technical reports, as well as managing production schedules, staff and timelines. Jennie also organizes the process and procedure for providing opportunities for public input, as well as collecting and compiling the information received into these self‐evaluation and transition plan. Jennie also provides training and help desk support for DACTrak users.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 2
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Organizational Chart
City of Jurupa Valley
City Contacts
Srikant Talasila
Director of IT
Michael Boga
CASp 152, ICC
Senior Director of Accessibility Services
Candice Pursch, ICC
Director of Accessibility Services
Field Inspectors (4 6)
Jennie Grover
Director of
Administrative Services
Barbara Thorpe
Project Manager
Tim Mahoney
General Manager
Staff Roles and Responsibilities Chart
Title Name Responsibilities
Project Manager Barb Thorpe
Day to day management of project. Meeting organization.
Policy and procedure analysis. Public input, outreach,
planning and deliverables. Development of executive
summary, self‐evaluation and transition plan report
Senior Director of Accessibility
Services & CASp Mike Boga
Quality control and oversight of the field inspections and reports. Technical resource for City. As‐needed accessibility consulting
General Manager Tim Mahoney Contract management, progress reports and communication Director of Administrative
Services Jennie Grover
Project administration. Public input training and tools. Policy, procedure and practices review. Executive summary report research and support. Progress reports and meeting
administration.
Director of Accessibility Services Candice Pursch Quality control of field inspections and reports. Technical resource for City
Accessibility Specialists Various Field inspections of buildings, parks and public rights‐of‐way.
Information Technology
Specialist, if requested Sri Talasila DACTrak support and delivery. Custom reports.
The DAC team has a proven record to provide on‐site services in a collaborative and efficient manner. DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team Leader will oversee the field evaluations and review the collected data. The project team is organized to provide DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 3
a representation of skills needed to accomplish the project objectives. In addition, teams that have worked together previously will be assigned to the City of Jurupa Valley project.
Statement of Qualifications
DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Jurupa Valley. Founded as a woman owned California corporation in 1998, DAC has provided services for the past 24 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, California Manual on Uniform Traffic Control Devices (CAMUTCD), Public Right‐of‐Way Accessibility Guidelines (PROWAG), Caltrans Standards and Specifications, Section 504 and related federal, state and local disability‐related nondiscrimination laws and regulation. DAC has conducted over 28,000 building inspections, surveyed thousands of parks and playgrounds and performed hundreds of programmatic reviews and self‐evaluations to study the accessibility of programs, services, activities, events and related areas. DAC has surveyed over 12,000 miles of public rights‐of‐way.
As our founder, Barbara Thorpe, worked with a public entity for 20 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city and town governments during her work with other municipalities. Barbara and the DAC team members have
demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan.
DAC has a team of 25 staff, with our Facility Team Leader Michael Boga holding CASp Certificate #152, dedicated to assisting public entities, such as the City of Jurupa Valley, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and requirement under Title II of the ADA, California Building Code and related state accessibility standards.
DAC has a reputation to being responsive to the client’s needs, providing on‐time project completion within budgets. DAC has a proven track record for comprehensive experience in conducting ADA self‐evaluations and transition plans, implementation and related services.
Other public entities for which DAC has provided similar services include multiple recreation and park districts, water districts, 15 California fairs, 160 California public school districts, and several large Joint Power Authorities and insurance carriers for groups of public entities.
DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services.
DAC has worked with public entities of all sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 4
assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods.
Over the 24 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record.
DAC provides a full continuum of professional services that include, but are not limited to:
Facility inspections
Self‐evaluations for ADA and Section 504 of the
Rehabilitation Act
Policy review and development
Transition plans
Public rights‐of‐way surveys
Consultation
Accessibility compliance intake and management
software – DACTrak
DACTrak training to conduct your own inspections
Expert witness services
Plan reviews
ADA Plan implementation assistance and consultation
Outdoor developed and recreational areas (pools, parks, trails, camping areas) NPSI playground safety inspections
ADA Playground inspections
DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:
ADA 2010 Standards
California Building Code
ADA‐ABA
UFAS
ANSI
Section 504 of the Rehabilitation Act
Outdoor developed and recreational standards
National Playground Safety Institute (NPSI) standards PROWAG – Federal Public Rights‐of‐way Guidelines
California Manual on Uniform Traffic Control Devices (CAMUTCD) DAC has provided training and consultation to hundreds of public entities and is also the selected consultant of the Plan JPA and California Joint Powers Insurance Authority (CJPIA) to provide regular training sessions to their members. In addition to the JPA members, DAC has provided customized individual training regarding ADA requirements for facilities, public right‐of‐way, policies, special events, grievances and other related Title II topics to many of our public entity clients.
In‐House Abilities and Experience of the Team
DAC was originally established and founded by Barbara Thorpe in 1998 and organized as its current firm type in 2011. Over the past 5 years, DAC has kept a consistent staff size between 22 to 25 full time employees at any time. All staff that hold key and essential positions as described in the organizational chart have been DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 5
employees of DAC for a minimum of eleven years. Please see the length of time the key members of the project team have worked with DAC.
Name Title Years of DAC Service
Barb Thorpe Founder, President 24
Mike Boga Senior Director, Accessibility Services, CASp 24 Jennie Grover Director of Administrative Services 15
Candice Pursch Director of Accessibility Services 17
Srikant Talasila Director of IT 15
Tim Mahoney General Manager 11
In addition, several other staff have been DAC team members for an excess of 5 years. Due to our in‐house capabilities, DAC does not have a need to subcontract with other companies or individuals.
Subcontractors
DAC does not use subcontractors. All staff proposed to provide services to the City of Jurupa Valley are direct employees of DAC, there will be no outside consultants or associates employed to assist on this project. As all staff are direct employees, DAC is able organize team resources that will allow DAC to commit to providing the City with the project deliverables. As such, DAC has the in‐house capability to deliver the project in a comprehensive, timely and cost‐effective manner.
Project Commitment
Over the past 24 years, DAC has maintained its commitment for work being completed on time according to the established project benchmarks while maintaining our quality control standards. Costs are controlled due to our extensive experience, our methodology for data collection and analysis and our quality control procedures. DAC has not exceeded approved costs in any project and has at times completed a project under budget and ahead of schedule.
Our firm stands out in the public entity arena due to proven performance in a wide range of services, from programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel at providing a comprehensive assessment of our clients’ current status by preparing a study of all areas related to accessibility throughout City departments and divisions to document ongoing compliance. DAC has a reputation to being responsive to the client’s needs, providing on‐time project completion within budgets. DAC has a proven track record for conducting comprehensive ADA self‐evaluations and transition plans, as well as providing implementation strategy assistance and related services. Over the 24 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record.
Innovative Tools, Strategies and Best Practices
Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 6
programs, services, activities, events, facilities, parks and public rights‐of‐way. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field.
DACTrak is interactive web‐based software and is not an enhanced Excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software.
Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress. DACTrak is not an Excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City’s ADA plan and provides photographs of as‐is site conditions, which has proved to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.
Value Added Items to Enhance the Project at No Additional Cost or that Provide a Cost Savings To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the accessibility plan, project costs and document progress. Custom reports can be easily prepared, printed and saved in a variety of formats.
DAC includes the following value‐added items through use of the DACTrak software:
Noncompliant findings and recommendations are included in the DACTrak software One or more photographs of each noncompliant finding are included Additional photographs can be viewed of the noncompliant items DACTrak provides a method to schedule and track the barrier removal Documentation of progress and compliance using the progress reporting feature of DACTrak Priorities can be established and further refined using DACTrak DACTrak provides for an organized input method that captures all the information gathered from the site inspections with photographs for each noncompliant finding.
In essence, all of the field information is captured in an online software package and provides for “green” data collection and avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans.
DAC has also found that having usable “software” and not just a database is very important to be able to easily manage and update the transition plan long term.
Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus, other critical issues include:
Software to update and manage your transition plan
The ability to document progress and barrier removal
The ability to print custom reports
The ability to update the plan “automatically” when codes change without re‐inspecting sites The ability to project costs
The ability to add or delete facilities
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 7
DAC’s collection of actual measurements of as‐is conditions and GIS information for public rights‐of‐way is another value‐added item. The collection of an as‐is condition is a valuable asset to allow the user to make an informed decision based on an actual measurement.
For example, if a “yes” or “no” approach is utilized to indicate if an item is compliant, the user may not know what the actual level of noncompliance is and would not be able to set a priority or severity rating. If codes change, the information collected can be reprocessed without the need to re‐inspect, thus providing longevity of the plan and internal capacity of the City in a cost‐effective manner.
Project Understanding, Approach and Scope of Work Program It is understood that the City of Jurupa Valley is requesting a firm with professional experience in accessibility compliance to assist City staff in the self‐evaluation of City facilities, public rights‐of‐ways, programs, services, and activities, as well as develop a transition plan, which includes monitoring and management tools, for keeping in compliance with the Americans with Disabilities Act (ADA), Title 24 of the CBC and other relevant laws and regulations.
The City has provided a scope of six (6) facilities and an estimated 319 centerline miles of streets, that it wants inspected.
DAC has the extensive knowledge and experience with all Federal and State regulations from our 24 years in business, that includes, but is not limited to the ADA up to and including the current 2010 ADA Standards, 28 DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 8
Code of Federal Regulation (CFR) 35, Title 24 California Building Standards Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related Federal and State Standards and Regulations.
The inspections will identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing a schedule for barrier removal over time in a cost effective and realistic manner, using programmatic solutions where available.
To successfully complete the project activities in a timely manner, DAC will work closely and collaboratively with the City of Jurupa Valley without imposing unnecessary interruptions or burdens to staff.
The City did not expressly state that it wanted to complete the required public input process as part of this RFP, however, the City has repeated stated it does wish a comprehensive self‐evaluation. With this in mind, we have included services to complete the required opportunity for public input.
DAC will provide services required to complete the project for the development of the City’s ADA Self‐ Evaluation and Transition Plan. DAC also has suggestions for additional tasks may be included based on our experience in assisting public entities to update their self‐evaluation and transition plans.
In general, the project will be completed in two (2) phases Phase I: Self‐evaluation: to include the survey, review and analysis of facilities, programs, services and activities.
Phase II: Transition plan update: to include collaboration with various stakeholders to review Phase I results, establish priorities and schedules for completion and to reach a consensus for a finished product.
Approach and Scope of Services
To provide the City with the requested services DAC will perform at minimum, the following tasks, recognizing that some tasks will overlap phases:
Phase I: Self Evaluation
1. DAC will meet with designated City staff, to discuss project expectations, survey methodology and a schedule for project deliverables. DAC will take this opportunity to review and clarify any questions related to the project's scope, and to become familiar with important issues and availability of resources. DAC will serve in a project management capacity throughout the project with general direction from the City’s project team.
2. DAC will meet with members of the City’s staff and accessibility team to describe the process, timelines, and expectations associated with both phases of work, as well as to gather any general input they may provide. DAC will also work with the City to coordinate public outreach regarding transition plan process.
3. DAC will suggest monthly or as‐needed progress and update meetings with City staff to ensure City and DAC are meeting project goals and contract objectives.
4. DAC will conduct selected departmental programmatic and policy reviews to determine if potential barriers to participation in City operated or sponsored services and events exist.
5. DAC will create a report of accessibility issues related to programs and policies and meet with the City’s project team to provide suggested changes to achieve compliance.
6. DAC will conduct field surveys of City buildings and facilities listed the Request for Proposal. The surveys will focus on the evaluation of architectural barriers for compliance with both ADA and Title 24 of the CB DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 9
code both in the interior and exterior of City buildings and facilities. The survey will include but not be limited to; path of travel, both in the public right‐of‐way within and around the building and facility, building hallway travel and means of egress, bathroom and break rooms, public assembly areas and signage. The reports will provide an initial recommendation in terms of priority for barrier removal and meeting current ADA and California Building Code compliance.
As required by the ADA, the 2010 ADA Standards will be compared with state codes and the standard that provides the greater level of accessibility utilized. As DAC collects as‐is field conditions and records all information, data can be reprocessed if codes change without conducting a re‐inspection, thus resulting in a significant savings when codes change and the plan needs to be updated. Items and areas in the DAC site surveys may include, but are not limited to the following:
Parking
Parking garages
Curbs
Curb ramps
Entrances
Passenger Loading Zones
Crosswalks
Paths of Travel
Ramps
Handrails
Elevators
Platform Lifts
Stairs
Doors
Door hardware
Telecommunications Devices (TDD/TTY)
Signage‐Permanent and Directional
Visual & Audible Communications and
Alarms
Restrooms
Drinking Fountains
Common use areas
Employee break areas
Meeting and conference rooms
Locker Rooms
Stadiums
Playgrounds and outdoor areas
Areas of Rescue Assistance
Sidewalks
Intersections
Transit stops
Street Furniture
Trails
Recreational areas
Outdoor Developed Areas
7. DAC will conduct field surveys of approximately 319 centerline miles of road and (6) facilities.
8. Due to limited City staff availability, DAC will conduct the field surveys with the intent of requesting as little assistance from City staff as possible. Surveys of facilities that require City staff assistance, such as secure facilities or those that are not generally staffed, will be coordinated through the City’s project team, and scheduled in a way that minimizes the
impact to the regular workloads of the applicable staff members.
9. DAC will compile survey data in our DACTrak
Accessibility Management Software, which is a user
friendly and easily accessible web‐based format.
Reports can be generated in multiple file types,
including Microsoft Excel, PDF, KML and ESRI Shapefile.
10. Survey data for public rights‐of‐way will also include GIS information that is compatible with ESRI ArcMap
and other ArcGIS programs.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 10
The survey reports provided to the City will include the following information at a minimum:
a. Sidewalks: Location description and GIS coordinates of non‐compliant findings, length, width, cross slopes, material, surface condition, location of heavy cracking, uplifting, and obstacles within the sidewalk and driveway crossings.
b. Curb Ramps: Location description and GIS coordinates of non‐compliant findings, type, surface condition, landing, cross slopes, width, truncated domes, and crosswalk connection and alignment. c. Missing Curb Ramps: Location description and GIS coordinates, sidewalk surface condition, type and number of fixed obstacles.
d. Pedestrian Ramps: Location description, GIS coordinates for exterior ramps if available, length, width, landing, cross slopes, and hand railing and condition.
e. Buildings: Measurements and data collected will be processed using both federal ADA and California criteria and data points, and reports will include non‐compliant findings as compared to all applicable codes.
11. DAC will compile the recorded data, and following our multi‐step editing and quality control process, will meet with the City’s project team to review and analyze data gathered from the survey process.
DAC will produce field survey reports, which will be detailed reports that identify the various non‐ compliant elements found. Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City of Jurupa Valley may utilize. To access the reports, DAC will provide the City with a presentation of the DACTrak Accessibility Management software that allows users to generate reports in multiple formats, and to manage and track progress of the City’s updated transition plan.
12. Following the DACTrak presentation, DAC will issue logins the authorized City users. The DACTrak users will be able to review the facility survey report data and offer feedback to DAC. DAC will record all feedback and make appropriate changes as directed by the City.
Phase II: Transition Plan Update
1. DAC will provide the City with access to DACTrak Accessibility Management online software to easily allow the City to review the first draft of the ADA Transition Plan Update (Plan). The first draft will be based on prior research and data collected during the surveys. The reports will include an initial recommendation for priority of barrier removal typically associated with each type of deficiency. Using DACTrak, the City can further refine the priorities using factors such as use and available funding. DAC will work with the City and propose strategies to achieve the recommended goals.
2. DAC will consult with the Accessibility Team to review the draft transition plan document, identify project priorities, and solicit feedback for refining the various components. DAC will incorporate any appropriate comments, suggestions or changes made by the City’s project team into the draft plan.
3. DAC will consult with the Jurupa Valley to review the draft transition plan document, identify project priorities, and solicit feedback for refining the various components. DAC will document all suggestions.
4. DAC can assist the City with proven tools and methods in order to complete its required public outreach efforts.
5. DAC will prepare and produce a second draft of the ADA Transition Plan that is clear, concise, and user‐ friendly. The report will include a detailed description of identified barriers, a method to remove or remediate the barrier, as well as initial prioritization for barrier removal and tools to allow the City to DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 11
manage the barrier removal and transition plan. The Executive Summary document will describe the process that the City took to update the transition plan and include a summary of the public input received.
6. DAC will also provide DACTrak logins to authorized City users so that custom reports can be generated on demand in multiple styles and file formats.
7. DAC will also provide the Executive Summary of the project, which will include an overview of the process, the comments received, participation of various stakeholders, recommendations for continued compliance and the end result. This summary will be provided to the City Commission and may be made available to the public at the City’s discretion.
8. If requested, DAC can present the final draft ADA Transition Plan at a regularly scheduled City Council meeting for discussion and concurrence by the City. It is not required nor recommended that the transition plan be approved or adopted by the City Council. Transition plans are designed to be flexible and adjusted as needed per the City’s
annual budget and projects. If the
transition plan is adopted, projected
dates of completion that are not met
may become problematic.
9. DAC will provide the City with an
electronic database of items contained
in the Facility Survey Report through the
online DACTrak Accessibility
Management Software. Reports
generated in DACTrak may be exported
into the City’s preferred Microsoft Excel
format, as well as PDF. Available maps
will also be provided in KML and ArcGIS
data format (Shapefiles).
Assessments and reports will include a high
degree of detail with photographs, code
references, and cost estimates. The DACTrak software and reports will include additional specifics, such as as‐built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak.
The inclusion of photographs showing the as‐is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA, and Title 24 of the California Building Code.
DAC will provide the City with actual online accessibility management software, not just an electronic database of items contained in the facility survey report. DAC has found that an electronic database does not provide the City with a tool containing integrated photographs needed to implement a barrier removal plan, set priorities, make notes and print custom reports.
DAC will provide the City with DACTrak, a web‐based monitoring, tracking, and management system at project completion. DACTrak allows users to review and update progress in barrier removal, and to generate DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 12
many different styles of reports to document progress. DACTrak allows users to generate electronic versions of transition plan reports in PDF, Excel, KML and ESRI Shapefile formats. Reports may be generated site‐by‐ site, or in multiple facility reports that gives the user the capability to choose several sites to be included in one document or one map file.
DAC will provide advisement to the City on prioritizing barrier removal to allow equal access to all City services, and also advise the City on programmatic options that would provide compliant access to services.
Scope of Work Program
In addition to activities listed in the preceding task summary, activities will also include, but are not limited to the following:
1. Orientation/Project Meeting and Clarification of Project Scope, and Schedule DAC will conduct an initial project kick‐off meeting with selected City of Jurupa Valley staff to establish roles and lines of communication, refine project goals, review the overall project schedule, initiate the schedule for surveys of City of Jurupa Valley’s facilities as needed and identify key City of Jurupa Valley personnel related to the project scope. More specific activities will include:
Information that is needed will be clarified at the initial orientation meeting. The initial meeting will also clarify proposed activities and provide a collaborative framework to discuss project strategies. DAC has found that at least one orientation meeting is needed to prepare a strategic project work plan for a coordinated and seamless effort. The project methodology is generally designed to develop a comprehensive plan without placing additional activities and impact upon City of Jurupa Valley staff. Barbara Thorpe will be designated as the project manager and will also serve as policy and program analyst. She will be the DAC contact for the project and serve as the point of contact for the City of Jurupa Valley.
The CASp designated team member that will coordinate and oversee the inspection team during the facility reviews will be Mike Boga. Mike will be directly involved in the project and field evaluations. Other roles and responsibilities of key team members are indicated in the organizational chart and in the description of the roles and responsibilities.
DAC team members will meet with the designated City of Jurupa Valley staff to discuss the project scope, deliverables currently needed by the City of Jurupa Valley, deliverables that may be needed by the City of Jurupa Valley in the near future, discuss projected schedules and timelines, discuss cost saving methods, and review alternatives for compliance by the City of Jurupa Valley. DAC has some optional cost saving measures for consideration by the City, which include use of the DACTrak tablet to complete inspections or a portion of the inspections. Use of the DACTrak tablet by staff has also proved to be a valuable training activity.
Specific methodologies and data collection will be clarified. Timelines and benchmarks will be developed.
Operational and procedural requirements will be reviewed, such as coordination of schedules, contact information, project dates and other relevant information. DAC staff members wear DAC company embroidered logo shirts and have DAC identification badges. The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the Authority is challenged by litigation.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 13
Project objectives will be clarified and elements that may be unique or of particular importance for the City of Jurupa Valley will be discussed. Items such as community input and staff needs will be confirmed. Hours of operation, schedules and City of Jurupa Valley activities by location will be discussed. Monthly progress meetings times and dates will be discussed and established. Although not requested in the RFP, to provide the required opportunity for public input DAC can assist the City with methods to conduct a public input process. For example, DAC will present a variety of hard copy and online surveys in addition to notices and postings. Based on the individual needs of the City and the current assessment of possible or current litigation, and individualized method will be recommended to the City. Other methods may include staff interviews.
2. Survey Facilities‐Access Compliance Assessment Reports and Software for Transition Plans DAC will survey the City of Jurupa Valley buildings, facilities, parks, parking lots and public rights‐of‐way as listed in the RFP. DAC will discuss the areas that are required to be surveyed at the kick‐off meeting. Identified barriers and obstacles will be prioritized as discussed in the Scope of Work. Use of the DACTrak software will provide the City of Jurupa Valley with an additional tool to reprioritize items depending upon the unique and ongoing needs of the City of Jurupa Valley and public comments during the public input process. Public and nonpublic areas will be identified, if requested. Employee only areas, for example, as usually given a lower priority for barrier removal. Detailed findings, inspection intake records and digital photographs are utilized during the intake process.
Findings are incorporated into the transition/barrier removal plans. Information collected during the survey process is preloaded by DAC into our DACTrak accessibility management software. The DAC accessibility specialists record detailed, as‐is measurements for each accessibility item and element. DAC does not record a “yes” or “no” response. The measurements are recorded into a tablet with the associated photo and are exported daily to the servers for processing in accordance with the applicable federal or state code or standard. Use of a standardized form on a tablet versus a checklist provides greater consistency and accuracy between inspectors. The exports are immediately viewable by our quality control editors and by our CASp team leader. Detailed findings, inspection intake records and digital photos are recorded during the intake process.
Findings are incorporated into the transition/barrier removal plans. Information collected during the survey process is preloaded by DAC into our DACTrak accessibility management software.
Sidewalk, curb ramp and intersection inspections include, but are not limited to:
Sidewalks
Width
Cross Slope
Running slope
Changes in elevation greater than 1/4 inch and changes in elevation that are not bevel ed up to ½ inch
Any obstructions in the sidewalk that obstruct or narrow the path of travel such as protruding objects and items that narrow the required width
Street furniture
GIS information
Photographs
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 14
Signalized Intersections
Crosswalks
Pedestrian ramps‐curb ramps; width, slope, side flares, grooved borders, truncated domes, alignment with the crosswalk
Accessible pedestrian signals
Traffic stop bars
DAC uses a comprehensive approach to inspecting public rights‐of‐way (PROW). In order to conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field.
DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra‐light profilers, do not provide an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than ½ inch, no actual quantifiable information is reported of how much greater the severity. In order to get the actual measurements for the sidewalks, the use of a “profiler” does not provide the measurements needed for items such as vertical clearance and street furniture.
DAC team members will conduct on‐site inspections on our DACTrak pc tablets or slates and export the on‐ site field conditions for processing by our servers the same day of the inspection while located in the City of Jurupa Valley. Thus, the draft report is ready the same day or at the end of the inspection of the particular site.
Historically, cost estimates for remediation are provided to the City by the DACTrak. DAC will continue this methodology. However, over the past year, due to the labor and material pricing volatility, supply chain issues with the COVID‐19 pandemic, and costing fluctuations, DAC has collaborated with its customers directly to review potential adjustments to remediation costing, as needed. It may not be necessary, but DAC wanted to provide the most accurate and current market pricing available.
As an example, if the City has received recent cost estimates for standard nonaccessible items or other construction elements, then the City’s cost is entered into the DACTrak program. DAC can discuss these options in further detail with the City directly.
The on‐site facility team leader conducts a quality assurance review and contacts the field inspector regarding any items in the report that may need further investigation. The on‐site facility team leader completes any necessary edits and the final quality control editor is notified that the report is ready for the final edit.
Quality Control and Performance
The DAC Team is organized and performs under the leadership of the DAC Project Manager with the assistance of DAC support staff. The DAC project manager coordinates activities with the DAC Director of Administrative Services to schedule project activities and provide progress reports. As the point of contact with the City, the DAC project manager provides input and direction to the DAC Team and communicates with the CASp Inspection Team Leader. The DAC accessibility specialists work directly with the DAC CASp Team Leader.
Information is collected using tablets with our DACTrak data collection software. DACTrak itself is a quality control product as it requires the user to collect the required measurements, thus providing greater consistency and reliability. If the required information is not collected for each accessibility requirement, DACTrak prompts the user and requires the information to be filed in before the user conducting the survey DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 15
can continue. Using this method to compile information is one method DAC uses for quality control. An additional method is the review by the project team leader. The project team leader uses the DACTrak accessibility management system to review the data collection from each DAC inspection team on a daily basis.
Strengths of the team include experience in working together on many similar projects, knowledge of the ADA, Section 504 of the Rehabilitation Act and related codes and standards. Several of our team members provide training for city and county governments.
DAC has a long standing and proven track record of on‐time (frequently ahead of schedule) performance and performing services under budget.
Project Schedule
Based on experience with similar projects, it is estimated that the project completion time will be 8 months.
Although the addendum states that this project can be extended to 12‐month agreement, DAC projects that the deliverables for this agreement can be completed in 8 months or less.
Although the City has asked that consultants provide a project Gantt chart, due to space constraints of the width of this page, DAC is offering the following month‐to‐month summary chart of tasks and assignments.
DAC can provide the City with an electronic version of the detailed Gantt chart upon request.
Month
Evaluation Assigned Staff 1 2 3 4 5 6 7 8
Kick‐Off Meeting Barb Thorpe
Facility Inspections Mike Boga / Candice Pursch
PROW Inspections Mike Boga / Candice Pursch
Barb Thorpe / Jennie
Policy, Procedure Review Grover
Public Input
Announcement and Barb Thorpe / Jennie
Window Grover
PHASE I ‐ Self‐
Month
Plan Assigned Staff 1 2 3 4 5 6 7 8
Phase II ‐ Transition
Plan Development /
Implementation Tim Mahoney/Jennie
Strategies Grover
DACTrak Training ‐ 2
Hour Training Jennie Grover
First Draft Self‐Evaluation
/ Transition Plan Barb Thorpe/Jennie Grover
Further Plan
Development Assistance
and Collaboration Jennie Grover/Barb Thorpe
Final Draft Transition
Plan Jennie Grover/Barb Thorpe
City Council Meeting, if
needed Barb Thorpe/Jennie Grover
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 16
References
City of San Juan Capistrano
Sam Penrod, Human Resource and Risk Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Phone: (949) 234‐4565
[email protected]
Project name: ADA Self‐Evaluation and Transition Plan – Phased Approach
DAC conducted an ADA self‐evaluation and transition plan for City buildings, facilities, and parks in phases
DAC has assisted the City to successfully prepare and respond to a Caltrans audit
DAC has assisted with consultation regarding litigation and provided expert witness services DAC has provided plan reviews, assisted the City to conduct an opportunity for public input and also conducted a self‐evaluation of services, policies, programs and practices.
Start Date: August 2018 Completion Date: May 2021
Note: DAC also worked with Sam Penrod when DAC completed the City of San Clemente ADA Self‐ evaluation and Transition Plan.
City of Fullerton
Nick Esposito, Engineer and Juan Zavala, Associate Engineer 303 Commonwealth Avenue
Fullerton, CA 92832
Nick Esposito Phone: (715)‐738‐6851 Email: [email protected] Juan Zavala: Phone: (714) 738‐6322 Email: [email protected] Project name: ADA Self‐Evaluation and Transition Plan
DAC is currently conducting a multi‐year, phased approach project with four (4) phases. Phases include ADA self‐evaluation and transition plan for City buildings, parks and public rights‐of‐way, DAC has assisted the City to complete the public input process DAC has also conducted accessibility review of policies, programs, services and activities will be providing the City with an Executive Summary detailing the results and recommendations.
Start Date: October 2019 Anticipated Completion Date: June 2022 City of Fountain Valley
Temo Galvez, Deputy Director
Public Works/City Engineer
10200 Slater Avenue
Fountain Valley CA 92708
Phone: 714‐593‐4433
[email protected]
Project name: ADA Self‐evaluation and Transition Plan and contract for Multi‐year accessibility consulting DAC conducted an ADA self‐evaluation and transition plan for City buildings, facilities, and parks DAC trained City staff to collect field data for public rights‐of‐way using the DACTrak intake software DAC is assisting the City with consultation regarding accessibility and compliance DAC assisted the City to conduct an opportunity for public input and also conducted a self‐evaluation of services, policies, programs and practices.
Start Date: 2009 Completion Date: On‐going consultation and plan review DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 17
City of Livermore
Julie Chiu, Community Development, Engineering Division 1052 S Livermore Avenue
Livermore, CA 94550
Phone: (408) 500‐5479
Project name: ADA Self‐Evaluation and Transition Plan
• DAC completed an ADA self‐evaluation and transition plan for City buildings, parks and 620 linear miles of public rights‐of‐way. • DAC assisted the City to complete their public input process • DAC conducted the ADA self‐evaluation of programs, services and activities to determine if any may be considered discriminatory for individuals with disabilities and has provide the City with an Executive Summary detailing the results and recommendations.
• The City is currently using DACTrak to implement their transition plan.
Start Date: July 2020 Completion Date: Current project
City of Redwood City
Derek Wolfgram, Library Director
1017 Middlefield Road
Redwood City, CA 94063
Phone: (650) 780‐7060 [email protected]
Project name: ADA Self‐Evaluation and Transition Plan
• DAC has conducted an ADA self‐evaluation and transition plan for City buildings, parks and public rights‐of‐way.
• DAC also assisted the City to complete their public input process and compiled the results of the responses.
• DAC conducted the ADA self‐evaluation of programs, services and activities to determine if any may be considered discriminatory for individuals with disabilities and provided the City with an Executive Summary detailing the results and recommendations. • The City is currently using DACTrak to implement their transition plan.
Start Date: 2019
Completion: On‐going consultation
City of Carlsbad
Ed Garbo, Risk Manager
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: (760) 602‐2471 [email protected]
Project name: ADA Self‐Evaluation and Transition Plan
DAC conducted an ADA self‐evaluation and transition plan for City buildings, facilities, and parks.
DAC has also assisted the City to successfully prepare and respond to a Caltrans audit.
DAC also assisted the City to perform a self‐evaluation of services, policies, programs and practices. DAC is providing ongoing, as needed additional consultation such as plans review. The City is currently using DACTrak to implement their transition plan.
Project completion: 2017
Status: On‐going consultation
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 18
City of San Mateo
Matthew Zucca, PE, ‐ Deputy Director, Public Works
330 W. 20th Ave., San Mateo, CA 94403
Phone: (650) 522‐7300 [email protected]
Project name: ADA Self‐Evaluation and Transition Plan
DAC conducted an ADA self‐evaluation and transition plan for City buildings, facilities, and parks.
DAC also assisted the City to perform a self‐evaluation of services, policies, programs and practices.
DAC is providing ongoing, as needed additional consultation such as plans review and design standards.
The City is currently using DACTrak to implement their transition plan.
Project completion: 2021
Status: DAC provides on‐going consulting
Additional Information
Background Checks
All employees of DAC have background checks. DAC has FBI and DOJ clearances on file for DAC staff. We have conducted studies for school districts, state and local governments, the Federal Government, Judicial Chambers and Correctional Institutions that require background checks.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 19
Licenses and Certifications
DAC is including a copy of Michael Boga’s current CASp Certificate #152 as confirmation that a certified CASp inspector will be overseeing the field staff surveys and reviewing the collected data.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 22
Evidence of Insurability
DAC is providing a specimen certificate of additional insured as verification that DAC’s exiting policies meet or exceed the requirements for insurability from the City.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 23
Resumes of Key Staff
BARBARA THORPE, DAC Project Manager
Americans with Disabilities Act, Section 504 and Related Experience President of Disability Access Consultants, LLC, a woman founded small business with an extensive history of accessibility compliance consulting since 1998 Conducted hundreds of Americans with Disabilities Act Self‐evaluations for public entities, City and County governments, school districts, colleges, universities and outdoor developed areas Provided consultation regarding access to programs, services and activities to public entities and businesses
Conducts quality control audits of projects for compliance with the ADA and Section 504 of the Rehabilitation Act including public rights‐of‐way, facilities and outdoor developed areas Assisted with the development of thousands of transition/barrier removal plans for public entities regarding facilities and public rights‐of‐way
Performed compliance audits for the Department of the Interior Served as an expert witness for the Department of Justice, public entities and other businesses Served on advisory boards for disability issues for public entities Provided consultation to numerous state and local government entities and the federal government regarding ADA and Section 504 compliance
Assisted with ADA implementation plans and consent decrees for public entities Provided staff development activities for public entities, businesses and associations Professional Experience
Occupational Therapist
Teacher for special needs and persons with disabilities Program Staffing Specialist
Administrator for Special Services
Director of Special Education and Student Services
Director of Planning and Compliance
ADA Coordinator, 504 Coordinator and Equity Officer
Accessibility Consultant
Education
Colorado State University, Bachelors of Science ‐ Occupational Therapy University of South Florida, Master’s Degree – Administration and Supervision, Educational Leadership Presentations and Training Sessions
Indiana Parks and Recreation Association – Annual Conference Public Entity Risk Management Authority
City of San Clemente
Minnesota School Board Association
California School Board Association
Association of Defense Counsel of Northern California and Nevada Public Agencies Risk Managers Association
School and College Legal Services
Council of Public Entity Attorneys
California Defense Counsel
McNeese State University, Louisiana
Louisiana Association of Physical Plant Administrators California Council of School Attorneys
San Diego County Office of Education JPA
Tuolumne JPA
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 24
San Mateo County Risk Management Group
North Bay School Insurance Authority
California Association for School Housing
California Association of School Business Officials
Joint Powers Authorities
California School Board Association
School Insurance Authority
California Risk Management Authority
Alameda County Facility Planners
Rental Housing Association
Western Fairs Association
Contra Costa County Office of Education
California Joint Power Insurance Authority
South Orange County Community College District
Publications
ADA Changes: Get a Head Start on Pending Accessibility Guidelines: September 2001‐Maintenance Solutions Magazine
A Gameplan for Access: Strategies and Tactics to help managers develop a successful barrier removal plan for public facilities: March 2003 – Maintenance Solutions Magazine Accessible Toilet Rooms: June 2006 –American Schools & Health Facilities Publication Boards
Served on the California Division of the State Architect State Advisory Board Served as the vice chairperson for the California Division of the State Architect Access Compliance Advisory Committee
Served on the California Division of State Architect Education and Training Committee Other Activities
Currently appointed by the Office of the Independent Monitor regarding Chandra Smith vs. Los Angeles Unified School District Modified Consent Decree Currently appointed as a neutral monitor regarding implementation of a consent decree for a public entity
Currently assisting with the resolution of an ADA complaints for several City and County Governments Currently assisting a public entity to resolve a complaint by the US Department of Justice DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 25
MICHAEL BOGA, DAC Senior Director of Accessibility Services and Head of Quality Control Americans with Disabilities Act and Related Experience
Inspected over two thousand facilities for compliance with federal and state accessibility standards Assisted with the development and implementation of transition/barrier removal plans Provided consultation regarding Title II and Title III accessibility requirements Performed compliance audits for federal agencies
Provided accessibility training activities for public entities and businesses Served as an expert witness for Title II and Title III Provided numerous training sessions and seminars regarding the requirements of state and federal accessibility standards for Title II and Title III
Professional Experience
Contractor
Work Training Program Coordinator
Special Education Teacher
Accessibility Inspector (1998 to Present)
Certifications and Training
Certified Accessibility Specialist (Certificate No. CASp‐152) Certified International Council (ICC)
Accessibility/Usability/Plans Examiner (No. 1108082‐21) Certified National Playground Safety Inspector (NPSI Certificate No. 19394‐0215) Division of State Architect Academy‐Accessibility/Plan Review/Fair Housing Division of the State Architect Academy – 2010 CBC Amendments – Accessibility Division of the State Architect Academy – 2013 CBC Amendments – Accessibility Division of the State Architect Academy – Plan Review – Access (2013 CBC) Division of the State Architect Academy – Accessible Public Housing Regulations Division of the State Architect Academy – Transient Lodging, Housing at a Place of Education and Social Service Center Establishments
Texas Department of Licensing and Regulation Compliance Division ‐ Texas Accessibility Academy Texas Department of Licensing and Regulation Compliance Division – Elimination of Architectural Barriers in the Public Right‐of‐way
Education
St. Leo College, Bachelor of Science –Education
Publications
Articles for Maintenance Solutions Magazine
“Opportunities for Access”, March 2004
“Clearing a Path for Access”, February 2005
Presentations and Training
Educational Entities and Organizations
Alliance of Schools for Cooperative Insurance Programs Schools Insurance Group
Schools Insurance Authority
Tri County Schools Insurance Group
California School Board Association
San Diego County Office of Education JPA
California Council of School Attorneys
Indiana Parks and Recreation Annual Conference
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 26
Tuolumne County Joint Powers Authority
California Association of School Housing
California Association of School Business Officials
School and College Legal Services
Public Entities and Organizations
Public Risk Managers Association
Council of Public Entity Attorneys
California Building Authority
California Joint Powers insurance Authority
Private and Professional Organizations
Southern California AIA
Oroville Chamber of Commerce
Rental Housing Authority
Western Fairs Association of Defense Counsel of Northern California and Nevada California Defense Counsel
Independent Living of Northern California
Other Activities
Currently appointed by the Office of the Independent Monitor regarding Chandra Smith vs. Los Angeles Unified School District Modified Consent Decree Currently appointed as a neutral monitor regarding implementation of a consent decree for a public entity
Currently assisting a public entity with resolution of an ADA complaint Currently assisting a public entity to resolve a complaint by the US Department of Justice DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 27
Supplemental Materials
Sample DACTrak Screen Shots and Information
In addition to information describing our DACTrak software, we are also providing additional sample screen shots generated from the DACTrak Accessibility Management web‐based software program prepared for several public entity clients.
Upon logging in to
the secure DACTrak
website, you are able
to choose the facility
you would like to
view and manage.
This screen shot is an
example of a facility
list for a recent public
entity transition plan
project.
After choosing a
facility, you are
able to use Reports
drop down menu
to choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 28
This screenshot is an example of a finding page in a Basic Photo Report. This type of report shows the user the finding, with accompanying recommendation to correct the non‐compliant item, the associated photo, code reference(s), estimated cost to remove the barrier, and any progress that has been added to update the transition plan.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 29
The Dual Photo and Basic Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre‐formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated by the user. The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the associated picture on the Photos tab.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 30
Reports Sort and Filter Panel
Users are able to customize the report that is generated by making selections in the drop down menus and choice fields.
Single Facility PDF Report Options
DACTrak offers users many different styles of reports to view in a PDF file which can be exported from DACTrak and saved offline for viewing, printing or emailing.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 31
Multi Facility PDF Report Options
In addition to viewing reports for individual facilities, DACTrak offers users the ability to view findings for multiple facilities combined in as single PDF. Users choose which facilities to include from the selection list and are further able to customize the generated report by selecting a Category or Priority setting.
Single Facility Excel Report Options
DACTrak also contains options to export reports to an Excel format, which can be customized using the drop down menus and selection fields. The exported Excel report is a fully functioning workbook which can be further manipulated to suit the needs of the user.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 32
Multi Facility Excel Report Options
Excel reports may also be generated to contain findings for more than one facility by using the Multi Facility Report option in DACTrak. This report is able to be customized using the drop down menus for Categories and Priority. If the user requires a small file size for storage or emailing, the option is available to exclude photos in the generated report.
Map Overlay Report
Aerial map reports of non‐compliant findings can be viewed using the Map Overlay option in DACTrak. This report plots the locations of the findings on a user friendly interactive map. Unique icons are used to symbolize the different types of findings.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 33
Drilled Down View of Map Overlay Report
Each icon in the map overlay report is a clickable link that will expand to a pop up window identifying the finding. The individual finding information may also be printed from this feature.
Summary and Chart Reports
DACTrak also includes options for summary and chart reports to be created for individual or multiple facilities.
The example below is a column chart that summarizes the number of noncompliant records by category for a facility.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 34
Global Progress Editor
Many records are able to be managed and updated with identical information from one screen using the Global Progress Editor. Users choose the records to update and the information that they would like to apply to all chosen records. Once information is entered, the user needs only to click the “Submit” button once to update all chosen records.
Priority Manager
Priority Manger allows users to manage many records on one page, but individually update each record with unique information. Once all selections are made, the user clicks “Submit” to apply all updates.
DAC Proposal to the City of Jurupa Valley for an ADA Self‐evaluation and Transition Plan 35 -12-
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Payment shall not exceed $153,130.00 for the total term of the Agreement. Hourly rates shall remain in effect through the initial term of the Agreement. Schedule of payments shall coincide with Consultant’s cost proposal dated September 19, 2022.
DAC Updated Scope Memo – September 19, 2022 ADA Self-Evaluation and Transition Plan 1 Date: September 19, 2022
To: Octavio Duran, Assistant City Engineer, City of Jurupa Valley From: Tim Mahoney, General Manager, Disability Access Consultants. LLC Re: City of Jurupa Valley: Updated Scope and Budget for ADA Self-Evaluation and Transition Plan
PHASE I NOTES
1. Project Management, Coordination and Meetings: $9,120
2. Total estimated cost for the survey of the following City facilities: $15,740 1) City Hall – Jurupa Valley
2) Eddie D. Smith Senior Center
3) Jurupa Valley Operations Center
4) The Food Pantry
5) Pat Merritt Dog Park
6) Recreation Area
3. Estimated cost for survey of the City’s sidewalk in the public right-of-way: $108,500 1) Step 1: Research sidewalk mileage inventory and KML mapping cost: $18,500 Deliverables:
Review and research of 319 centerline road miles
Documentation of the location and estimated inventory City sidewalks KML map file of location of City sidewalks provided to City Cost of this effort is a not to exceed price of $18,500 2) Step 2: On-site field survey of City sidewalks at a cost of $600/mile: $90,000 (budget estimate) For budgetary purposes, the City provided an initial estimate of 150 linear miles of sidewalk which equates to $90,000 (150 miles x $600/mile= $90,000). If it is determined the actual linear miles of sidewalk is less than 150 miles, DAC will only charge for the actual miles completed. 3) TOTAL: Step 1 ($18,500) + Step 2 (estimated $90,000) = $108,500 Note: Final sidewalk mileage estimate and costs for Step 2 will be mutually agreed upon by City and DAC. All scope and deliverable items presented and detailed in the original RFP response are included in the updated pricing.
4. Review of policies, procedures and programs cost and public input assistance: $6,360 If requested, review of policies, procedures and programs and assistance with public input. This was not expressly requested in RFP, but is a requirement of an ADA self-evaluation and transition plan PHASE I Total: $139,720
PHASE 2 NOTES
1. Plan Development and Executive Summary: $11,290
2. Council Meeting, if requested: $2,120
PHASE II Total (Items 1 and 2): $13,410
DAC Updated Scope Memo – September 19, 2022 ADA Self-Evaluation and Transition Plan 2 _____________________________________________________________________________________
TOTAL PROJECT COST
Phase I:
1. Project Management and Coordination $9,120
2. ADA survey of City facilities $15,740
3. ADA Survey of City PROW
Sidewalk inventory and mapping research $18,500
On-site ADA survey of city sidewalks ($600/mile) $90,000
4. Review of policies, procedures and public input assistance $6,360 Phase II: $13,410
TOTAL Phase I and Phase II: $153,130
_____________________________________________________________________________________ Page | 1
120
S
TAFF REPORT
DATE: OCTOBER 20, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: KEITH CLARKE, CHIEF BUILDING OFFICIAL
SUBJ
ECT: AGENDA ITEM NO. 12.E
CO
NSIDERATION O F THE A DOPTION OF THE NEW CA LIFORNIA
BUILDING CODES AND THE CALIFORNIA FIRE CODE AND SETTING
THE PUBLIC HEARI NG FOR A DOPTION OF TH ESE CODES FOR
NOVEMBER 17, 2022
RECO
MMENDATION
1) That
the City Council set the public hearing on the adoption of the Building Codes Ordinance and Fire Code Ordinance for November 17, 2022 and direct the City Clerk to publish notice of this public hearing and the proposed adoption of these codes in the manner required by law.
2) That
the City Council conduct a first reading and introduce Ordinance No. 2022- 18, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING CHAPTER 8.05, ADOPTION OF CONSTRUCTION CODES, TO TITLE 8 OF THE JURUPA VALLEY MUNICIPAL CODE AND ADOPTING BY REFERENCE (1) THE 2022 CALIFORNIA BUILDING CODE, (2) THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, (3) THE 2022 CALIFORNIA EXISTING BUILDING CODE, (4) THE 2022 CALIFORNIA MECHANICAL CODE, (5) THE 2022 CALIFORNIA PLUMBING CODE, (6) THE 2022 CALIFORNIA ELECTRICAL CODE, (7 ) THE 2022 CALIFORNIA ENERGY CODE, (8) THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, (9) THE 2022 CALIFORNIA REFERENCE STANDARDS CODE, (10) THE 2022 CALIFORNIA RESIDENTIAL CODE, (11) THE 2021 INTERNATIONAL
PROPERTY MAINTENANCE CODE, TOGETHER WITH CERT AIN
AMENDMENTS AND DELETIONS TO SUCH CODES AND AMENDING
CHAPTER 8.10, ADOPTION OF FIRE CODES, TO TITLE 8 OF THE JURUPA VALLEY MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 201 9
RETURN TO AGENDA
Page | 2
EDITION OF THE CALIFORNIA FIRE CODE, TOGETHER WITH CERTAIN
AMENDMENTS AND DELETIONS TO SUCH CODE
DISCUSSION
Building Codes
The California Building Standards Commission recently adopted the 2022 Edition of the California Building Codes, which is also known as the California Code of Regulations, Title 24 (California Code of Regulations, Title 24). The 2022 California Building Codes include the California Building Code, the California Historical Building Code, the California Existing Building Code the California Mechanical Code, California Plumbing Code, the California Electr ical Code, the California Energy Code, the California Green Building Code, the California Reference Standards Code, the California Residential Code and the International Property Maintenance Code. The accompanying ordinance will adopt these Building Codes and bring the City’s building regulations into compliance with the latest codes adopted by the California Building Standards Commission. The 2019 State Building Codes have been in effect in the City since January 1, 2020 and will be su perseded by these new 2022 State Building Codes.
Under State statute, specific referenced model codes must be adopted by the local jurisdictions within 180 days of the publication date of the model codes. The effective date for local enforcement of the new California Building Codes will be January 1, 2023.
Additionally, any modifications made by local agencies to the technical regulations adopted by the California Building Standards Commission may only become effective if the local jurisdiction makes express findings of needs for changes due to local conditions.
Further, these modifications must be directly related to local climatic, geological, or topographical conditions in the form of a Resolution, and must be filed directly with the Building Standards Commission after its adoption.
The 2022 California Building Codes are based on the 2021 edition of the International Building Code, published by the International Code Council (ICC), the 2021 edition of the International Historical Building Code published by ICC, the 2021 edition of the International Existing Building Code published by ICC, the 2021 edition of the International Mechanical Code published by ICC, the 2021 edition of the International Plumbing Code published by ICC, the 2020 edition of the National Electrical Code published by NFPA, the 2021 edition of the International Energy Code published by ICC, the 2021 edition of the International Green Building Code published by ICC, the 2021 edition of the International Reference Standards Code published by ICC, the 2021 edition of the International Residential Code published by ICC and the 2021 edition of the International Property Maintenance Code published by ICC.
It should be noted that the amendments to the administrative provisions and regulations, addressing elements of construction that are not regulated by the California Building
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ORDINANCE NO. 2022-18
AN ORDINANCE OF THE CITY OF JURUPA V ALLEY, CALIFORNIA, AMENDING CHAPTER 8.05, ADOPTION OF CONSTRUCTION CODES,
TO TITLE 8 OF THE JURUPA V ALLEY MUNICIPAL CODE AND
ADOPTING BY REFERENCE (1) THE 2022 CALIFORNIA BUILDING
CODE, (2) THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, (3) THE 2022 CALIFORNIA EXISTING BUILDING CODE, (4) THE 2022 CALIFORNIA MECHANICAL CODE, (5) THE 2022 CALIFORNIA
PLUMBING CODE, (6) THE 2022 CALIFORNIA ELECTRICAL CODE, (7) THE 2022 CALIFORNIA ENERGY CODE, (8) THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, (9) THE 2022 CALIFORNIA
REFERENCE STANDARDS CODE, (10) THE 2022 CALIFORNIA
RESIDENTIAL CODE, (11) THE 2021 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER
WITH CERTAIN AMENDMENTS AND DELETIONS TO SUCH CODES;
AND AMENDING CHAPTER 8.10, ADOPTION OF FIRE CODE, OF TITLE 8 OF THE JURUPA V ALLEY MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE 2022 CALIFORNIA FIRE CODE, TOGETHER WITH
CERTAIN AMENDMENTS AND DELETIONS TO SUCH CODE
THE CITY COUNCIL OF THE CITY OF JURUPA V ALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds, determines, and declares as follows:
(a) Government Code Section 50022.1 et seq. authorizes the adoption by reference of the 2022 California Building Standards Codes, including the 2022 California Fire Code specified in this Ordinance.
(b) A duly noticed public hearing, as required by Government Code Section 50022.3, was held by the City Council on _________, 2022, at which time the City Council heard and considered all public comments on these codes prior to the adoption of this Ordinance. (c) At least one copy of each code adopted by this Ordinance certified as full, true and correct by the City Clerk of the City of Jurupa Valley have been filed in the Office of the City Clerk at least 15 days preceding the public hearing on _________, 2022, in accordance with the provisions of Government Code Section 50022.6.
(d) All legal prerequisites to the adoption of this Ordinance have occurred and been fulfilled.
Section 2. Section 8.05.010 (“Adoption of Construction Codes”) of Chapter 8.05 (“Adoption of Construction Codes”) of Title 8 (“Buildings and Construction”) of the Jurupa Valley Municipal Code is hereby amended to read as follows:
“Sec. 8.05.010. - Adoption of construction codes.
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Except as hereinafter provided in this Chapter, the City of Jurupa Valley adopts the following codes by reference as the “Construction Codes” of the City of Jurupa Valley:
(1) California Building Code, 2022 Edition, V olumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), including Division II of Chapter 1 and Appendix I, but excluding Appendices A, B, C, D, E, F, G, H, J, K, L, M, N, and O from adoption;
(2) California Historical Building Code, 2022 Edition (Part 8 of Title 24 of the California Code of Regulations);
(3) California Existing Building Code, 2022 Edition (Part 10 of Title 24 of the California Code of Regulations), excluding Sections 103 through 115 from adoption;
(4) California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations), including the Tables and Annexes thereto, but excluding Annexes E, F, G, H, I and J from adoption;
(5) California Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of Regulations), excluding Sections 103 through 107 and excluding Appendices A, B, C, E, F, G, and H from adoption;
(6) California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations), including Appendices A, B, D, H, and I, but excluding Sections 103 through 107 and excluding Appendices C, E, F, G, J, K, L, M and N from adoption;
(7) California Energy Code, 2022 Edition (Part 6 of Title 24 of the California Code of Regulations);
(8) California Green Building Standards Code, 2022 Edition (Part 11 of Title 24 of the California Code of Regulations);
(9) California Referenced Standards Code, 2022 Edition (Part 12 of Title 24 of the California Code of Regulations);
(10) California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), including Appendices AH and AJ, but excluding Sections R103 through R114 and excluding Appendices AA, AB,
AC, AD, AE, AF, AG, AI, AK, AL, AM, AN, AO, AP, AQ, AR, AS, AT, AU, A V , AW, AX, AY and AZ from adoption; and
(11) International Property Maintenance Code, 2021 Edition, as published by the International Code Council.
A copy of each of the above referenced Construction Codes shall be maintained in the office of City Clerk and the Building Official, and shall be made available by the City Draft
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Clerk for public inspection while such codes are in force. All fees set forth in the Construction Codes adopted by this chapter shall be established by resolution of the City Council or ordinances of the County of Riverside adopted by the City Council pursuant to Chapter 1.35 of the Jurupa Valley Municipal Code.”
Section 3. Section 8.05.020 (“California Building Code Amendments”) of Chapter
8.05 (“Adoption of Construction Codes”) of Title 8 (“Buildings and Construction”) of the Jurupa Valley Municipal Code is hereby amended to read as follows:
“Sec. 8.05.020 . - California Building Code amendments.
The following amendments, additions and deletions are made to the California Building Code, 2022 Edition, as adopted by this chapter:
(1) Division II of Chapter 1 of the 2022 California Building Code is hereby adopted as amended in Section 8.05.030.
(2) Includes the adoption of Appendix I.
(3) Appendices A, B, C, D, E, F, G, H, J, K, L, M, N and O are not adopted.”
Section 4. Section 8.05.030 (“Administrative Provisions for Title 8”) of Chapter 8.05 (“Adoption of Construction Codes”) of Title 8 (“Buildings and Construction”) of the Jurupa Valley Municipal Code is hereby amended to read as follows:
“Sec. 8.05.030. - Administrative provisions for Title 8.
This chapter shall be cited as the Administrative Provisions to Title 8 of the Jurupa Valley Municipal Code, and shall apply to all referenced and adopted codes in Title 8, including the Construction Codes, unless otherwise provided. Division II of Chapter 1 of the 2022 California Building Code is hereby adopted, subject to the particular additions, amendments, and deletions as set forth below.
(1) Amendment—Section 101.1—Title.
Section 101.1 is hereby amended in its entirety to read as follows:
101.1 Title. These regulations shall be known as the Administrative Provisions to Title 8 of the Jurupa Valley Municipal Code and shall apply to all of the referenced and adopted codes in Title 8, including the Construction Codes, unless otherwise provided.
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(2) Amendment—Section 101.4—Referenced codes.
Section 101.4 is hereby amended in its entirety to read as follows:
101.4 Referenced codes. The other codes specified in sections 101.4.1 through 101.4.13 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 The 2022 California Building Code as adopted and amended by Chapter 8.05.
101.4.2 The 2022 California Green Building Standards Code as adopted and amended by Chapter 8.05.
101.4.3 The 2021 International Property Maintenance Code as adopted and amended by Section 8.05.040.
101.4.4 The 2022 California Residential Code as adopted and amended by Chapter 8.05.
101.4.5 The 2022 California Mechanical Code as adopted and amended by Chapter 8.05.
101.4.6 The 2022 California Fire Code as adopted and amended by Chapter 8.10.
101.4.7 The 2022 California Plumbing Code as adopted and amended by Chapter 8.05.
101.4.8 The 2022 California Electrical Code as adopted and amended by Chapter 8.05.
101.4.9 The 2022 California Energy Code as adopted and amended by Chapter 8.05.
101.4.10 The 2022 California Existing Building Code, as adopted and amended by Chapter 8.05.
101.4.12 The 2022 California Historical Building Code, as adopted and amended by Chapter 8.05.
101.4.13 The 2022 California Reference Standards Code, as adopted and amended by Chapter 8.05.
(3) Section 103.1 is hereby amended in its entirety to read as follows:
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103.1 Creation of enforcement agency. The Jurupa Valley Department of Building and Safety is hereby created and the official in charge thereof shall be known as the Building Official. The function of this Department shall be the implementation, administration and enforcement of the provisions of this code.
(4) Addition—Section 104.11.5—Application for request to use alternative materials, design, or methods of construction and equipment.
Section 104.11.5 is hereby added to read as follows:
104.11.5 Application for request to use alternative materials, design, or methods of construction and equipment. Requests for the use of alternative materials, design, or methods of construction or equipment must be made in writing on the City of Jurupa Valley “Request to use Alternate Materials, Design and Methods” application form and an application fee must be paid at the time of request submittal.
Applications shall be specific to a project address and approval for a specific project shall not constitute approval for use at any other locations.
(5) Addition—Section 105.1.3—Permits required.
Section 105.1.3 is hereby added to read as follows:
105.1.3 Permits required. No person, firm, or corporation shall erect, re- erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or other structure in the city, without obtaining a valid building permit prior to commencement of any work. A Building permit is also required for the following specified items:
1. Retaining walls over two feet in height (measured from the top of the footing) and walls of any height if supporting a surcharge or any superimposed load other than the natural fill of level earth.
Retaining walls are required for any unsupported excavation with vertical banks more than two feet high or unsupported excavations of any height if supporting a surcharge or any superimposed load other than the natural fill of level earth.
2. Fence or fences over three feet in height constructed or made of any material including, but not limited to, wood, plastic, metal, chain link, wrought iron, masonry, block, brick, or stone.
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3. Any sign which requires a Planning Department sign permit as specified in the Jurupa Valley Municipal Code, except signs painted directly onto an existing building, or sign structure or sign board ,or the refacing of a previously approved sign canister with Plexiglas, flexible sign face, or similar material provided no structural changes are made to the sign structure or canister.
4. Accessory structures of any size when noncombustible materials or ignition-resistant materials are required in Section 710A of the 2022 CA Building Code or Section R337.10 of the 2022 CA Residential Code
(6) Amendment—Section 105.2—Work exempt from permit.
Section 105.2 is hereby amended in its entirety to read as follows:
Work Exempt from Permit. Exemptions from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. Accessory structures of any size when noncombustible materials or ignition-resistant materials are required in Section 710A of the 2022 CA Building Code or Section R337.10 of the 2022 CA Residential Code are not exempt from the permit requirements.
2. Fences not over three (3) feet high.
3. Oil derricks.
4. Retaining walls that are not over two (2) feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or any superimposed load other than the natural fill of level earth or impounding Class I, II, or IIIA liquids.
5. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
6. Sidewalks, and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.
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7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
8. Temporary motion picture, television, and theater stage sets and scenery.
9. Prefabricated swimming pool accessory to a Group R-3 Occupancy that are less than 24 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. In Group R-3 and U occupancies, window awnings that do not project more than 54 inches from the exterior wall, when supported by an exterior wall and do not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height.
14. Residential decks not exceeding 200 square feet in area, with a walking surface that is not more than 30” above grade at any point, is not attached to a dwelling, and does not serve as a required path of egress or required path of accessibility. Decks located in a front yard setback will require approval from the Planning Department of the City of Jurupa Valley.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. A temporary electrical service is not exempt from permit requirements.
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Gas:
1. Portable heating appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste, or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
3. The installation of water-conserving plumbing fixtures in the same location as replacements for existing plumbing fixtures shall not require a permit or inspection from the Building Department.
The replacement plumbing fixtures shall comply with the requirements of Chapter 8.05 of the Jurupa Valley Municipal Code.
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Grading:
1. Grading requirements and permits shall be as required by the Jurupa Valley Municipal Code. Chapter 8.70
(7) Amendment—Section 105.3.2—Time limitation of application.
Section 105.3.2 is hereby amended in its entirety to read as follows:
105.3.2 Time limitation of application or plan check. An application for a permit or a plan check submittal for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time, for additional periods not exceeding 90 days each. The extension shall be requested in writing and shall demonstrate justifiable cause for the requested extension. Extensions will not be approved until all applicable fees have been paid to the City Jurupa Valley.
(8) Amendment—Section 105.5—Expiration.
Section 105.5 is hereby amended in its entirety to read as follows:
105.5 Expiration and Renewal. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and shall demonstrate justifiable cause for the requested extension. Extensions will not be approved until all applicable fees have been paid to the City of Jurupa Valley.
Renewal: Extensions will only be granted prior to the expiration of a permit. When a permit has expired, work cannot be recommenced prior to obtaining a new permit. Requests to renew an expired permit shall be submitted to the Building Official, in writing, demonstrating justifiable cause and subject to the approval of the Building Official. If approved by the Building Official the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that the suspension or abandonment has not exceeded one year. To renew a permit after more than a year of suspension or abandonment the permittee shall pay a new full permit fee. (9) Amendment—Section 105.6—Suspension or revocation.
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Section 105.6 is hereby amended in its entirety to read as follows:
105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or is in violation of any ordinance or regulation or any of the provisions of this code. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this code if construction noise is generated in violation of the Jurupa Valley Municipal Code Chapter 11.10.010. 11.05
The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this code if dust is generated in excess of local, state or federal standards or conditions of project approval. (10) Amendment—Section 105.7—Placement of permit.
Section 105.7 is hereby amended in its entirety to read as follows:
Section 105.7 Placement of permit. The required permits and approved plans shall be maintained in good condition and be posted or otherwise made available such as to allow the Building Official to conveniently make the required entries regarding the inspection of work. (11) Addition—Section 105.8—Transferability.
Section 105.8 is hereby added to read as follows:
105.8 Transferability. No permit issued pursuant to Title 8 of the Jurupa Valley Municipal Code shall be transferable to any other person or apply to any location other than that stated in the permit.
(12) Amendment—Section 109.2—Schedule of permit fees.
Section 109.2 is hereby amended in its entirety to read as follows:
09.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, plumbing systems, or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the current fee schedule as adopted by ordinance or fee resolution of the City Council. The Building Official shall apply the applicable fee from the fee schedule to the proposed project, including, where applicable, an hourly rate using the billable hourly rates established by the fee schedule. The Building Official shall have the final authority to establish the appropriate fee category for the project submitted. (13) Amendment—Section 109.4—Work commencing before permit issuance.
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Section 109.4 is hereby amended in its entirety to read as follows:
109.4 Investigation fee. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be determined by the currently adopted fee schedule and shall not be less than the actual costs as determined by the Building Official.
(14) Amendment—Section 109.6—Refunds.
Section 109.6 is hereby amended in its entirety to read as follows:
109.6 Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
The Building Official may authorize refunding of not more than 80 percent of the permit inspection fee paid when no work has been started under a permit issued in accordance with this code.
The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee is paid is withdrawn or canceled before any plan reviewing is started.
The Building Official shall not authorize refunding of any fee paid except on a written request for refund submitted by the original applicant or original permittee not later than 180 days after the date of the fee payment.
(15) Addition—Sections 110.3.3.1—Roof sheathing and shear inspection.
Section 110.3.3.1 is hereby added read as follows:
110.3.3.1. Roof sheathing and shear inspection. Roof sheathing and shear inspections shall be performed after roof sheathing and all structural shear panels or walls are in place and secured by nailing or other approved methods.
(16) Addition—Sections 110.3.7.1—Plaster inspection.
Section 110.3.7.1 is hereby added to read as follows:
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110.3.7.1. Plaster inspection. Plaster inspections shall be performed after the application of the scratch coat.
(17) Addition—Section 110.7—Re-inspections.
Section 110.7 is hereby added to read as follows:
110.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections previously called for are not made. The amount of the fee shall be the minimum building inspection fee or as set forth in an established fee schedule.
This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when the inspection record permit card is not posted or otherwise available on the work site, the approved plans are not readily available for the City of Jurupa Valley building inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from the plans requiring the approval of the Building Official.
To obtain a re-inspection, the applicant shall pay the re-inspection fee as set forth in the established fee schedule.
In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
(18) Amendment—Section 111.2—Certificate issued.
Section 111.2 is hereby amended in its entirety to read as follows:
111.2 Certificate issued. A Certificate of Occupancy shall not be issued until all applicable fees have been paid to the City of Jurupa Valley.
After the Building Official inspects the building or structure and finds no violation of the provisions of this code or other laws that are enforced by the City of Jurupa Valley, the Building Official shall issue a Certificate of Occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
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4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the code under which the permit was issued.
8. The use, occupancy group, and division, in accordance with the provisions of Chapter 3 of the 2022 California Building Code.
9. The type of construction as defined in Chapter 6 of the 2022 California Building Code.
10. The design occupant load.
11. If an automatic fire sprinkler system is provided.
12. Any special stipulations and conditions of the building permit. (19) Addition—Section 112.3.1—Authority to disconnect service utilities.
Section 112.3.1 is hereby added to read as follows:
112.3.1 Authority to disconnect service utilities. The Building Official shall have the authority to order disconnection of utilities when a structure, building, or property is in violation of Section 111 or when the continued use of utilities creates or contributes to the existence of a “public nuisance” as defined in this code or as determined by a court ordered action to abate such public nuisance.
When the Building Official has determined that approval for a temporary use of utilities or temporary occupancy per sections 108, 111, or 112 has terminated or violated the conditions of approval, the Building Official shall have the authority to order disconnection of utilities (20) Amendment—Section 114.4—Violation penalties.
Section 114.4 is hereby amended in its entirety to read as follows:
114.4 Violations, Penalties and Enforcement.
1. No person, firm, partnership, association or corporation shall violate any provisions of this chapter and any provisions of the Draft
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codes, rules or regulations adopted in Title 8 of the Jurupa Valley Municipal Code.
2. Any person, firm, partnership, association, or corporation violating any of the provisions adopted in Title 8 of the Jurupa Valley Municipal Code by reference, shall be guilty of an infraction, except where otherwise provided in this Title 8 or otherwise provided in the Jurupa Valley Municipal Code. Any person violating a stop work order issued pursuant to section 115 of Division II of Chapter 1 of the 2022 California Building Code shall be guilty of a misdemeanor. Any person who continues to occupy or any person who enters a structure which has been posted “unsafe” by the Building Official pursuant to section 116 of Division II of Chapter 1 of the 2022 California Building Code or Title 8 of the Jurupa Valley Municipal Code shall be guilty of a misdemeanor and shall be subject to administrative penalties pursuant to Chapter 1.20 of the Jurupa Valley Municipal Code.
3. Every person, firm, association, or corporation violating any of the provisions of this chapter or provisions of the codes, rules, or regulations adopted in this chapter by reference is guilty of a separate offense for each day or portion thereof during which the violation continues and shall be punishable thereof as provided in this code.
4. It is unlawful for any person, firm, partnership, corporation, association, or joint venture, either as owner, architect, contractor, artisan, or otherwise, to do or to cause or permit to be done any work, as described in the California Building Standards Code as adopted by reference in Title 8 of the Jurupa Valley Municipal Code, in such a manner that such work does not conform to all the provisions of Title 8 of the Jurupa Valley Municipal Code and the provisions of said California Building Standards Code, as so adopted by reference.
5. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy, or maintain any building, structure, equipment, or portion thereof, in the city or cause the same to be done contrary to or in violation of any provision of this title or any provisions of the codes, rules, or regulations adopted in this title.
No person shall violate any of the provisions or fail to comply with any of the requirements of this title. Unless a different penalty is prescribed for violation of a specific provision of this title, any person violating any of the provisions or failing to comply with the requirements of this title is guilty of an infraction; provided, however, that any person who violates any of the provisions or fails to comply with any of the requirements of this title and has Draft
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previously been convicted two or more times during any
continuous 12 month period for any crime made punishable by this title shall be guilty of a misdemeanor and shall be subject to administrative penalties pursuant to Chapter 1.20 of the Jurupa Valley Municipal Code.
6. The Jurupa Valley Police Department (Riverside County Sheriff), the Fire Code Official, the Building Official, and the Code Enforcement Officer, of the City of Jurupa are authorized enforce the provisions of this title.
7. Violations of any of the provisions of Title 8 of the Jurupa Valley Municipal Code are also subject to any or all of the provisions of Title 1 Jurupa Valley Municipal Code.”
Section 5. Section 8.05.040 (“International Property Maintenance Code amendments”) of Chapter 8.05 (“Adoption of Construction Codes”) of Title 8 (“Buildings and Construction”) of the Jurupa Valley Municipal Code is hereby amended to read as follows:
Sec. 8.05.040. - International Property Maintenance Code amendments.
The International Property Maintenance Code, 2021 Edition, is hereby adopted, subject to the particular additions, amendments, and deletions as set forth below.
CHAPTER I
SCOPE AND APPLICATION
SECTION 101 GENERAL
(1) Amendment—Section 101.1—Title.
Section 101.1 is amended in its entirety to read as follows:
101.1. Title.
These regulations shall be known as the International Property Maintenance Code of Jurupa Valley, hereinafter referred to as “this code.”
(2) Amendment—Section 102.3—Application of other codes
Section 102.3 is amended in its entirety to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy classification, shall be done in accordance with the Draft
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procedures and provisions of the codes as adopted and amended in Chapter 8.05 of the Jurupa Valley Municipal Code.
(3) Amendment Section 102.8 is amended in its entirety to read as follows:
102.8 Referenced codes and standards. The International codes referenced in this code shall mean the versions as adopted and amended in Chapter 8.05 of the Jurupa Valley Municipal Code.
(4) Amendment—Section 103 is amended in its entirety to read as follows:
103.1 Administration, Enforcement, and Penalties.
Administration, enforcement, and penalties shall be as set forth in the Section 8.05.030 of the Jurupa Valley Municipal Code.
(5) Amendment—Section 302.4—Weeds.
Section 302.4 is hereby amended in its entirety to read as follows:
302.4 Weeds.
Premises and exterior property shall be maintained free from weeds or plant growth in excess of 4 inches in height. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.”
Section 6. Chapter 8.10 ("Adoption of Fire Code") of Title 8 ("Buildings and Construction") of the Jurupa Valley Municipal Code is hereby amended to read as follows:
CHAPTER 8.10. - ADOPTION OF FIRE CODE
Sec. 8.10.010. - Fire Code adopted.
Except as stated in this Section or as amended below in Section 8.10.020, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter’s matrix, are hereby adopted and shall apply to the City of Jurupa Valley. In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 111.3 are not adopted, and Chapters 3, 25, and Sections 403.11, 503, 510.2, 1103.2, and 5707 are Draft
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adopted. The provisions of the 2019 California Fire Code and Appendices Chapter B, BB, C, CC, and H shall apply to all incorporated areas of the City by ratification. The California Fire Code shall be known as the Fire Code of the City of Jurupa Valley
Sec. 8.10.020. - Amendments to Fire Code.
The following amendments, additions, and deletions are made to the California Fire Code, 2019 Edition, as adopted by this chapter:
(1) Amendment-Section 101.4-Severability.
Section 101.4 is hereby amended in its entirety to read as follows:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.
(2) Amendment-Section 102.5-Application of residential code.
Section 102.5 is hereby amended in its entirety to read as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:
1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.
2. Administrative, operational and maintenance provisions of this code shall apply.
3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Draft
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Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.
(3) Addition-Section 104.1.1-Authority of the Fire Chief and Fire Department.
Section 104.1.1 is hereby added to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.
1. The Fire Chief is authorized and directed to
enforce all applicable state fire laws and provisions
of this code and to perform such duties as directed
by the City Council.
2. The Fire Chief is authorized to administer,
interpret, and enforce this code. Under the Fire
Chief's direction, the Riverside County Fire
Department is authorized to enforce ordinances of
the City of Jurupa Valley pertaining to the
following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of
dangerous or hazardous fires.
2.3. The storage, use, and handling of hazardous
materials.
2.4. The installation and maintenance of automatic,
manual, and other private fire alarm systems
and fire extinguishing equipment.
2.5. The maintenance and regulation of fire escapes.
2.6. The maintenance of fire protection and the
elimination of fire hazards on land, in
buildings, structures, and other property,
including those under construction.
2.7. The maintenance of means of egress.
2.8. The investigation of the cause, origin, and
circumstances of fire and unauthorized
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releases of hazardous materials.
3. The following persons are hereby authorized to
interpret and enforce the provisions of this code and
to make arrests and issue citations as authorized by
law and this code:
3.1. The Unit Chief, Peace Officers and Public
Officers of the California Department of
Forestry and Fire Protection.
3.2. The Fire Chief, Peace Officers and Public
Officers of the Riverside County Fire
Department.
3.3. The Riverside County Sheriff and any deputy
sheriff.
3.4. The Police Chief and any police officer of
any city served by the Riverside County
Fire Department.
3.5. Officers of the California Highway Patrol.
3.6. Code Officers of the City of Jurupa
Valley Code Enforcement Department.
3.7. Peace Officers of the California Department
of Parks and Recreation.
3.8. The law enforcement officers of the Federal
Bureau of Land Management.
(4) Amendment-Section 104.7-Liability.
Section 104.7 is hereby amended in its entirety to read as follows:
104.7 Liability. Any liability against Riverside County or the City of Jurupa Valley or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
(5) Addition-Section 104.13-Authority of the Fire Chief to close hazardous fire areas.
Section 104.13 is hereby added to read as follows:
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104.13 Authority of the Fire Chief to close hazardous fire areas.
Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors or City Council, as applicable, within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section,
“hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.
(6) Amendment-Section 107.2-Schedule of permit fees.
Section 107.2 is hereby amended in its entirety to read as follows:
107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the fee schedule established by the City of Jurupa Valley.
(7) Addition-Section 107.7-Cost recovery.
Section 107.7 is hereby added to read as follows:
107.7 Cost recovery. Fire suppression, investigation, rescue, or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally, or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150 et seq., as may be Draft
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amended from time to time. Any expense incurred by the
Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.
(8) Amendment-Section 111.1 Board of appeals established.
Section 111.1 is hereby amended in its entirety to read as follows:
111.1 Board of appeals established. The Board of Appeals shall be defined and held in conformance with Section 8.10.030 of the Jurupa Valley Municipal Code.
(9) Amendment-Section 112.4---Violation penalties.
Section 112.4 is hereby amended in its entirety to read as follows:
112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Jurupa Valley ordinances, any applicable fee schedule and Health and Safety Code Sections 17995,et seq.
(10) Amendment-Section 202-Fire Chief definition.
The following definition in Section 202 is hereby amended in its entirety to read as follows:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chiefs designee.
(11) Amendment-Section 308.1.6.3-Sky lanterns.
Section 308.1.6.3 is hereby amended in its entirety to read as follows:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.
(12) Amendment-Section 503.2.1-Dimensions.
Section 503.2.1 is hereby amended in its entirety to read as follows:
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503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm),
exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time and the same are hereby incorporated by reference and may be reviewed in the Office of the County Fire Department.
(13) Amendment-Section 503.2.2-Authority.
Section 503.2.2 is hereby amended in its entirety to read as follows:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.
(14) Addition-Section 503.6.1 Automatic opener.
Section 503.6.1 is hereby added to read as follows:
503.6.1 Automatic opener. New motorized gates shall be
provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department Standards and Policies, as may be amended from time to time and the same are hereby incorporated by reference and may be reviewed in the Office of the County Fire
Department.
Exception: Gates serving individual one- and two-family dwelling parcels.
(15) Addition-Section 503.7-Loading areas and passenger drop-off areas.
Section 503.7 is hereby added to read as follows:
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503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.
(16) Addition-Section 507.5.7-Fire hydrant size and outlets.
Section 507.5.7 is hereby added to tread as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:
1. Residential Standard- one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.
2. Super Hydrant Standard- one (1) four (4) inch outlet and two
(2) two and one half (2 ½) inch outlet.
3. Super Hydrant Enhanced - two (2) four (4) inch outlet and one
(1) two and one half (2 ½) inch outlet.
(17) Addition-Section 507.5.7-Fire hydrant street marker.
Section 507.5.8 is hereby added to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer, or person responsible for removal or damage.
(18) Amendment-Section 508.1-General.
Section 508.1 is hereby amended in its entirety to read as follows:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the Draft
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California Building Code, in all buildings greater than 300,000 square feet (27 870 m2), and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.7.
(19) Amendment-Section 508.1.1-Location and access.
Section 508.1.1 is hereby amended in its entirety to read as follows:
Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.
(20) Amendment-Section 508.1.3-Size.
Section 508.1.3 is hereby amended in its entirety to read as follows:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.
Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official. Amendment-Section 508.1.6-Required features.
(21) Addition-Section 509.2.1 Minimum clearances.
Section 509.2.1 is hereby added to read as follows:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate
access, except as otherwise required or approved.
Draft
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(22) Amendment-Section 608.11.1.2-Manual operation.
Section 608.11.1.2 is hereby amended in its entirety to read as follows:
608.11.1.2 Manual operation. An automatic emergency stop feature shall be provided in accordance with Sections 605.10.2.1 and 605.10.2.2. When required by the fire code official, automatic crossover valves shall be capable of manual
operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.
(23) Amendment-Section 903.2-Where required.
Section 903.2 is hereby amended in its entirety to read as follows:
903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where Sections 903.2.1 through 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.
Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:
1. Detached Group U occupancies used for
agricultural purposes.
2. Detached non-combustible equestrian arena
shade canopies that are open on all sides and
used for riding only - no commercial,
assembly or storage uses.
3. Detached fabric or non-combustible shade
structures that are open on all sides and used to
shade playground equipment, temporary storage
of vehicles and dining areas with no cooking.
4. Where determined by the Fire Chief that no
major life safety hazard exists, and the fuel
load does not pose a significant threat to
Draft
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firefighter safety or to other structures or
property, automatic fire sprinklers may be
exempted.
One- and two-family dwellings shall have an automatic
fire sprinkler system regardless of square footage in
accordance with the California Residential Code. Fire
sprinkler systems shall be installed in mobilehomes,
manufactured homes, and multifamily manufactured
homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.
The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception in Section 903.2.11.3
(24) Amendment-Section 903.2.3-Group E.
Section 903.2.3 is hereby amended to delete the exception listed within subsection 2.
(25) Amendment-Section 903.2.11.3-Buildings 55 feet or more in height.
Section 903.2.11.3 is hereby amended in its entirety to read as follows:
903.2.11.3 Buildings 55 feet or more in height. An automatic sprinkler system shall be installed throughout buildings that have one or more stories with an occupant load of 30 or more located 55 feet (16, 764 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor.
Exceptions:
1. Open parking structures.
(26) Addition-Section 903.3.5.3-Hydraulically calculated systems.
Section 903.3.5.3 is hereby added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Draft
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(27) Addition-Section 3204.2.1-Minimum requirements for client leased or occupant owned warehouses.
Section 3204.2.1 is hereby added to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13.
The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height, and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.
(28) Addition-Section 4904.2.1-High Fire Hazard Severity Zone Maps.
Section 4904.2.1 is hereby added to read as follows:
4904.2.1 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones (VHFHSZ), located in the Local Responsibility Areas (LRA), are designated as shown on the most recently published VHFHSZ IN LRA map, as recommended and published by the Director of the California Department of Forestry and Fire Protection (CAL FIRE), which may be revised from time to time. The most recent VHFHSZ IN LRA map is on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas.
(29) Amendment-Table B105.2 Required fire flow for buildings other than on- and two-family dwellings, Group R-3 and R-4 buildings and townhouses.
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Table B105.2 is hereby amended in its entirety to read as follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE-AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSES
AUTOMATIC
SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIRE-
FLOW
Gallons per minute)
FLOW
DURATION
(hours)
No automatic sprinkler
system
Value in Table
B105.1(2)
Duration in Table
B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in
Table Bl05.1(2l
Duration in Table
B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2l
Duration in Table
B105.1(2) at the
reduced
flow rate
For SI: 1 gallon per minute= 3.785 Lim.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.
(31) Section C103.1 of the California Fire Code is hereby deleted in its entirety and replaced with the following:
C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.
Sec. 8.10.030. -Appeals and hearings.
All appeals or other hearings required by the provisions of the California Fire Code, 2019 Edition, adopted by this chapter shall be conducted pursuant to Chapter 2.40 of the Jurupa Valley Municipal Code. Whenever the term "Appeals Board," "Board of Appeals" or other similar language is indicted by any of the codes adopted by this Draft
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chapter, it shall mean the Hearing Officer pursuant to Chapter 2.05 of this Code."
Section 7. Prior Ordinances Repealed. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance of the codes herein adopted by reference and any other ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect; provided,. however, that this action shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the Codes adopted by reference and amended by Ordinance No. 2019-18 shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this Ordinance so long as the initial permit therefor is issued no later than ninety (90) days after the effective date of this Ordinance.
Section 8. Effect of Ordinance. This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside in conflict with the terms of this Ordinance.
This ordinance shall take effect on January 1, 2023.
Section 9. 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Ju rupa Valley on this ____ day of _________, 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 V ALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022 -__ was regularly introduced at a regular meeting of the City Council held on the ____ day of ________, 2022, and thereafter at a regular meeting held on the ____ day of ________, 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 ____ day of ________, 2022.
___________________________________
Victoria Wasko, CMC
City Clerk
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120
STAFF REPORT
DATE: OCTOBER 20, 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. 12.F
AM
ENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF
JURUPA VALLEY AND JURUPA AREA RECREATION AND PARK
DISTRICT TO OPERATE THE EDDIE DEE SMITH SENIOR CENTER
RECO
MMENDATION
1) That
the City Council approve the First Amendment to the Agreement for Operation of the Eddie Dee Smith Senior Center between the City of Jurupa Valley and Jurupa Area Recreation and Park District and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
I
n June 2020, the City acquired the Eddie Dee Smith Senior Center (“Center”) located at 5888 Mission Boulevard in Jurupa Valley from the County of Riverside (“County”). Prior to the Center’s acquisition, the Family Service Association (“FSA”) was providing program management, a senior meal program, and operational responsibilities on behalf of the County. The City initiated conversations with FSA and the Jurupa Area Recreation and Parks District (“JARPD”) to discuss the future operations of the Center after its official transfer to the City. S hortly following these conversations, the City entered into an Agreement in July 2020, with JARPD to provide programs, day -to-day operations, and activities. While JARPD is responsible for daily operations, FSA continues to provide meal services.
ANAL
YSIS
J
ARPD has been providing operational services at the Center since July 2020 and has continued to fulfill the required scope of work to provide services and programming. T he original term of the Agreement was due to expire on June 30, 2021, with a City-held option to extend for two, one- year terms. The City is exercising this provision and formally
RETURN TO AGENDA
Page | 2
documenting the extension of the Agreement under Amendment No. 1. If approved, the term of the Agreement will expire on June 30, 2023.
In addition to the extension, Staff and JARPD revisited other terms of the original Agreement. When the City entered into the Agreement with JARPD, the two parties agreed that the City would be responsible for capital maintenance, landscaping, pest control, and custodial maintenance. Staff recently met with JARPD and the parties agreed that some of the aforementioned responsibilities should be transferred to JARPD. JARPD agreed to administer its own pest control and custodial maintenance contracts over the Center for additional compensation.
To continue providing the same level of service in addition to the custodial and pest control contracts, JARPD is requesting an adjustment to their annual compensation. The annual compensation is currently $170,000.00. The cost to administer the custodial maintenance and pest control will cost JARPD $17,250.00 through June 30, 2023. Under Amendment No. 1, the annual compensation will be adjusted to $187,250.00.
FINANCIAL IMPACT
While Amendment No. 1 proposes an adjustment to the annual compensation, it will not result in any additional expenditures to the City . The increase in annual compensation consist of expenses the City was already paying for.
ALTERNATIVES
1) Do not approve Amendment No. 1 to the Agreement for Operations of the Eddie Dee Smith Senior Center
2) Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE ***********************
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FIRST AMENDMENT TO THE AGREEMENT FOR OPERATION OF
THE EDDIE DEE SMITH SENIOR CENTER BETWEEN JURUPA AREA
RECREATION AND PARK DISTRICT AND CITY OF JURUPA
VALLEY
This First Amendment is made and effective as of October 20, 2022 between the City of Jurupa Valley, a municipal corporation (“City”) and Jurupa Area Recreation and Park District, a California Recreation and Park District ("District "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This First Amendment is made with the respect to the following facts and purposes:
A. On July 1, 2020, the City and District entered into that certain Agreement entitled “AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND JURUPA
AREA PARKS AND RECREATION DISTRICT TO OPERATE THE EDDIE DEE SMITH SENIOR CENTER”.
2. Section 2 of the Agreement is hereby amended to read as follows:
2. TERM OF AGREEMENT.
The term of this Agreement shall be from July 1, 2020 through June 30, 2023.
The Cit y Manager shall have the authority to exercise and execute the necessary term extension amendment.
3. Section 3.c of the Agreement is hereby amended to read as follows:
3. SCOPE OF SERVICES AND DISTRICT OBLIGATIONS.
(c) City shall be responsible for capital maintenance and landscaping maintenance of the Center. District shall be responsible for custodial maintenance and pest control of the Center.
District shall keep and maintain all portions of the Center used by the District in good condition, including routine maintenance, and at District’s expense except as noted herein. Reasonable wear and tear is acceptable and District shall not cause waste or damage to the improvements and resources thereon by its employees, contractors, or agents.
4. Section 5.a of the Agreement is hereby amended to read as follows:
5. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay District the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty-seven Thousand Two Hundred Fifty Dollars ($187,250 .00) during each fiscal year.
5. The person or persons executing this Agreement on behalf of District warrants and represents that he or she has the authority to execute this Agreement on behalf of the District and has the authority to bind District to the performance of its obligations hereunder. -2-
6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
JURUPA AREA RECREATION & PARK DISTRICT
By: _______________________________
Name: Rebecca Rodarte-Byrne
Title: President of the Board
By:________________________________
Name: Jose Luis Godinez
Title: Secretary
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
CITY OF JURUPA VALLEY
A California Municipal Corporation
_______________________________
Rod B. Butler
City Manager
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________
Peter M. Thorson
City Attorney
Page | 1
STAFF REPORT
DAT
E: OCTOBER 20, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.A
PUBL
IC HEARING TO CONSIDER F IRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 1402 (DA1402A1) TO EXTEND
THE TERM OF THE DEVELOPMENT AGREEMENT FOR THE PEDLEY
CROSSING SHOPPING CENTER TO DECEMBER 7, 2029; LOCATION:
SOUTHEAST OF PEDLEY ROAD AND STATE ROUTE 60
(ASSESSORS PARCEL NUMBERS: 169 -040-027, 169- 070-028, AND 169-070-029); (APPLICANT: RBE GLENDORA LLC; NJK FAMILY
HOLDINGS LLC; AND SGS FAMILY HOLDINGS LLC)
RECOMMENDATION
1) That the City Council open the public hearing, receive any public testimony, conduct a first reading and introduce Ordinance No. 2022-19, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THE “FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF JURUPA
VALLEY, A MUNICIPAL CORPORATION AND RBE GLENDORA LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, NJK FAMILY HOLDINGS LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY, AND SGS FAMILY
HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT),” AND MAKING FINDINGS PURSUANT TO CEQA AND
DETERMINATIONS THAT NO FURTHER CEQA REVIEW IS REQUIRED
BACKGROUND
On September 14, 2022, the Planning Commission held a public hearing regarding the proposed First Amendment to the Development Agreement No. 1402 (DA1402A1), and voted 4-0, rec ommending that the City Council approve the amendment of the Development Agreement.
RETURN TO AGENDA
Page | 2
SUMMARY OF PROPOSED EXTENSION OF DEVELOPMENT AGREEMENT
RBE Glendora LLC , NJK Family Holdings LLC, and SGS Family Holdings LLC . (“Applicant”) is requesting approval of an amendment to the Development Agreement (DA1402A1) to extend the term from December 7, 2022 to December 7, 2029.
Reason for Request. The applicant has requested to extend the term of the Development Agreement for an additional seven years in order to allow the Project to be completed.
The Applicant submitted a letter, Attachment 4, explaining the reasons for the extension request. The Applicant states that the rise of e-commerce and the displacement of brick- and-mortar tenants made it difficult to find tenants. In addition, the Applicant states that the COVID -19 pandemic and stay -at-home orders made it difficult to find interested tenants and caused significant shortages in labor and materials necessary for grading and construction.
Despite the above events, the Applicant states that retail and dining tenants are again interested in the Project. Tenants have repositioned themselves to better manage COVID-19 disruptions and retailers have learned how to integrate into the new norm of e-commerce. As a result, interest from brick -and-mortar retailers has significantly increased since the beginning of 2022.
BACKGROUND
The property that is the subject of the Development Agreement (Attachment 6) is approximately 30.42 acres in size, is generally bounded on the west by Pedley Road, on the east by Bravo Estates Mobile Home Park, and on the north by the State Route 60.
The property is referred to “Project Sit e” and includes the following Assessor’s Parcel Nos: 169-070-028, 169-070-029, and 169-004-027.
The site is zoned General Commercial ( C-1/C-P), and Scenic Highway Commercial (C - P-S). The site is located at the southeast corner of Pedley Road and State Route (SR - 60). Table 1 provides general property information for the Project Site and Figure 1 provides an aerial image of the Project Site.
TABLE 1: PROJECT SITE INFORMATION
APN GP Land Use Zoning Acreage
169-040-027
169-070-028
169-070-029
Commercial Retail
(CR)
General Commercial (C-1/C-P)
Scenic Highway Commercial (C-
P-S)
30.42 Ac
Page | 3
FIGURE 1: AERIAL IMAGE OF PROJECT SITE, 2020
When the City approved the Project in 2015, the City approved the DA together with six other entitlements:
(1.)Development Agreement No. 1402 (DA1402): Requiring contributions to the City and penalties if the Applicant exceeds the established time limitations for finishing grading and constructing the shopping center. See Attachment 6. (2.)General Plan Amendment No. 1203 (GPA1203) :Changing the land use designation of 5.8 acres from Medium High Density Residential (MHDR) to Commercial Retail (CR).
(3.)Change of Zone No. 1201 (CZ1201) : Changing the zoning of 5.8 acres from Mobilehome Park (R-T) to Scenic Highway Commercial (C-P-S). (4.)Tentative Parcel Map No. 36060 (TPM36060): Allowing Schedule E commercial subdivision of 30.42 gross acres into 13 commercial parcels. (5.)Variance No. 1403 (VAR1403): Allowing a deviation from the development standards regarding height, sign area, and number of permitted pylons and monument signs within the Project site.
(6.)Site Development Permit No. 31203 (SDP31203): Allowing 265,978 square feet of commercial development on the site.
(7.)Conditional Use P ermit No. 1202 (CUP1202) : Permitting the operation of a “gasoline service station with the concurrent sale of beer and wine for off-premise consumption and convenience store including the sale of motor vehicle fuel. Due to an over -concentration of alcohol licenses within the P roject’s census tract, a Determination of Public Convenience or Necessity (PCN) will be r equired for the
Page | 4
building tenant at a future date. The CUP also includes the sale of alocholic beverages in other retail stores within the shopping center such as a drug or general merchandise store. All retail “off -premise” sales of alocholic beverages from this site will require each tenant to apply for and be granted a PCN by the Planning Comission.
FIGURE 2: APPROVED SITE PLAN AND AERIAL IMAGE
The Project includes 12 commercial buildings and associated site improvements. The site plan shows a total of 265,978 square feet of development. Table 2 demonstrates the type of buildings that are part of this Project:
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TABLE 2. PROJECT BUILDING DETAIL
Building Number Proposed Use Building Size (Square
Feet)
Retail #1 General Retail 18,000
Retail #2 General Retail 42,500
Retail #3 General Retail 20,000
Retail #4 Grocery 95,513
Retail #5 General Retail 27,152
Retail #6 General Retail 10,000
Retail #7 Food Retail 9,000
Retail #8 Drug Store 15,500
Retail #9 General Retail 10,000
Restaurant #1 Sit Down 11,000
Restaurant #2 Fast Food 3,813
Gas Station w/ C. Store 3,500
The Pedley Crossing Shopping Center includes three vehicular access driveways along Pedley Road. The entries provide access to the south, central, and north portion of the site. The south entry provides a signalized intersection with Francisco Jr Avenue, and the north entry provides a signalized intersection with Ben Nevis Boulevard. The project provides 1,487 parking locations which exceed the Municipal Code requirement. The project includes new sidewalks, street lighting, an on- street bike lane, and bus turn- out along Pedley Road. Shaded seating areas are provided throughout the site. two pedestrian walkways traverse the parking lot to provide an internal pedestrian connection.
Landscaping is provided throughout the site with an emphasis on buffering along Pedley Road. Four loading dock areas are provided at the rear of proposed commercial buildings and design features were incorporated to mitigate noise generated from these areas.
On May 13, 2015, the Planning Commission held a public hearing on the Development Agreement, Land Use Approvals, and the proposed Environmental Impact Report and recommended approval to the City Council. On October 15, 2015 the City Council adopted Resolution No. 2015-53 certifying the Environmental Impact Report, the Project and the Development Agreement. On October 15, 2015 the City Council introduced Ordinance No. 2015-16 and on November 5, 2015 held the second reading and adopted Ordinance No. 2015-16 approving this Development Agreement.
The Development Agreement (DA) vested the Applicant’s rights to develop the Project and extended each of the adjudicative enti tlements for the term of the DA. T here is a 7- year term that commenced on the “Effective Date” of December 7, 2015.
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On February 1, 2018, the City and Applicant executed the First Operating Memorandum to the Development Agreement (“First OM”) to confirm that the Effective Date of the Development Agreement is December 7, 2015, and to correct minor errors. The First OM became part of the Development Agreement and is required to be attached as an addendum. The Development Agreement is currently valid through December 7, 2022.
See Attachment 7.
The proposed amendment extends the term of the Development Agreement from December 7, 2022 to December 7, 2029.
ANALYSIS
The DA established a binding agreement between the City and the Applicant that specifies required contributions to the City and penalties if the Applicant exceeds the established time limitations for finishing grading and constructing the shopping center.
The following are provisions of the Development Agreement:
1. Grading: Given that the grading activity is such a major component of the P roject and that it has the ability to be very disruptive to the community , a se ries of milestones and penalties were incorporated to protect the health, safety and welfare of the City, its residents and property owners.
2. Grading Milestones: The Development Agreement provides an initial grading permit approval period with the ability of extensions of times. If the Applicant takes 5 years to complete the grading, critical public improvements will be completed and the City will have $2 million. Similar provisions have been established to ensure the installation of landscaping should grading activities continue beyond a specific time.
3. Architectural Approvals: The Conditions of Approval established four architectural styles that include Mission, Art Deco, and Craftsman. The Development Agreement included provisions allowing the Community Development Director to approval the final architecture to expedite the Project completion.
The amendment would result in the extension of the expiration date by seven years and correction of two minor clerical errors relating to subsequent development approvals and development impact fees . It does not change any of the other conditions. The City maintains the right to review the Development Agreement as the Project is developed to ensure that the Applicant is acting in good faith with the conditions of the agreement as applicable. The Pedley Crossing Shopping Center is a large development that will likely take several years to build out. Extending the term will provide additional time to make the Project a reality.
GENERAL PLAN FINDINGS
The proposed amendment is consistent with the 2017 City of Jurupa Valley General Plan, including the goals and objectives in that it:
1. Provides necessary services to the nearby community and freeway passerby.
2. The Project will generate new short term and long- term quality employment opportunities within the City.
Page | 7
3. New business in the City will serve to attract additional new commercial uses and thus generate additional long-term jobs within the City.
4. The Project will expand and enhance the City’s tax base through increased property values and consumer purchasing. The Project will generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City. New sales tax revenues will be generated for the City at the retail and restaurant uses. Additionally, the City’s portion of the property taxes generated by the construction of the Project will be substantially increased.
5. The Project preserves and enhances the job/housing balance described in the City’s General Plan and various regional plans.
6. The Project will promote the stability and diversification of the City’s economy.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed amendment does not result in any physical environmental impacts not already analyzed in the approval of the Pedley Shopping Center. Based on the Previous Environmental Document (PED) prepared for the Pedley Shopping Center, all potentially significant effects have been avoided or mitigated according to the Final Environmental Impact Report (EIR), State Clearinghouse (SCH) #2008121072, and City of Jurupa Valley Master Application 1202 (MA1202), certified on October 15, 2015. Therefore, the Project is “within the scope” of the previously certified EIR. According to PRC §21166 and CEQA Guidelines §15162, CEQA does not require the preparation of any further environmental review.
NOTICING REQUIREMENTS
The Project was advertised in the Press Enterprise Newspaper on September 25, 2022.
Additionally, public hearing notices were mailed to property owners within 1,000 feet of the Project site. As of the writing of this report, no written communication or phone calls indicating support or opposition have been received.
FINANCIAL IMPACT
The time to process this application is covered by the applicant’s deposit. No additional costs to the City are anticipated.
ALTERNATIVES
1. Recommended Action
: That the City Council conduct the first reading and
introduce Ordinance No. 2022-17 to do the following:
(a.) Approve Amendment No. 1 of Development Agreement No. 1402 (DA1402A1), extending the term of the agreement by seven years, based upon the findings and conclusions provided in this staff report, and pending final adoption by the City Council;
(b.)Find that no f urther environmental documentation is required pursuant to State CEQA Guidelines Section 15162 based on the findings and conclusions in the staff report.
ATTACHMENT 1:
ORDINANCE NO. 2022-19
-1-
12774-0113\2709356v1.doc
ORDINANCE NO. 2022-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THE “FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
JURUPA VALLEY , A MUNICIPAL CORPORATION AND RBE
GLENDORA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
NJK FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, AND SGS FAMILY HOLDINGS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT),” AND
MAKING FINDINGS PURSUANT TO CEQA AND DETERMINATIONS
THAT NO FURTHER CEQA REVIEW IS REQUIRED
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) This Ordinance approves the “FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY, A
MUNICIPAL CORPORATION AND RBE GLENDORA LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, NJK FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AND SGS FAMILY HOLDINGS LLC, A CALIFO RNIA LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT)” (the “First Amendment”). (b) On October 15, 2015, the City Council adopted Resolution No. 2015 -53 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS FOR A COMMERCIAL SUBDIVISION OF 30.42 GROSS ACRES LOCATED ON THE SOUTHEAST CORNER OF STATE ROUTE 60 AND PEDLEY ROAD, AND APPROVING GENERAL PLAN AMENDMENT NO. 1203, TENTATIVE PARCEL MAP NO. 36060, VARIANCE NO. 1203, CONDITIONAL USE PERMIT NO. 1202 AND SITE DEVELOPMENT PERMIT NO. 31203 TO PERMIT THE SUBDIVISION OF APPROXIMATELY 30.42 GROSS ACRES LOCATED ON THE SOUTHEAST CORNER OF STATE ROUTE 60 AND PEDLEY ROAD INTO 13 COMMERCIAL PARCELS ” (“Resolutio n No. 2015 -53” or “Project” ). Resolution 2015 -53 contains the Conditions of Approval for th e Project as described in Resolution 2015 -53 and the Development Agreement.
(c) On October 15, 2015, following a duly noticed public hearing, the City Council introduced Ordinance No. 2015-16 and on November 5, 2015, the City Council held the second reading and adopted Ordinance No. 2015-16 entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING THAT CERTAIN
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY AND RBE GLENDORA LLC; NJK FAMILY HOLDINGS LLC; AND SGS FAMILY HOLDINGS LLC” (“Development Agreement”).
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(d) The prop erty that is the subject of the Development Agreement is approximately 30.42 acres in size, is generally bounded on the west by the Pedley Road, on the south by the Pedley Road, on the east by Bravo Estates Mobile Home Park, and on the north by State Route 60 and within the City of Jurupa Valley, the County of Riverside, State of California, as described in Exhibit “A” to the Development Agreement (“Property”). (e) The Development Agreement was recorded on July 29, 2016, as Document No. 2016-0320558 in the Official Records of the County of Riverside. (f) On February 1, 2018, City and Developer executed the First Operating Memorandum to the Development Agreement to confirm that the Effective Date of the Development Agreement is December 7, 2015, and to correct the scriveners error in Section 4.A.3 of the Development Agreement.” (“First Operating Memorandum”). (g) On September 14, 2022, the Planning Commission of the City of Jurupa Valley held a duly noticed public hearing to consider a Previous Environmental Document Review Determination and the First Amendment. After hearing and considering public comments, the Planning Commission adopted Resolution No. 2022-09-14-03, entitled “ A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF JURUPA VALLEY RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY (1) APPROVE THE “FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF JURUPA VALLEY, A MUNICIPAL CORPORATION AND RBE GLENDORA LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY, NJK FAMILY HOLDINGS LLC, A
CALIFORNIA LIMITED LIABI LITY COMPANY, AND SGS FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT) ,” AND (2)
MAKE FINDINGS PURSUANT TO CEQA AND DETERMINATIONS THAT NO FURTHER CEQA REVIEW IS REQUIRED.”
(h) On October 20, 2022, the City Council of the City of Jurupa Valley held a duly noticed public hearing to consider approval of the a Previous Environmental Document Review Determination and the First Amendment. The City Council heard and considered all public comments.
(i) The City Council has reviewed the potential impacts of the First Amendment and the variou s potential benefits to the City of the First Amendment and has concluded that the First Amendment is in the best interests of the City. (j) City and RBE Glendora LLC, NJK Family Holdings LLC and SGS Family Holdings LLC (collectively, the “Developer”) desire to enter into the First Amendment for purposes of: (i) identifying the terms, conditions and regulations for the development of the Property; and (ii) identifying the Developer’s obligations to make certa in Community Benefit Contribution on the terms and conditions set forth in the Development Agreement. (k) The First Amendment w ill provide for both parties: (1 ) a high quality development on the Property ; (2) certainty in the type of development to b e undertaken on the Property; (3 ) the assurance of adequate public facilities to ensure the good of the community -3-
12774-0113\2709356v1.doc
regardless of the City’s legal authority to impose such requirements under constitutional or statutory authority; and (d) the development of quality retail development for the City. (l) For the City, the First Amendment serves to provide for: (a) employment growth anticipated to result from the development of the Property, both during construction and use; (b) an increase in tax revenues anticipated to result from the development of the Property; and (c) the achievement of the goals and directives of the City’s General Plan. (m) The City Council has determined that the First Amendment to the Development Agreement and completion of the Project is consistent with the City of Jurupa Valley General Plan, including the goals and objectives thereof and each element thereof, in that the First Amendment and completion of the Project will:
1) Provide necessary services to the nearby community and freeway passerby.
2) The Project will generate new short term and long term quality employment opportunities within the City.
3) New business in the City will serve to attract additional new commercial uses and thus generate additional long term jobs within the City. 4) The Project will expand and enhance the City’s tax base through increased property values and consumer purchasing. The Project will generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City.
New sales tax revenues will be generated for the City at the retail and restaurant uses. Additionally, the City’s portion of the property taxes generated by the construction of the Proj ect will be substantially increased.
5) The Project preserve s and enhance s the job/housing balance described in the City’s General Plan and various regional plans. 6) The Project will promote the stability and diversification of the City’s economy.
Section 2. California Environmental Quality Act Findings . The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project:
(a) Pursuant to CEQA and the City’s local CEQA Guidelines, City staff has considered the potential environmental impacts of the Project. City staff has also reviewed the Final Environmental Impact Report ( “FEIR”) for the Project certified by th e City Council on October 15, 2015, including the impacts and mitigation measures identified therein, and prepared a Previous Environmental Document Review Determination in accordance with CEQA for the Project. Based on that review, the City of Jurupa Valley Planning Department has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not -4-
12774-0113\2709356v1.doc
involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (b) The City Council has independently reviewed the Previous Environmental Document Review Determination, and based upon the whole record before it, the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and 2) All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (c) The custodian of records for the prior FEIR, Previous Environmental Document Review Determination, and all other materials that constitute the record of proceedings upon which the City Council determination is based, is the Planning Department of the City of Jurupa Valley. Those documents are available for public review in the P lanning Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.
Section 3. Approval of the First Amendment. The City Council of the City of Jurupa Valley hereby approves that certain “FIRST AMENDMENT TO 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 COMPANY AND RICHMOND AMERICAN HOMES OF MAR YLAND, INC., A MARYLAND CORPORATION (PEDLEY ROAD PROJECT)” and authorizes the Mayor to execute the First Amendment in substantially the form attached hereto as Exhibit “A” to this Ordinance.
Section 4. 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 O rdinance. 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 5. 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 6. 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 Counc il of the City of Jurupa Valley on this 3rd day of November, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
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12774-0113\2709356v1.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-19 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 20th day of October, 2022, and thereafter at a regular meeting held on the 3rd day of November, 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 3rd day of November, 2022. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
ATTACHMENT 1a:
EXHIBIT A - FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 1402A1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Jurupa Valley 8930 Limonite Avenue
Jurupa Valley, CA 92509 Attention: City
Clerk
APNS: Space Above This Line for Recorder’s Use
(Exempt from Recording Fees per Gov’t Code § 6103
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF JURUPA VALLEY , A MUNICIPAL
CORPORATION AND RBE GLENDORA LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, NJK FAMILY HOLDINGS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, AND SGS FAMILY HOLDINGS LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY (PEDLEY ROAD
PROJECT)
THIS FIRST AMENDMENT (“ First Amendment”) to the Development Agreement by and between the City of Jurupa Valley, a California municipal corporation and general law city existing under the Con stitution of the State of California (“ City”), and RBE Glendora LLC, a California limited liability company, NJK Family Holdings LLC, a California limited liability company, and SGS Family Holdings LLC, a California limited liability company (collectively “Developer”) dated October 6, 2015 as Document No. 2016 -0033470 (the “ Development Agreement”) is made and entered into by and between City and Developer. In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, City and Developer agree as follows:
RECITALS
This First Amendment is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the Parties:
A. All capitalized terms used but not defined herein shall have the meanings ascribed such terms in the Development Agreement.
B. On October 15, 2015, following a duly noticed public hearing, the City Council introduced Ordinance No. 2015-16 and on November 5, 2015, the City Council held the second reading and adopted Ordinance No. 2015-16 approving the Development Agreement.
C. Section 3.A of the Development Agreement establishes an initial term of seven (7) years that commenced on the Effective Date, as set forth in Section 3.B of the Development Agreement.
D. Section 3.B of the Development Agreement provides that the Development Agreement “shall be effective, and the obligations of the parties hereunder shall be effective on -2-
the date that Ordinance No. 2015-16 approving [the Development Agreement] becomes effective.” Section 3.B also required City and Developer to “approve an Operating Memorandum pursuant to Section 3.E.4. confirming the Effective Date” of the Development Agreement.
E. On February 1, 2018, City and Developer executed the First Operating Memorandum to the Development Agreement (“First OM”) to confirm that the Effective Date of the Development Agreement is December 7, 2015 , and to correct the scriveners error in Section
4.A.3 of the Development Agreement.
F. Pursuant to Section 3.E.4. of the Development Agreement, the First OM became part of the Development Agreement and is required to be attached to the Development Agreement as an addendum.
G. The Development Agreement is currently valid through December 7, 2022.
H. The property that is the subject of the Development Agreement is approximately
30.42 acres in size, is generally bounded on the west by Pedley Road, on the east by Bravo Estates Mobile Home Park, and on the north by the State Route 60. The property is referred to as Assessor’s Parcel Nos. 169 -070-028, 169-070-029, 169-004-027, and is described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full (“Property”).
I. Due to economic constraints caused by the rise of e-commerce and its displacement of brick-and-mortar retail, and the stay- at-home orders issued in response to the COVID-19 outbreaks, development of the Property was not economically feasible.
J. De veloper and City now believe that existing market conditions make the development of the Property economically feasible and wish to extend the terms of the Development Agreement for an additional seven years.
K. The Parties now desire to amend the Development Agreement pursuant to S
ection 3.E. thereof as set forth herein, including adding to the Development Agreement, for ease of reference, the First OM revision to Section 4.A.3 of the Development Agreement.
AGREEMENT
NOW, THEREFORE, with reference to the foregoing Recitals, and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Parties agree as follows:
1. Amendments to
Development Agreement. On October 20, 2022, the Parties hereby agree to the following amendments to the Development Agreement:
a. Section 3.A of the Devel opment Agreement is hereby amende d to extend the Term of the Development Agreement from December 7, 2022 to December 7, 2029. b. As set forth in Section 3 of the First OM and restated herein, due to a scrivener’s error, Section 4.A.3 of the Development Agreement is hereby deleted in its entirety and replaced with the following:
-3-
“Subsequent Development Approvals. City shall accept for processing, review and action all applications for Subsequent Development Approvals, and City staff shall use their reasonable efforts to process such applications in an expeditious manner, taking into account the City’s staffing levels, and all requisi te development fees shall be calculated and paid at such time as payment for such fees in due and payable, for all or a portion of the Property. City further agrees that, unless otherwise requested by Developer, it shall not, without good cause, amend or rescind any Subsequent Development Approvals respecting the Property after City has granted the same. Modifications to the Development Approvals shall be processed by the City Planning Director in accordance with Section 18.43, Applications for Modifications to Approved Permits, or Section 21.34d, Fast Track Project, of Riverside County Ordinance No. 348 as adopted by reference by the City of Jurupa Valley by Ordinance No. 2011-10, as applicable.” c. Section 6.A.1 of the Development Agreement is deleted in its entirety and replaced with the following new Section 6.A.1:
Developer agrees to pay the Development Impact Fees, as defined in Chapter 3.75 of the Jurupa Valley Municipal Code (Ordinance No. 2021 -02, as amended by Ordinance No. 2022-08) (“DIF”) based on the DIF rate schedule attached hereto as Exhibit B and incorporated herein by this reference as though set forth in full. The DIF and the DIF rate schedule set forth in this First Amendment shall be the sole DIF and DIF rate schedule imposed upon parcels within the Property for the Term of the Development Agreement.
2. Miscellaneous
a. Full Force and Effect . This First Amendment, together with the Development Agreement and the First OM , constitute s the entire agreement between City and Developer regarding the matters set forth herein or therein, and supersedes any and all prior and/or contemporaneous oral or written negotiations, agreements or understandings. Except as otherwise specifically provided herein, the Development Agreement shall remai n unmodified and shall continue in full force and effect.
b. Counterparts; Execution by Facsimile . This First Amendment may be signed by the Parties in two or more counterparts which, when taken together, shall constitute one and the same instrument. This First Amendment may also be delivered by e -mail or facsimile transmission with the same force and effect as if the originally executed copies of this First Amendment were delivered to all Parties.
c. Exhibits. The following Exhibits are attached to this Agree ment and incorporated herein as though set forth in full:
1) Exhibit A: Description of Property;
2) Exhibit B: DIF Fees;
[signatures on following page]
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IN WITNESS WHEREOF, Developer and City have executed this First Amendment as of the date first written above.
“CITY”
CITY OF JURUPA VALLEY,
a California municipal corporation
___________________________________
Gary Thompson, City Manager
“DEVELOPER”
RBE GLENDORA LLC,
a California limited liability company
By: __________________________
Name: __________________________
Its: __________________________
ATTEST:
_________________________________
Victoria Wasko, CMC, City Clerk
NJK FAMILY HOLDINGS LLC,
a California limited liability company
By: __________________________
Name: __________________________
Its: __________________________
APPROVED AS TO FORM:
RICHARDS WATSON & GERSHON
_________________________________
Peter M. Thorson, City Attorney
SGS FAMILY HOLDINGS LLC,
a California limited liability company
By: __________________________
Name: __________________________
Its: __________________________
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF JURUPA
VALLEY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF PARCEL MAP 22586, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 153. PAGES 7 THROUGH 10, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
PARCEL 3 OF PARCEL MAP 22586, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 153, PAGES 7 THROUGH 10, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C:
PARCEL 4 OF PARCEL MAP 22586, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 153, PAGES 7 THROUGH 10, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 169-040-027, 169-070-028 & 029
EXHIBIT B
DEVELOPMENT IMPACT FEES APPLICABLE TO THE PROJECT
Development
Impact Fee
Retail/Service/Office Uses
Per Square Foot
General Government Facilities $0.022
Fire Protection Facilities $0.134
Circulation System Facilities $5.061
Park Facilities Improvement -
Library Collection and Computers -
Total DIF $5.217
ATTACHMENT 2:
PLANNING COMMISSION
RESOLUTION NO. 2022-09-14-03
Resolution 2022-09-14-03 1
RESOLUTION NO. 2022-09-14-03
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF JURUPA VALLEY RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF JURUPA VALLEY (1)
APPROVE THE “FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF JURUPA VALLEY, A MUNICIPAL
CORPORATION AND RBE GLENDORA LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, NJK
FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AND SGS FAMILY HOLDINGS
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
(PEDLEY ROAD PROJECT), ” AND (2) MAKE FINDINGS
PURSUANT TO CEQA AND DETERMINATIONS THAT NO
FURTHER CEQA REVIEW IS REQUIRED
THE PLANNING COMMISSION OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
Section 1. Recitals.
(a) RBE Glendora LLC; NJK Family Holdings LLC; and SGS Family Holdings LLC (collectively, the “Applicant” ) have applied for a First Amendment to that certain “Development Agreement Pedley Road and 60 Freeway by and between the City of Jurupa Valley and RBE Glendora LLC; NJK Family Holdings LLC; and SGS Family Holdings LLC” (“Development Agreement”) recorded on July 29, 2016, as Document No. 2016 -0320558 in the Official Records of the County of Riverside concerning the development of 13 commercial parcels on approximately 30.42 gross acres on the real property located on the southeast corner of St ate Route 60 and Pedley Road (APNs: 169 -040-017; 169-040-019; 169-070-028; and 169-070-029) (the “Project”).
(b) The Applicant seeks to amend the Development Agreement to (1) extend the term of the Development from December 7, 2022 to Dec ember 7, 2029, (2) revise provisions related to subsequent development approvals, and (3) have the Applicant pay development impact fees (“DIF”) based on the amounts set forth in Ordinance No. 2021-02, as amended by Ordinance No. 2022-08, rather than the DIF rates in effect in 2015, plus 10% (“First Amendment”).
Section 2. Procedural Findings. The Planning Commission of the City of Jurupa Valley does hereby find, determine and declare that:
(a) California Government Code Sections 65864 -65869.5 (the “Development Agreement Act”) authorize City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property.
Resolution 2022-09-14-03 2
(b) Section 65867 of the Development Agreement Act provides t hat a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in Government Code Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
(c) Section 65867.5(b) of the Development Agreement Act provides that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. (d) Section 65868 of the Development Agreement Act provides that a development agreement may be amended … in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend … any portion of the agreement shall be given in the manner provided by Section 65867. An amendment to an agreement shall be subject to the provisions of Section 65867.5. (e) The application was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (f) On September 14, 2022, the Planning Commission of the City of J urupa Valley held a public hearing on the First Amendment to the Development Agreement at which time all persons interested in the amendments 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.
(g) All legal preconditions to the adoption of this Resolution have occurred.
Section 3. California Environmental Quality Act Findings. The Planning Commission of the City of Jurupa Valley hereby recommends that the City Council of the City of Jurupa Valley make the following environmental findings and determinations in connection with the approval of First Amendment to the Development Agreement:
(a) Pursuant to CEQA and the City’s local CEQA Guidelines, City staff has considered the potential environmental impacts of the Project. City staff has also reviewed the Final Environmental Impact Report ( “FEIR”) for the Project certified by th e City Council on October 15, 2015, including the impacts and mitigation measures identified therein, and prepared a Previous Environmental Document Review Determination in accordance with CEQA for the Project. Based on that review, the City of Jurupa Valley Community Development Department has determined that the Project an d the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impa cts to a level that is less than significant.
Resolution 2022-09-14-03 3
(b) The City Council has independently reviewed the Previous Environmental Document Review Determination, and based upon the whole record before it, the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and 2) All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (c) The custodian of records for the prior FEIR, Pre vious Environmental Document Review Determination, and all other materials that constitute the record of proceedings upon which the City Council determination is based, is the Community Development Department of the City of Jurupa Valley. Those documents are available for public review in the Community Development Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.
Section 4. Findings for Recommendation of Approval of First Amendment to Development Agreement. The Planning Co mmission of the City of Jurupa Valley does hereby recommend that the City Council of the City of Jurupa find and determine that the proposed First Amendment to the Development Agreement should be approved because:
(a) The First Amendment to the Development Agreement is consistent with the 2017 City of Jurupa Valley General Plan, including the goals and objectives thereof an d each element thereof, in that it:
1) Provides necessary services to the nearby community and freeway passerby.
2) The Project will generate new short term and long term quality employment opportunities within the City.
3) New business in the City will serve to attract additional new commercial uses and thus generate additional long term jobs within the City. 4) The Project will expand and enhance the Ci ty’s tax base through increased property values and consumer purchasing. The Project will generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City.
New sales tax revenues will be generated for the City at the retail and restaurant uses. Additionally, the City’s portion of the property taxes generated by the construction of the Project will be substantially increased.
5) The Project preserves and enhances the job/housing balance described in the City’s General Plan and various regional plans.
Resolution 2022-09-14-03 4
6) The Project will promote the stability and diversification of the City’s economy.
Section 5. Recommendation of Approval of First Amendment to the Development Agreement . Based on the foregoing, the Planning Co mmission hereby recommends that the City Council of the City of Jurupa Valley approve the proposed First Amendment to that certain Development Agreement by and between the City of Jurupa Valley and RBE Glendora LLC; NJK Family Holdings LLC; and SG S Family Holdings LLC recorded on July 29, 2016 , as Document No. 2016 -0320558 in the Official Records of the County of Riverside.
Section 6. Certification. The Community Development Director shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTE D by the Planning Commission of the City of Jurupa Valley on this 14th day of September, 2022.
______________________________
Hakan Jackson
Chair of Jurupa Valley Planning Commission
ATTEST:
_______________________________
Joe Perez
Community Development Director/Secretary to the Planning Commission ATTACHMENT 3:
PREVIOUS ENVIRONMENTAL
DETERMINATION FOR DA1402A1
Previous Environmental Determination
Pedley Crossings Shopping Center
Development Agreement No 1402
Amendment 1
Lead Agency
City of Jurupa Valley
8390 Limonite Avenue
Jurupa Valley, CA 92509
Contact: Roberto Gonzalez, Senior Planner
(951) 332-6464 ext. 149
[email protected]
Project Proponent:
RBE
21800 Oxnard Street, Suite 500
Woodland Hills, CA. 91367
August 25, 2022
DA 1402A1
Previous Environmental Determination
August 25, 2022
2 1.0 DETERMINATION
Based on the evaluation in Section 4.0 of this document, I find that all potentially s ignificant effects have been avoided or mitigated according to the Final Environmental Impact Report (State Clearinghouse (SCH) #20 08121072), City of Jurupa Valley Master Application 1 202, certified on October 15 , 20 15. Ther efore, the Project is “within the scope” of the previously certified EIR. According to PRC §21166 and CEQA Guidelines §15162, CEQA does not require the preparation of any further environmental review.
City of Jurupa Valley
Signature Lead Agency
Joe Perez, Community Development Director August 25, 2022 Printed Name/Title Date
2.0 PREVIOUS ENVIRONMENTAL DETERMINATION (PED)
Once a n environmental impact determination under the California Environmental Quality Act (CEQA) has been approved or certified for a project, no further action is required unless further discretionary approval for that project is required. CEQA Guidelines §15162 Subsequent EIRs and Negative Declarations , allows a previously certified EIR or adopted Mitigated Negative Declaration (MND) to be used as the environmental assessment for a project requiring further discretionary approval if it is determined that the Project currently under review does not propose substantial changes to the previously adopted or certified CEQA documentation th at would:
1) Create one or more new significant impacts.
2) Create impacts that are more severe.
3) Require major revisions to the CEQA document.
This PED has been prepared to determine if the request for is within the scope of the analysis contained in the Final Environmental Impact Report (FEIR) SCH # 2008121072, City of Jurupa Valley Master Application (MA) 1202, certified on October 15, 2015, and to ensure that the by approving the request for the Development Agreement Amendment No. 1 (DA 1402A1),( request for an extension of time ), the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. (See Table 1: Summary of Impacts and Mitigation Measures)
DA 1402A1
Previous Environmental Determination
August 25, 2022
3 The previously certified FEIR is on file with the City of Jurupa Valley Planning Department, 8930 Limonite Avenue, Jurupa Valley, CA 92509, and is hereby incorporated by reference according to CEQA Guidelines Section 15150.
3.0 PROJECT DESCRIPTION
The applicant is requesting an extension of time on the approved Development Agreement from October 15, 2015 and due to expire on December 7, 2022. The approved development was for an approximately 265, 978 square foot shopping center , referred to as the P edley Crossings Shopping Center (Project). The Project approval included a General Plan Amendment (GPA) 1203, a Change of Zone (CZ) 1202, a Tentative Tract Map (TTM) No. 36060, a Conditional Use Permit (CUP) 1202, Site Development Plan (SDP) 31203, and the Development Agreement (DA) 1402.
The Project site is on approximately 30.42 acres.
A DA is a contract entered into by the City and a developer to expressly define a development project's rules, regulations, commitments, and policies for a specific period of time. The request for an extension of time only deals with the length of time the DA is in effect, it does not change any of the existing development or CEQA requirements imposed on the Project in 2015.
Table 3 -1 provides the Project’s proposed building types, building size per the site plan, and building size analysis in the FEIR.
Table 3-1: Proposed Building Size and Analyzed Building Size Building Type Building Size (square feet) in
the Proposed Site Plan
Building Size (square feet)
for Environmental Analysis
Shopping Center 258,665 292,687
Fast-Food Restaurant 3,813 3,813
Fuel Center 3,500 3,500
Total 265,978 300,000
The Project site is located on the southeast corner of State Route (SR) 60 and Pedley Road and is also identified by the following Assessor Parcel Numbers (APNs): 169-040-017, 169-040-019, 169- 070-028, and 169-070-029.
4.0 ANALYSIS
The following analysis incorporates the adopted Mitigation Monitoring and Reporting Program (MMRP) adopted with the Project FEIR and imposes the measures identified below.
DA 1402A1
Previous Environmental Determination
August 25, 2022
4 Plans, Policies, or Programs (PPP) These include existing regulatory requirements such as plans, policies, or programs applied to the Project -based based on federal, state, or local law currently in place, which effectively reduce environmental impacts. Mitigation Measures (MM) These measures include requirements that are imposed where the impact analysis determines that implementation of the proposed Project would result in significant impacts; mitigation measures are proposed in accordance with the provisions of CEQA.
Previously Identified Environmental Impacts
The adopted Final Environmental Impact Report (FEIR) determined that the previously approved Project Area would result in no impacts or less than significant environmental impacts under the following issue areas: Agricultural Resources, Mineral Resources, Population and Housing, and Recreation.
The certified FEIR determined that the previously approved Project would result in potentially significant impacts to Aesthetics, Biological Resources, Cultural Resources (archaeological and paleontological), Geology and Soils , Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services and Facilities, and Utilities and Service Systems . With mitigation each issue area impacts were determined to be less than significant with mitigation incorporated.
The certified FEIR determined that the previously approved Project would result in significant and unavoidable impacts to Air Quality, and Transportation.
Site Conditions
When the Project was approved in 20 15, the Project site was primarily vacant and contained a single-family residential structure, outbuilding, and foundation remains of previous structures on the southeastern portion of the site . The single-family residence, outbuilding, and foundations have been cleared and site vacant remains undeveloped and in the same physical condition it was in 2015, the baseline year in which the P roject was evaluated. Because the area of ground disturbance will remain the same, impacts relating to Biological Resources, Agriculture and Forestry Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Trib al Cultural Resources, and Wildfire would not change the level of significance conclusions contained in the FEIR.
Changes in Land Use or Intensity of Uses
The Project request for an extension of time does not introduce new land uses, or increase the intensity of any use as evaluated in the 2015 FEIR and impacts will remain the same as described in the FEIR.
DA 1402A1
Previous Environmental Determination
August 25, 2022
5 Conclusion:
The project site remains substantially in the same physical condition as it was in 20 15 when evaluated under the FEIR . With approval of the Development Agreement Amendment No. 1 (DA1402A1) the proposed Project is in conformance with the certified FEIR.
The project is required to comply with the existing PPPs and MMs per Resolution Number 2015- 53 certifying the FEIR.
With implementation of PPPs and MMs described in Table 1, the Project would not create one or more new significant impacts; create impacts that are more severe; or require major revisions to the Final Environmental Impact Report SCH #20 08121072, City of J urupa Valley Master Application (MA) 1202,certified on October 15, 2015.
Table 1. Summary of Impacts and Mitigation Measures
Environmental
Topic/Threshold
Mitigation Measures (MM) Required to Reduce Impact Level of Significance
Aesthetics
Impact 4.1-1: Operation of
electronic message board
could produce significant
lighting and glare impacts.
MM 4.1-1: Prior to operation of the electronic message board, the City of Jurupa Valley will prepare, and the applicant will agree to abide by, written standards for operation, which must include (at a minimum) the following restrictions, as
recommended by the Federal Highway Administration’s
Memorandum titled, “Guidance on Off -Premise Changeable Message Signs,” dated September 25, 2007:
1. Duration of Message: The duration of each display will be a minimum of 8 seconds.
2. Transition Time: The transition time between messages will be no more than 2 seconds.
3. Brightness: Brightness of the sign must adjust to changes in ambient lighting levels.
The standards for operation must also require the City to periodically re -evaluate brightness controls and shielding to ensure lighting from the sign does not become a nuisance to residences.
Less than
Significant
Air Quality
Impact 4.2-1: Project
construction would exceed
the Localized Significance
Threshold (LST) for PM-2.5
during the site preparation
MM 4.2-1: The following dust suppression techniques, or combination thereof, shall be implemented during
construction activities. Appropriate notes shall be included on any grading permit or building permit:
Significant
and
unavoidable.
DA 1402A1
Previous Environmental Determination
August 25, 2022
6 phase, and the LST for PM-10
during both the site
preparation and grading
phases. Maximum daily
emissions from construction
activities would also exceed
the SCAQMD daily threshold
for PM-10 by as much as
228.2 pounds per day.
All disturbed and unvegetated surfaces shall be
watered three times daily to reduce dust. If portions
of the construction site are to remain inactive longer
than a period of thirty (30) days, the exposed surfaces shall be seeded and watered until vegetative cover is
grown, or otherwise stabilized in a manner acceptable
to the City. Alternatively, an application of dust
suppressants can be applied in sufficient quantity and
frequency to maintain a stable surface.
All unpaved on-site roads shall be watered
periodically or chemically stabilized, and shall be
paved if feasible based on daily vehicle usage.
Public streets shall be swept daily to remove soil
tracked onto the paved surface by vehicles leaving the
construction site. Any visible soil track-out extending more than fifty (50) feet from the access point shall
be swept or washed twice per day and one sweeping
or washing shall occur after the last truck of the day
exits the site.
Water spray shall be provided during loading and
unloading for use on earthen materials.
All material transported offsite shall be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
All trucks hauling dirt, sand, gravel or soil shall be covered and shall maintain at least six inches of
freeboard in accordance with Section 23114 of the
California Vehicle Code.
All vehicles on the construction site shall travel at speeds less than 15 miles per hour.
All material stockpiles subject to wind erosion during construction activities, and which will not be utilized within three days, shall be stabilized with extra water, chemical stabilizers or temporary covers.
Baghouses shall be installed on crushing equipment.
Impact 4.2-2: NOx exhaust
emissions from heavy
construction equipment
would exceed the SCAQMD
threshold by up to 211.2
pounds per day during
grading.
MM 4.2-2: The following emissions controls and practices, or combination thereof, shall be applicable to all vehicles and construction equipment for the reduction of diesel exhaust emissions. The controls and practices shall be included in contractor specification documents, and shall be implemented during construction activities.
During construction, ozone precursor emi ssions from
all diesel -powered vehicles and construction
equipment shall be controlled by maintaining
equipment engines in good condition and in proper
Significant
and
unavoidable.
DA 1402A1
Previous Environmental Determination
August 25, 2022
7 tune per manufacturers’ specifications. Equipment
maintenance records and equipment design
specification data sheets shall be kept on site during
construction. Compliance with this measure shall be
subject to periodic inspections by the City Building &
Safety Department.
All diesel -powered on -road trucks and off -road
equipment shall be subject to five (5) -minute idling
time limits and/or shall be turned off when not in use
for more than five (5) minutes. Gasoline -powered
equipment shall be turned off immediately when not
in use.
To reduce traffic congestion and resulting NOx
emissions, the contractor shall submit a traffic control plan prior to issuance of grading permits. The plan shall provide detailed description of safe detours to prevent traffic congestion to the best of the project’s ability, and it shall provide temporary traffic control measures during construction activities that will allow both
construction and on -street traffic to move with less
than five-minute idling times. The plan shall include, as necessary, appropriate and practicable, the following:
dedicated turn lanes for movement of construction
trucks and equipment on and off site,
scheduling lane closures, receipt of construction
materials, and other construction-related activities
that affect traffic flow on the arterial system to off- peak hours,
rerouting of construction trucks away from
congested streets or sensitive receptors,
encouraging car-pooling for construction workers,
and
To reduce construction vehicle emissions, contractor
specification packages shall require the following
emissions controls for all excavators, graders, dozers, scrapers and tractor/loader/backhoes used during
grading operations:
All heavy equipment shall meet Tier 3 off -road
emissions standards or better.
All heavy equipment shall use Level 3 Diesel
Particulate Filters (DPF) to reduce PM -10 and PM-
2.5 emissions.
All heavy equipment shall use Diesel Oxidation
Catalysts capable of achieving a 40 percent
reduction in NOx.
DA 1402A1
Previous Environmental Determination
August 25, 2022
8 Impact 4.2-3: CO emissions
would exceed the SCAQMD
threshold by up to 120
pounds per day on days when
blasting occurs. Blasting
would also result in NOx
emissions exceeding
thresholds.
MM 4.2-3: To ensure blasting does not cause CO emissions to exceed the daily threshold of significance, and to reduce the severity of impacts related to NOx, blast charges will be limited to 16,400 pounds of ANFO per day.
Less Than
Significant
Impact 4.2-4: ROG emissions
would exceed the SCAQMD
threshold by as much as 12.3
pounds per day during
application of paints and
coatings.
MM 4.2-4: To reduce ROG emissions, the following emissions controls and practices shall be included in contractor
specification do cuments for implementation during the
application of paints and coatings:
The construction contractor shall use pre -coated
building materials to the extent available and feasible. The construction contractor shall use water -based or low VOC coatings that comply with the most stringent
SCAQMD Rule 1113 limits.
The construction contractor shall employ an extended
painting schedule using fewer than 100 gallons per day
of low-VOC paint.
The construction contractor shall use high pressure - low volume (HPLV) paint applicators with high transfer
efficiency and may apply coatings manually.
Significant
and
unavoidable
Impact 4.2-5: NOx emissions
from regional automobile
travel would exceed the
SCAQMD threshold by as
much as 45.7 pounds per day
during project operational
activities at full buildout.
MM 4.2 -5: Local transit agencies shall be contacted to determine bus routing in the project area that can
accommodate bus stop at the project access points and the project shall provide bus passenger benches and shelters at this location.
MM 4.2 -6: The project will be required by the Building and Safety Department to provide preferred parking for low - emitting and fuel-efficient vehicles. Proof of compliance will be required, prior to the approval of the project’s Parcel Map.
MM 4.2 -7: The project will be required by the Building and Safety Department to provide secure bicycle racks. Proof of compliance will be required, prior to the approval of the project’s Parcel Map.
Significant
and
unavoidable
Biological Resources
Impact 4.3-1: Project
construction could result in
the removal of existing trees
and brush on the site during
the bird nesting season,
which would conflict with the
MM 4.3-1: The following measures will be implemented prior to issuance of a grading or building permit. Appropriate notes will be included on any grading permit, building permit, or final map.
Within 30 days prior to site clearing during the nesting season (February 1 – August 15), a qualified biologist
Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
9 Migratory Bird Treaty Act and
California Fish and Game
Code Sections 3503, 3503.5,
and 3800 by causing a take of
birds or their nests or eggs.
will conduct a preconstruction migratory bird and
raptor nesting survey. Surveys need not be conducted
for the entire project site at one time; they may be
phased so that surveys occur shortly before a portion
of the site is disturbed. The surveying biologist must
hold a Memorandum of Understanding with Riverside
County, or otherwise be approved by the City of Jurupa
Valley. The biologist will determine the status and
stage of nesting of migratory birds and all locally
breeding raptor species without causing intrusive
disturbance. This survey shall include species
protected under the Migratory Bird Treaty Act. The
survey will cover all reasonably potential nesting
locations for the relevant species on or closely adjacent to the project site.
If an active nest is confirmed by the biologist, no
construction activities may occur within at least 300
feet of the nesting site until the end of the breeding
season when the nest is confirmed to be no longer in
use and the young have fledged. California Department
of Fish and Game will be notified of the identification of active nests and will be consulted regarding
resumption of construction activities.
Cultural Resources
Impact 4.4-1: Implementation
of the project could result in
significant impacts through
demolition, destruction,
relocation, or alteration to
previously-unidentified
prehistoric and historic
resources that could be
exposed during grading
activities.
MM 4.4 -1: Prior to the issuance of grading permits, the developer/permit holder will retain and enter into a monitoring and mitigation service contract with a qualified archaeologist for mitigation services. This professional will be known as the “Project Archaeolog ist.” The Project Archaeologist will be included in the pre -grade meetings to provide
cultural/historical sensitivity training, including the establishment of set guidelines for ground disturbance in sensitive areas consistent with MM 4.4 -2, with the gradi ng contractors and any required tribal or special interest monitors.
The Project Archaeologist will manage and oversee monitoring for all mass or rough grading activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, and structure demolition. The requirement for monitoring only applies where native soils are impacted, and does not apply to areas of rock excavation. The Project Archaeologist will have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required tribal or special interest monitors. Monitoring may be stopped or reduced if in the professional opinion of the Project Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
10 Archaeologist, and with the concurrence of the Jurupa Valley Community Development Department , there is no further
need for monitoring after a reasonable period of monitoring with negative results.
The developer/permit holder will submit a fully-executed copy of the contract to the Community Development Department to ensure compliance with this mitigation measure.
MM 4.4 -2: The developer/permit holder or any successor in interest will comply with the following for the life of the project:
If during ground disturbance activities, cultural resources are discovered that were not assessed by the archaeological reports and/or environmental assessment conducted prior to project approval, the following procedures wil l be followed. A cultural resources site is defined, for this condition, as being three or more artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to it sacred or cultural importance. All ground disturbance activities within 100 feet of the discovered cultural resource will be halted until a
meeting is convened between the developer, the
Project Archaeologist, the Tribal Monitor, and the
Planning Director to discuss the significance of the find.
The meeting should be scheduled within 2 working
days of the find.
At the meeting, the significance of the discoveries will be discussed and after consultation with the Tribal
Monitor and the Project Archaeologist, a decision is
made, with the c oncurrence of the Planning Director,
as to the appropriate mitigation for the cultural
resource. Depending upon the nature of the find, such
mitigation may include documentation, storage and re-
internment onsite, or other appropriate actions to be
determined by the Project Archaeologist.
Prior to ground disturbance, the developer and Soboba Band of Luiseno Indians will enter into an agreement
related to the handling of cultural resources identified during development activities. The approved
agreement will be provided to the City and must
describe the appropriate measures to mitigate
impacts, such as:
Documentation of the archaeological find,
including photography and written descriptions. A
DA 1402A1
Previous Environmental Determination
August 25, 2022
11 copy of this documentation would be provided to
the Community Development Department.
Recovery of artifacts.
Coordination with and curation of artifacts at a
local or regional facility properly equipped for the
archiving of discovered resources, such as the San
Bernardino County Museum or the Natural History
Museum of Los Angeles County. The selected
facility must be approved by the Community
Development Department.
The City will be responsible for making the final determination on the appropriate handling of identified resources.
Impact 4.4-2: Implementation
of the project could result in
significant impacts to
unidentified prehistoric
archaeological resources
within the Traditional Use
Area identified by the Soboba
Band of Luiseno Indians and
Morongo Band of Mission
Indians.
MM 4.4 -3: Prior to the issuance of grading permits, the developer/permit holder will provide evidence to the City that appropriate Native American representative(s) will be allowed to monitor ground disturbance activities and have received or will receive a minimum of 15 days advance notice of mass grading activities in previously undisturbed soils. The length of advance notice may be reduced by the City if a Treatment and Disposition Agreement approved by the appropriate Native American representatives provides for a shorter notification period. The monitor will be known as the “Tribal Monitor” for the project. A Treatment and Dispositions Agreement will be prepared to address the treatment and ultimate disposition of cultural resources which may include repatriation and/or curation in a facility approved by the City of Jurupa Valley.
The Tribal Monitor will be allowed on -site at times when the Project Archaeologist is conducting archaeological monitoring during initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structural demolition, etc. The Tribal Monitor will have the limited authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with the Project Archaeologist. The
developer/permit holder will submit a fully executed copy of the agreement to the Juru pa Valley Community Development Department to ensure compliance with this mitigation
measure.
Less than
significant.
Impact 4.4-3: Implementation
of the project could result in
significant impacts through
MM 4.4-4: Prior to the issuance of grading permits, a qualified paleontologist will be retained by the project proponent and approved by the Jurupa Valley Community Development
Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
12 damage or destruction of
previously-unidentified
paleontological resources or
geologic features that could
be exposed during grading
operations located in the
alluvium and alluvial fan
deposits across the western
part of the project site.
Department to monitor ground-disturbing activity that occurs deeper than five feet below ground surface with the alluvium and alluvium fan dep osits located on the western part of the project site, as mapped on Figure 4.4 -2 of the project’s environmental impact report. This professional will be referred to as the “Project Paleontologist.” The duration and timing of monitoring will be determined by the Project Paleontologist in consultation with the Community Development Department
and based on the grading plans and paleontological surveys.
Initially, all ground -disturbing activities deeper than five feet will be monitored. However, during the cour se of monitoring, if it can be demonstrated that the level of monitoring should be reduced, the Project Paleontologist, in consultation with the Community Development Department, may adjust the level of monitoring to circumstances as warranted.
If a potentially significant fossil is found, the Project Paleontologist will be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation and, if necessary, salvage. Any fossils encountered and recovered will be catalogued and offered for donation to a public, non -profit institution with a research interest in the materials, as approved by the
Community Development Department . Accompanying notes,
maps, and photographs shall also be filed at the repository.
Following the completion of the above tasks, the Project Paleontologist will prepare a report documenting the absence or discovery of fossil resources on-site. If fossils are found, the report will summarize the results of the inspection program, identify those fossils encountered, recovery and curation efforts, and the methods used in these efforts, as well as describe the fossils collected and their significance. A copy of the report shall be provided to the Community Development Department.
Greenhouse Gas and Climate Change
Impact 4.6-1: Implementation
of the project could result in
an inconsistency with the
requirements of Assembly Bill
(AB) 32, which requires a 28.9
percent reduction in
emissions from the base
(“business-as-usual”) value.
MM 4.6 -1: Prior to occupancy of project facilities, the developer/permit holder shall develop a plan for
implementation of one or more mitigation strategies for the reduction of greenhouse gas (GHG) emissions from the report “Quantifying Greenhouse Gas Mitigation Measures” prepared by the California Air Pollution Control Officers Association (CAPCOA) in August 2012. The total benefit of the mitigation strategies must result in a minimum 5 percent reduction in GHG emissions from the busines s-as-usual value. Strategies Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
13 shall be chosen from, but not limited to, the measures within the following source categories (shown with anticipated minimum percent reduction by category, factoring in the source category’s share of total burden):
Transportation Control 4.2%
Water Supply 0.7%
Solid Waste 0.2%
Energy Efficiency 0.9%
(Electric and Natural Gas)
Miscellaneous unknown
Total GHG Reduction 6.0%
In addition to enhanced measures (e.g., exceeding Title 24 requirements by greater than 10%), alter native quantifiable strategies not listed in the CAPCOA report may be used with approval of the City of Jurupa Valley (City). The selected strategies, including measures for their long -term
maintenance, must be described in a memo submitted to and approved by the City Planning Department prior to occupancy of any on-site facility.
Noise
Impact 4.10-1: Construction-
period noise produced by the
rock crusher may exceed
daytime noise thresholds at
residential areas located
within 900 feet of the
crusher.
MM 4.10-1: Prior to initiation of operations at the rock crushing facility, the project proponent will mitigate noise impacts by using any combination of the following features surrounding the crusher:
Depression of the processing plant below grade and/or construction of a berm from materials spoils or stacked crushed rock to achieve a net 20-foot-high break in the direct line of sight to the closest residences.
Mounting of noise blanket panels with a Sound
Transmission Class (STC) rating of 25 or greater. The
sound blanket must be mounted to vertical steel
supports to form a 20 -foot-high solid surface wi thout cracks or gaps.
The berm and/or sound blankets must be placed as close as reasonably possible to the crusher, while allowing adequate space for vehicle movements and material handling.
Implementation of this measure is only required where a direct line of sight exists between the crusher and residential land uses within 900 feet of the crusher. Natural topography which breaks the line of sight will be considered to meet the purposes of t his mitigation measure. Should the City of Jurupa Valley determine that a direct line of sight between the crusher and residential structures within 900 feet of the crusher continues to exist with placement of the berms and/or sound blankets, Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
14 the City may mandate taller features such that the line of sight is blocked.
Impact 4.10-2: Construction-
period noise impacts from
haul trucks may result in a
substantial temporary or
periodic increase in ambient
noise levels in the project
vicinity.
MM 4.10-2: Noise measurements prepared to the satisfaction of City staff will be conducted once the rock crusher facility is fully operational and material is being removed from the site to ensure compliance with the City’s thresholds. If noise levels produced by haul trucks are found to create a significant impact by increasing noise levels by 5 dB or more at any residential dwelling, then the project applicant must implement one or more of the following mitigations to reduce the noise increase to below the 5 dB threshold:
Limiting the number of trucks per hour hauling
material from the site.
Relocation of the haul route on -site to reduce noise levels to residential areas.
Placement of berms, temporary walls, or sound
blankets along portions of the haul route.
New noise measurements are to be completed following
implementation of the mitigation measure to confirm City thresholds have been achieved.
Less than
significant.
Impact 4.10-3: Noise from
refrigerated trucks could
result in the nocturnal noise
standard being exceeded at
residences within Bravo
Estates.
.
MM 4.10-3: The project proponent will establish and enforce through lease restrictions or other applicable agreements with tenants, and through posted signage, a prohibition on
refrigerated vehicles using diesel engines to operate cooling systems while loading or unloading at any loading docks between the hours of 10:00 p.m. and 7:00 a.m.
The project proponent may request this mitigation measure be modified or removed if noise measurements prepared to the satisfaction of City staff and conducted following project build- out indicate that screening and/or topography at the site effectively reduce noise levels to below the nocturn al noise threshold.
Less than
significant.
Impact 4.10-4: Noise from
mechanical equipment could
exceed noise thresholds at
MM 4.10-4: Prior to issuance of building permits, the applicant will submit to the Building Department acoustical
specifications for project mechanical equipment (including, but not limited to, HVAC systems and trash compactors) located Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
15 residences within Bravo
Estates.
.
within 300 feet of residences. The Building Department will evaluate the acoustical specifications to determine if the proposed mechanical equipment would generate noise equal to or less than 54 dB at a distance of 50 feet from the equipment.
If the proposed equipment produces noise levels equal to or less than 54 dB at 50 feet, no further action is required. If the proposed equipment produces noise levels exceeding this threshold, additional analysis and mitigation may be required by the Building Department to ensure mechanical equip ment noise does not exceed daytime or nocturnal noise standards.
Measures that may be required by the Building Department include, but are not limited to, additional noise screening, relocated equipment, or higher project site boundary walls.
Impact 4.10-5: Noise from
parking lot cleaning and trash
pick-up could exceed noise
thresholds at nearby
residences.
MM 4.10-5: The project proponent will establish and enforce a requirement that parking lot sweeping and trash pick -up be confined to the hours of 7:00 a.m. to 10:00 p.m. behind commercial buildings located adjacent to residential land uses.
Less than
significant.
Impact 4.10-6: Vibrations
resulting from blasting
required during the grading
process could cause structural
damage to residences within
Bravo Estates.
MM 4.10 -6: Prior to the initiation of blasting during project construction, the applicant will provide to the Jurupa Valley Planning Department a copy of the complete Explosives Permit submitted to the Riverside County Sheriff’s Department. No transport or storage of explosive materials on the site is permitted until the Explosives Permit has been approved by the Sheriff’s Department.
Blasting will be conducted and supervised by a blaster who has a California State Blasting/Pyrotechnic Operator’s License and meets o ther requirements for the use of explosives, as determined by the Sheriff’s Department. The person identified in the Explosives Permit is referred to in this mitigation measure as the “Explosives Professional.”
Prior to the initiation of blasting activit ies, the project proponent will provide all residents and property owners within 0.25 mile of the project site’s boundary a notice advising them of planned blasting activities, including the duration and anticipated time of day of blasting. The notice will include contact information for the construction manager responsible for responding to questions and fielding complaints. The notice must be approved by the Director of the Planning Department prior to delivery to residents.
Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
16 The Explosives Professional will adhere to the Office of Surface Mining (OSM) Blasting Performance Standards published in Chapter 30 of the Code of Federal Regulations as it may apply to construction blasting rather than very large -scale surface coal mining. The Pedley project will a dhere to general Performance Standards including rule RI -8507 (b). Vibration limitations that are site-specific and less restrictive than those described in this mitigation measure may be established after professional inspection and evaluation for the exi sting conditions of the structures of concern. When the factual conditions for the structural competency has been reported for all adjacent structures of concern, conservative trial blasts may be used to verify the appropriate criteria and vibration attenuation values to insure the structures are not adversely affected. Continuous monitoring will afford the blaster in charge the opportunity to adjust blast design elements as a result of measured vibration responses to ensure consistent results:
a. At leas t 30 days before initiation of blasting, all residents and property owners within 0.25 mile of the
project site boundary will be notified.
b. Local property owners and residents may request a
pre-blast survey of their properties.
c. Where permitted by p roperty owners, a survey of
local structures and utilities will be conducted. Any
requested surveys dated more than 10 days before a
scheduled blast must be completed before blasting
initiation.
d. Survey reports will be provided to the Planning
Department and the affected residents.
e. A Notice of Intent to Perform Blasting will be
published in a local paper at least 10 days in advance
of the start of blasting activities.
f. Each local resident and property owner within 0.25
mile of the project site boundary will be provided with the preliminary blasting notification.
g. Public access to blast areas will be prohibited and
clear warning signs will be posted.
h. All blasting will be conducted from sunrise to sunset. i. Warnings and all -clear signals will be audible within
0.5 mile of the project site boundary.
DA 1402A1
Previous Environmental Determination
August 25, 2022
17 j. Airblast limits set by the regulatory authority may not be exceeded and will be periodically monitored for
compliance.
k. Flyrock may not travel any further than one-half the distance between the blast site and the closest homes.
l. Ground vibration will not exceed the limits
established in the U.S. Bureau of Mines Report of
Investigation 8507. Because RI 8507 did not test mobile or modular homes, a more conservative peak particle
velocity (ppv) standard will be used. The ppv of 2 in/sec in Figure B-1 of RI 8507 will be reduced to 1 in/sec for any modular homes unless it is demonstrated to the
satisfaction of the City Engineer by pre-production test blasting and measurement that a less stringen t
standard of up to 2 in/sec ppv is completely structurally safe.
m. A seismograph record will be obtained for each
blast.
n. The scaled distance equation to determine allowable
charge weight will not be used. Allowable weights will
be determined from initial smaller -scale testing prior to ramping up to full production.
o. Full records of blasting events will be maintained for three years after the event
Transportation and Traffic
Impact 4.12-1: During
construction, the project is
forecast to cause the
intersections of Pedley
Road/SR-60 WB Ramps and
Pedley Road/Ben Nevis
Boulevard to operate at an
adverse level of service.
MM 4.12-1: The project proponent will prepare a Construction Management P lan (CMP) to minimize construction -period impacts to the local street system. The CMP must be prepared to the satisfaction of the City
City of Jurupa Valley prior to issuance of a grading permit. The CMP must, at a minimum:
Identify traffic controls for any street closure, detour, or other disruption to traffic circulation.
Identify routes construction vehicles must use for site access and delivery of construction materials, including proposed construction phasing plan for the project.
Specify the hours during which transport activities can occur and methods to mitigate construction -related
impacts to adjacent streets.
Identify the haul route for soil export.
Require the project proponent to keep all haul routes clean and free of debris, including but not limited to
Less than
significant.
DA 1402A1
Previous Environmental Determination
August 25, 2022
18 gravel and dirt as a result of its operations. The project proponent will be required to clean adjacent streets, as directed by the City Engineer, of any material that may have been spilled, tracked, or blown onto adjacent
streets or areas.
Identify a haul route for truck traffic that requires all truck traffic avoid the intersections of Pedley Road/SR- 60 WB Ramps and Pedley Road/Ben Nevis Boulevard
during peak hours, unless improvements are
constructed to these intersections that would improve
the Levels of Service to acceptable levels.
Prohibit the use of roads not depicted in the General Plan by construction vehicles.
Require haul trucks entering or exiting public streets to yield at all times to traffic on such streets.
Require the applicant to be fully responsible for repairs of any damage to existing pavements, streets, curbs,
and/or gutters along the haul route, where project
hauling operations are responsible for the damage. The
repairs must be completed to the satisfaction of the
City Engineer.
Require all construction-related parking and staging of vehicles occur on-site and be kept out of the adjacent
public roadways
Impact 4.12-2:
Implementation of the
project could result in
significant operational-period
impacts at project build-out
(year 2015) at the following
intersections:
Pedley Road at SR-60
WB Ramps – AM and
PM peak hours
Agate Street at
Mission Boulevard –
AM peak hour
Pedley Road at
Galena Street – AM
and PM peak hours
Pedley Road at Jurupa
Road – PM peak hour
MM 4.12-2: The project proponent will be responsible for the full cost of the following improvements. Construction of these improvements must be completed to th e satisfaction of the City Engineer before final inspection of any building on the project site.
Pedley Road at Ben Nevis Boulevard/Project Driveway No. 1:
Widen and/or restripe Pedley Road to provide an
exclusive northbound left -turn lane, a second
northbound through lane, an exclusive northbound
right-turn lane, a second southbound through lane and
a third southbound through lane.
Widen and/or restripe Ben Nevis Boulevard to provide
a second eastbound left-turn lane.
Provide an exclusive westbound right -turn lane for
egress out of the project site.
Install a three-phase traffic signal.
MM 4.12-3: The project proponent will be responsible for the full cost of the following improvements. Construction of these Significant
and
unavoidable
DA 1402A1
Previous Environmental Determination
August 25, 2022
19 improvements must be completed to the satisfaction of the City Engineer before final inspection of any building on the project site
Pedley Road at Project Driveway No. 2:
Widen and/or restripe Pedley Road to provide a second northbound through lane, an exclusiv e northbound
right-turn lane, dual southbound left -turn lanes, a
second southbound through lane and a third
southbound through lane.
Provide an exclusive westbound left -turn lane and an exclusive westbound right -turn lane for egress out of
the project site.
Install a three-phase traffic signal.
MM 4.12-4: The project proponent will be responsible for the full cost of the following improvements. Construction of these improvements must be completed to the satisfaction of the City Engineer before final ins pection of any building on the project site.
Pedley Road at Jurupa Rancho Line/Project Driveway No. 3:
Widen and/or restripe Pedley Road to provide a
northbound shared through/right -turn lane and a
second southbound through lane.
Widen the westbound approach of the intersection to
provide an exclusive westbound left -turn lane and a
shared through/right-turn lane.
Install a traffic signal and design for five -phase
operation with protected left -turn phasing in the
northbound and southbound directions.
MM 4.12-5: The project proponent will be responsible for the full cost and implementation of the following improvement before final inspection of any building on the project site (subject to Caltrans approval):
Pedley Road at SR-60 EB Ramps:
Widen and/or restripe Pedley Road to provide an
exclusive northbound right-turn lane.
The project proponent will be responsible for a fair -share contribution to the implementation of the following
improvements by the year 2017 (subject to Caltrans approval):
Pedley Road at SR-60 EB Ramps:
DA 1402A1
Previous Environmental Determination
August 25, 2022
20 Install a traffic signal and design for three -phase operation.
Restripe the off-ramp to provide an eastbound shared
left/through/right-turn lane and an exclusive
eastbound right-turn lane.
Pedley Road at SR-60 WB Ramps:
Install a traffic signal and design for three -phase
operation.
MM 4.12 -6: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of Jurupa Valley prior to the final building inspection on the first building. The Agreement must include the following components: 1) the fair-share
percentages of the project's impact to each of the impacted intersections or roadways; 2) the total cost of the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and 3) the timing of required fair-share payments. The Agreement must address the implementation of the following improvements:
Agate Street at Mission Boulevard:
Install a traffic signal and design for two -phase
operation.
Widen and/or restripe Mission Boulevard to provide an exclusive eastbound left -turn lane and exclusive
westbound left-turn lane.
MM 4.12 -7: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of J urupa Valley prior to the final building inspection on the first building. The Agreement must include the following components: 1) the fair -share
percentages of the project's impact to each of the impacted intersections or roadways; 2) the total cost of the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and 3) the timing of required fair -share payments. The Agreement must address the implementation of the following improvements:
Pedley Road at Galena Street:
DA 1402A1
Previous Environmental Determination
August 25, 2022
21 Install a traffic signal and design for five -phase operation with protected left -turn phasing in the
northbound and southbound directions.
Restripe the northbound approach to provide an
exclusive n orthbound left -turn lane and a shared
through/right-turn lane
Widen and/or restripe Pedley Road to provide an
exclusive southbound left-turn lane.
Restripe the eastbound approach to provide an
exclusive eastbound left -turn lane and a shared
through/right-turn lane.
Widen and/or restripe Galena Street to provide an
exclusive westbound left-turn lane.
MM 4.12 -8: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of Jurupa Valley prior to the final building inspection on the first building. The Agreement must include the following components: 1) the fair -share
percentages of the project's impact to each of the impacted intersections or roadways; 2) the total cost of the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and 3) the timing of required fair -share payments. The Agreement must address the implementation of the following improvements:
Pedley Road at Jurupa Road:
Install a traffic signal and design for five -phase
operation with protected left -turn phasing in the
eastbound and westbound directions.
Widen and/or restripe Pedley Road to provide an
exclusive northbound left -turn lane and exclusive
southbound left-turn lane.
Widen and/or restripe Jurupa Road to provide an
exclusive eastbound left-turn lane.
Restripe the westbound approach to provide a n exclusive westbound left-turn lane and a shared through/right-turn lane Impact 4.12-2:
Implementation of the project
could result in significant
operational-period impacts at
General Plan build-out (year
MM 4.12 -9: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of Jurupa Valley prior to the final building inspection on the first building. The Agreement mu st include the following components: 1) the fair -share
percentages of the project's impact to each of the impacted Significant
and
unavoidable
DA 1402A1
Previous Environmental Determination
August 25, 2022
22 2035) at the following
intersections:
_Pedley Road at SR-60 WB
Ramps – AM and PM peak
hours
_Pedley Road at SR-60 EB
Ramps – PM peak hour
_Kenneth Way/Bellegrave
Avenue at Mission Boulevard
– AM and PM peak hours
_Agate Street at Mission
Boulevard – AM and PM peak
hours
_Pedley Road at Galena
Street – AM and PM peak
hours
_Van Buren Boulevard at
Jurupa Road – AM and PM
peak hours
_Felspar Street at Jurupa
Road – AM and PM peak
hours
_Pedley Road at Jurupa
Road – AM and PM peak
hours
intersections or roadways; 2) the total cost of the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and 3) the timing of required fair -share payments. The Agreement must address the implementation of the following improvements:
Kenneth Way/Bellegrave Avenue at Mission Boulevard:
Widen and/or restripe Bellegrave Avenue to provide a
second northbound right-turn lane.
Widen and/or restripe Mission Boulevard to provide a
second westbound left-turn lane.
Modify the existing traffic signal and install a
northbound right-turn overlap.
MM 4.12 -10: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of Jurupa Valley prior to the final building inspection on the first building. The Agreement must include the following components: 1. the fair -share
percentages of the project's impact to each of the impacted intersections or roadways; 2. the total cost of
the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and, 3. the timing of required fair-share payments. The Agreement must address the
implementation of the following improvements:
Agate Street at Mission Boulevard:
Install a traffic signal and design for five -phase
operation with protected left -turn phasing in the
eastbound and westbound directions.
Widen and/or restripe Mission Boulevard to provide an exclusive eastbound left -turn lane and exclusive
westbound left-turn lane.
MM 4.12 -11: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of Jurupa Valley prior to the final building inspection on the first building. The Agreement must include the fol lowing components: 1) the fair -share
percentages of the project's impact to each of the impacted intersections or roadways; 2) the total cost of the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and 3) the timing of required fair -share DA 1402A1
Previous Environmental Determination
August 25, 2022
23 payments. The Agreement must address the implementation of the following improvements:
Van Buren Boulevard at Jurupa Road:
Widen and/or restripe Jurupa Road to provide a second eastbound left-turn lane, a second eastbound through
lane, a second westbound left -turn lane and a second
westbound through lane.
Remove the existing split phase operation in the
eastbound/westbound directions and modify the
existing traffic signal for eight-phase operation.
MM 4.12 -12: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of Jurupa Valley prior to the final building inspection on the first building. The Agreement m ust include the following components: 1) the fair -share
percentages of the project's impact to each of the impacted intersections or roadways; 2) the total cost of the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and 3) the timing of required fair -share payments. The Agreement must address the implementation of the following improvements:
Felspar Street at Jurupa Road:
Install a traffic signal and de sign for five -phase
operation with protected left -turn phasing in the
eastbound and westbound directions.
Widen and/or restripe Felspar Street to provide an
exclusive northbound left-turn lane.
Widen and/or restripe Jurupa Road to provide an
exclusive westbound left-turn lane.
MM 4.12 -13: The project proponent will be responsible for entering into a Roadway Improvement Agreement
(Agreement) with the City of Jurupa Valley prior to the final building inspection on the first building. The Agreement must include the following components: 1) the fair -share
percentages of the project's impact to each of the impacted intersections or roadways; 2) the total cost of the roadway and intersection improvements identified in this mitigation measure to mitigate the impacts and project’s fair share of the improvements cost; and 3) the timing of required fair -share payments. The Agreement must address the implementation of the following improvements:
DA 1402A1
Previous Environmental Determination
August 25, 2022
24 Pedley Road at Jurupa Road:
Install a traffic signal and design for five -phase
operation with protected left -turn phasing in the
eastbound and westbound directions.
Widen and/or restripe Pedley Road to provide an
exclusive northbound left -turn lane, an exclusive
southbound left -turn lane and an exclusive
southbound right-turn lane.
Widen and/or restripe Jurupa Road to provide an
exclusive eastbound left -turn lane and an exclusive
westbound left-turn lane.
ATTACHMENT 4:
PROJECT NARRATIVE
ATTACHMENT 5:
APPROVED PLANS FOR PEDLEY
CROSSING SHOPPING CENTER
ATTACHMENT 6:
ADOPTED DEVELOPMENT AGREEMENT
ATTACHMENT 7:
ADOPTED FIRST OPERATING
MEMORANDUM
Page | 1
120
S
TAFF REPORT
DATE: OCTOBER 20, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.B
PUBL
IC HEARING TO CONSIDER ZONING CODE AMENDMENT NO.
22008 (ZCA22008) TO COMPLY WITH ASSEMBLY BILL 1851
ALLOWING FOR THE DEVELOPMENT OF RELIGIOUS INSTITUTION
AFFILIATED HOUSING DEVELOPMENTS (RIAHDS) AND PARKING
REDUCTIONS
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- 20, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING TITLE 9 O F THE JURUPA VALLEY MUNICIPAL CODE
PERTAINING TO PARKING REQUIREMENTS FOR RELIGIOUS
INSTITUTION AFFILIATED HOUSING DEVELOPMENTS, AND MAKING A FINDING OF EXEMPTION FROM CEQA UNDER 15061 (B) (3) OF THE CEQA
GUIDELINES
BACKGROUND
On January 1, 2021, Assembly Bill 1851 (AB 1851) became effective which is intended to facilitate the development of housing (at all levels of income) at religious institution- owned places of worship. The new law mandates that cities: 1) allow qualifying housing developments by right; and 2) decrease parking requirements for such projects.
Specifically, the new law allows a religious institute to develop a “religious institution affiliated housing development” (RIAHD) project, even if the development necessitates a reduction in the number of parking spaces required or provided at the existing place of worship. An example of this is a place of worship that would be allowed to build housing on an adjacent lot or the same lot, even if it results in a reduction of parking for the place of worship. Certain exemptions are outlined in AB 1851 .
RETURN TO AGENDA
Page | 2
To qualify as an RIAHD project, it must meet each of the following criterion:
1. Be located on one or more contiguous parcels that are each owned entirely by a place of worship;
2. Qualify as being near or co- located at a place of worship parking area by being either on, or adjacent to, a parcel with religious use parking, or within one-tenth of a mile of a parcel that contains religious use parking; and
3. Qualify for a density bonus (as set forth in Government Code Section 65915). To qualify for a density bonus, a portion of the project must be designated for residents considered to be “very low, low or moderate income.” Density bonus law allows different increases of the number of units that may be built based on the various levels of income prescribed by State law (either very low, low, or moderate income).
The Planning Commission voted 3-0-1 to forward a recommendation for approval of the ordinance to the City Council. See attachment 2.
AB 2244
On July 19, 2022, a subsequent bill was passed (Assembly Bill 2244 (AB 2244)) to clarify AB 1851 by adding a definition of “religious-use parking spaces.” The term applies to both existing parking spaces and those parking spaces required of a proposed development for a new place of worship. The bill revises the provisions relating to the elimination of parking spaces and specifically stipulates that a new RIAHD development must not allow the elimination of more than 50% of the spaces that would otherwise be required. The City will still be allowed to require parking with electric al equipment for electric vehicles and parking spaces that are accessible to persons with disabilities.
On August 18, 2022, in response to AB 1851 and AB 2244, the City Council initiated a Zoning Code Amendment (ZCA 22008) to ensure the City remains in compliance with the new State law.
ANALYSIS
The intent of AB 1851 is to increase the development potential for housing in response to the State of California’s declaration of a housing crisis.
Specifically, AB 1851 prohibits the City from taking any of the following actions on a proposed RIAHD project:
1) Deny a RIAHD project solely on the basis that it reduces the parking spaces for the existing place of worship;
2) Require replacement parking for the place of worship; 3) Require additional parking for the RIAHD if the place of worship is deficient in the number of spaces provided.
The reduction in parking spaces shall not reduce the minimum parking standards that the City may require of a RIAHD project below one space per unit, unless the project is located within ½ mile of public transit or within one block of a car share vehicle.
Page | 3
The intent of AB 2244 is to clarify the regulations of AB 1851 with respect to allowed parking decreases and to include provisions for electric vehicles. The proposed ordinance (Exhibit A) has been drafted to accomplish the City’s compliance with State law.
Recommended Code Amendment
The recommendation includes the following modifications to the municipal code in order to be consistent with State law:
• Add definitions of “Religious institutional affiliated housing developments” and “Religious-use parking spaces.”
• Add the following parking provision to address RIAHD in the Specific Plan zone:
“For religious institution affiliated housing developments, off-street vehicle parking shall be provided in accordance with the requirements of the underlying specific plan. Notwithstanding the foregoing, a reduction in religious use parking spaces or reduction in replacement of religious use parking shall be allowed in compliance with Government Code section 65913.6.”
• Add minimum parking requirements and allow for a reduction in parking consistent with State law:
Civic/Religious/Institutions Per Square foot or
Unit
Other Criteria
“Religious institutional
affiliated housing
developments”
The parking
standards set forth
in “residential uses”
apply
A reduction in religious use parking spaces or
reduction in replacement of religious use
parking shall be allowed in compliance with
Government Code section 65913.6
It should be noted that the City is required to allow a reduction in the parking requirements, provided that it does not eliminate more than 50% of the spaces that would otherwise be required. As such, the City is only required to allow a 50% reduction in parking spaces in order to accommodate a RIAHD.
NOTICING REQUIREMENTS
An advertisement for this public hearing was published in the Press Enterprise Newspaper on October 10, 2022. No comments were received at the time of this report.
ENVIRONMENTAL DETERMINATION
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 15061(b)(3).
FINANCIAL IMPACT
Costs associated with the Code amendment are covered by the General Fund.
ATTACHMENT 1
(Proposed Ordinance)
-1-
ORDINANCE NO. 2022-20
AN ORDINANCE OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA
VALLEY MUNICIPAL CODE P ERTAINING TO PARKING
REQUIREMENTS FOR RELIGIOUS INSTITUTION
AFFILIATED HOUSING DEVELOPMENTS, AND MAKING
A FINDING OF EXEMPTION FROM CEQA UNDER
SECTIONS 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 August 18, 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 28, 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 Ordinance had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony, the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2022-09-28-22 recommending that the City Council approve the Ordinance.
(c) On October 20, 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 an d oral 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 implem ented through zoning regulations, adopted 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 (Assembly Bill 1851 and 2244).
Section 3. A new Section 9.10. 1112 (Religious institution affiliated housing developments.) is added to Chapter 9.10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.10.1112 - Religious institution affiliated housing developments.
-2-
A housing development project (as defined by Government Code section 65589.5(h)(2) that meets all of the following criteria:
(A) The housing development project is located on one or mo re contiguous parcels that are each owned entirely, whether directly or through a wholly owned company or corporati on, by a religious institution.
(B) The housing development project qualifies as being near collocated religious-use parking spaces by being any of the following:
(i) Located on one or more parcels that collectively contain religious-use parking spaces. (ii) Located adjacent to a parcel owned by the religious institution that contains religious- use parking spaces.
(iii) Located on one or mor e parcels separated by no more than 0.1 miles from a parcel owned by the religious institution that contains religious-use parking spaces. (C) The housing development project qualifies for a density bonus under Section 65915.” Section 4. A new Section 9.10.1113 ( Religious-use parking spaces.) is added to Chapter 9.10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.10.1113 - Religious-use parking spaces.
Existing parking spaces that are requ ired under the City’s parking requirements for places of worship.
Section 5. Subsection B(1) of Section 9. 240.120 (Off-street vehicle parking. ) 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 , with all other provisions of Section 9.240.120 remaining unchanged:
“B. Off-street vehicle parking shall b e provided in accordance with this section when the associated building or structure is constructed or the use is established. Additional off -street parking shall be provided in accordance with this section when an existing building is altered or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use. (1) Parking design standards.
(a) Approval of off-street parking plan. A site development permit, pursuant to the provisions of Section 9.240.330, shall be filed for approval of all off -street parking facilities, except for one (1) and two (2) family residences, unless the off -street parking facilities are approved as a part of a site development permit, conditional use permit or public use permit approval.
-3-
(b) Number of required parking spaces.
(i) In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the various uses computed separately unless shared parking is approved as provided in this chapter.
(ii) The following tables are designed to allow calculation of parking spaces required for the uses shown, with any fractions rounded up to the nearest whole number:
Industrial Uses Per Square Foot or Unit Per Employee or Student
Other
Criteria
For
Vehicle
Stacking
Industrial uses
If number of workers
cannot be determined: 1
space/250 sq. ft. of office
area, plus 1 space/500 sq.
ft. of fabrication area, plus
1 space/1,000 sq. ft. of
storage area, and 1
space/500 sq. ft. of floor
plan which is
uncommitted to any type
of use
If number of
workers can be
determined: 1
space/2 employees
of largest shift, and
1 space/vehicle kept
in connection with
the use
Manufacturing or
repair plants
maintaining more than
one shift of workers
2 spaces/3
employees on each
of the two largest
shifts
1 space/company
operated vehicle
Salvage and junk
yards, including, but
not limited to,
automobile
dismantling, auto
wrecking yards,
storage yards, scrap
metal processing and
similar uses
1 space/5,000 sq. ft. of lot
area
Warehouses and
wholesaling
1 space/2,000 sq. ft. of
gross floor area
NOTES: The columns, working left to right, are generally additive unless otherwise indicated.
Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.
All vehicle storage (stacking) spaces shall be located off -street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.
-4-
Residential Uses
(parking must be located on-site
conveniently distributed throughout the
project. For multiple family residences,
condominiums, planned residential
developments and senior citizen planned
residential developments, at least one of the
required parking spaces per unit shall be
located in a garage or carport which is
architecturally harmonious with the main
structure. All parking spaces shall be
located within 200 feet of the building they
serve unless otherwise specified.)
Per Square Foot or
Unit
Per Employee
or Student
Other
Criteria
Single-family 2 spaces/dwelling
unit
Multiple family
Single bedroom or studio dwelling unit 1.25 spaces/unit Two bedrooms/dwelling unit 2.25 spaces/unit
Three or more bedrooms/dwelling unit 2.75 spaces/unit 1 space/employee
Planned residential development
Single bedroom dwelling unit 1.5 spaces/unit
Two or more bedroom dwelling unit 2.5 spaces/unit
Senior citizen (Parking spaces shall be
located no more than 150 feet from the unit
they serve)
Refer to single-
family and multiple
family residential
requirements stated
above.
Mobilehome parks
2 spaces/travel
trailer or
mobilehome space-
spaces may be
tandem
1 guest
space/8
mobilehome
spaces
NOTES: The columns, working left to right, are gen erally additive unless otherwise indicated.
Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.
All vehicle storage (stacking) spaces shall be located off -street. A driveway for stacking leading to a drive -up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.
-5-
Lodging Uses
(All parking must be within 150 feet
of the use served)
Per Square Foot or
Unit
Per Employee
or Student Other Criteria
Boarding houses, lodging or rooming
houses, dormitories, fraternity and
sorority houses
1 space/2 beds
Hotels and motels 1 space/room, and 2
spaces/resident manager
Recreational vehicle parks 1 space/recreation
vehicle site
1 visitor space/5
recreational vehicle sites
Medical Uses
Home for the aged, sanitariums,
convalescent homes, children's
homes, asylums, and nursing homes
or similar institutions
1 space/3
employees
1 space/3 beds, and 1
space/vehicle owned
and operated by the
institution
Hospitals and clinics (A hospital may
have a parking area more than 150
feet from the building to be served as
long as an automatic parking gate or
similar method of vehicular control is
installed)
1 space/staff
member of
largest shift
1 space/2 patient's beds,
and 1 space/vehicle
owned and operated by
hospital or clinic
Medical and dental offices, clinics,
and medical business offices
1 space/200 sq. ft.
of net leasable floor
area
Veterinary hospitals and clinics 1 space/300 sq. ft.
of gross floor area
NOTES: The columns, working left to right, are generally additive unless otherwise indicated.
Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.
All vehicle storage (stacking) spaces shall be located off -street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.
Civic/Religious/Institutions Per Square Foot
or Unit
Per Employee
or Student
Other Criteria
Auditoriums with fixed seats: 1 space/3 seats
Auditoriums without fixed seats
1 space/30 sq. ft.
of net assembly
area in the
assembly hall
Cemeteries and crematories,
mausoleums, columbariums and
funeral establishments when
incidental to a cemetery
1 space/30 sq. ft.
of net assembly
room area
1 space/employee
1 space/vehicle
operated on the
grounds by the
proprietary institution
-6-
Civic/Religious/Institutions Per Square Foot
or Unit
Per Employee
or Student
Other Criteria
Churches, chapels and other places
of worship
1 space/35 sq. ft.
of net assembly
area used
simultaneously for
assembly purposes
When a school bus is
kept, there can be a
reduction of 2
spaces/bus
Libraries, museums, art galleries or
similar uses
1 space/300 sq. ft.
of gross floor area
1 space/2
employees
Mortuary and funeral homes
1 space/35 sq. ft.
of net assembly
area
1 space/employee
Religious institutional affiliated
housing developments
The parking
standards set forth
in “residential
uses” apply
A reduction in
religious use parking
spaces or reduction in
replacement of
religious use parking
shall be allowed in
compliance with
Government Code
section 65913.6
Public Utilities/Telecommunications
Public utility facilities, including, but
not limited to, electric, gas,
telephone, and telecommunication
facilities not having business offices
on the premises
1 space/2
employees
1 space/vehicle kept in
connection with the
use
NOTES: The columns, working left to right, are generally additive unless otherwise indicated.
Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.
All vehicle storage (stacking) spaces shall be located off -street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.
Educational
Institutions
Per Square Foot Or
Unit
Per Employee or
Student
Other Criteria For Vehicle Stacking
Day care
centers,
including
nurseries and
pre-schools
1 space/500 sq. ft. of
gross floor area
When a school
bus is kept,
there can be a
reduction of 2
spaces/bus
Elementary and
intermediate
Whichever is greater:
1 space/classroom, or
1 space/3 seats in the
When a school
bus is kept,
there can be a
Loading/unloading
space for at least 2
school buses
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Educational
Institutions
Per Square Foot Or
Unit
Per Employee or
Student
Other Criteria For Vehicle Stacking
auditorium or multi-
purpose room.
reduction of 2
spaces/bus
High schools
1 space/employee,
plus 1 space/faculty
member, and 1
space/8 students
When a school
bus is kept,
there can be a
reduction of 2
spaces/bus
Loading/unloading
space for at least 2
school buses
Colleges and
universities
Whichever is greater:
1 space/30 sq. ft. of net
assembly area of main
auditorium or stadium
1 space/employee,
plus 1 space/faculty
member, and 1
space/2 students
Trade schools,
business
colleges and
commercial
schools
1 space/employee,
plus 1 space/2
students
Private schools
1 space/employee,
plus 1 space/2
students
Loading / unloading
space for at least 10
cars
NOTES: The columns, working left to right, are generally additive unless otherwise indicated.
Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.
All vehicle storage (stacking) spaces shall be located off -street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.”
Section 6. A new Section 9.235.060 is hereby added to Chapter 9.235 SP Zone (Specific Plan) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.235.060. - Religious institution affiliated housing developments.
A. For religious institution affiliated housing developments, off-street vehicle parking shall be provided in accordance with the requirem ents of the underlying specific plan.
Notwithstanding the foregoing, a reduction in religious use parking spaces or reduction in replacement of religious use parking shall be allowed in compliance with Government Code section 65913.6.”
Section 7. 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 CEQ A Guidelines Section 15061(b)(3) The proposed Code Amendment revises the Municipal Code to be consistent with
-8-
State law requirements. The proposed Code Amendment does not allow additional uses that were not previously permitted but rather revises parking requirements for religious institution affiliated housing developments as required by State law. The proposed zoning code amendment is an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the a dministrative 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 Section 15061(b)(3).
Section 8. 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 o f 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 8. 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 9. 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 10. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 3rd day of November, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
-9-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-20 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 20th day of October, 2022, and thereafter at a regular meeting held on the 3rd day of November, 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 3rd day of November, 2022. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
ATTACHMENT 2
(Adopted Planning Commission Resolution)
ATTACHMENT 3
Assembly Bill 1851 and 2244
Assembly Bill No. 1851
CHAPTER 196
An act to add Section 65913.6 to the Government Code, relating to land use. [ Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1851, Wicks. Religious institution affiliated housing development projects: parking requirements.
Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing, including the Density Bonus Law, which requires, when an applicant proposes a housing development within the jurisdiction of a local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low- , or moderate-income households or qualifying residents.
This bill would prohibit a local agency from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate as part of that housing development project. The bill would prohibit the number of religious-use parking spaces requested to be eliminated from exceeding 50% of the number that are available at the time the request is made. The bill would prohibit a local agency from requiring the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. The bill would require a local agency to allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval. The bill would prohibit a local agency from denying a housing development project proposed by a religious institution, or a developer working with a religious institution, solely on the basis that the project will reduce the total number of parking spaces available at the place of worship provided that the total reduction does not exceed 50% of existing parking spaces. The bill would authorize a local agency to require up to one parking space per unit for a religious institution affiliated housing development project. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local planning officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
DIGEST KEY Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes BILL TEXT THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65913.6 is added to the Government Code, to read: 65913.6. (a) For purposes of this section, all of the following definitions shall apply: (1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5. (2) “Local agency” means any county, city, or city and county, including a charter city, or city and county. (3) “Place of worship” means a property owned or operated by a religious institution, that is used for the purpose of regular assembly by members of the institution. (4) “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code. (5) “Religious institution affiliated housing development project” means a housing development project that meets all of the following criteria: (A) The housing development project is located on one or more contiguous parcels that are each owned entirely, whether directly or through a wholly owned company or corporation, by a religious institution. (B) The housing development project qualifies as being near colocated religious-use parking by being any of the following: (i) Located on one or more parcels that collectively contain religious-use parking. (ii) Located adjacent to a parcel owned by the religious institution that contains religious-use parking. (iii) Located on one or more parcels separated by no more than 0.1 miles from a parcel owned by the religious institution that contains religious-use parking. (C) The housing development project qualifies for a density bonus under Section 65915. (6) “Religious-use parking spaces” means existing parking spaces that are required under the local agency’s parking requirements for places of worship. (b) (1) Notwithstanding any other law or ordinance, a local agency shall not require the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate as part of that housing development project pursuant to this section. (2) The number of religious-use parking spaces requested to be eliminated by a developer of a religious institution affiliated housing development project pursuant to this section shall not exceed 50 percent of the number of religious-use parking spaces that are available at the time the request is made. (3) The elimination of religious-use parking spaces pursuant to a religious institution affiliated housing development project that has been approved by a local agency does not constitute a concession pursuant to Section 65915. (c) Notwithstanding any other law or ordinance, a local agency shall not require the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. (d) Notwithstanding any other law or ordinance, a local agency shall allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval of the housing development project under any other law or ordinance. (e) Notwithstanding any other law or ordinance, a local agency shall not deny a proposed religious institution affiliated housing development project solely on the basis that the project will reduce the total number of parking spaces available at the place of worship provided that the total reduction does not exceed 50 percent of existing parking spaces. (f) (1) Notwithstanding any provision of this section, except as provided in paragraph (3), the reduction in parking spaces authorized in this section shall not reduce the minimum parking standards that a local agency may require of a religious institution affiliated housing development project below one space per unit. (2) For the purposes of this subdivision, a local agency shall not be required to allow the remaining religious-use parking spaces to count toward the number of parking spaces otherwise required for approval of the housing development project as provided in subdivision (d) to the extent that the application of subdivision (d) would prohibit a local agency from requiring up to one parking space per unit. (3) This subdivision shall not apply to a religious institution affiliated housing development project if either of the following is true: (A) The parcel is located within one-half mile walking distance of public transit. For the purposes of this paragraph, “public transit” means either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (g) The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, and therefore this section applies to all cities, including charter cities. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Assembly Bill No. 2244 CHAPTER 122 An act to amend Section 65913.6 of the Government Code, relating to housing. [ Approved by Governor July 19, 2022. Filed with Secretary of State July 19, 2022. ] LEGISLATIVE COUNSEL'S DIGEST AB 2244, Wicks. Religious institution affiliated housing: place of worship. Existing law prohibits a local agency from requiring the replacement of religious-use parking spaces, as defined, that a developer of a religious institution affiliated housing development project proposes to eliminate as part of that housing development project. Existing law prohibits the number of religious-use parking spaces requested to be eliminated from exceeding 50% of the number that are available at the time the request is made. This bill would clarify that the definition of “religious-use parking spaces” applies to both existing parking spaces and those parking spaces required of a proposed development for a new place of worship. The bill would recast the provisions relating to the elimination of parking spaces to prohibit the number of spaces proposed to be eliminated in the case of a proposal for a newly constructed place of worship from exceeding 50% of the spaces that would otherwise be required. The bill would also prohibit the number of spaces proposed to be eliminated in the case of an existing place of worship from exceeding 50% of the spaces that exist at the time the request is made. The bill would not preclude the enforcement of any requirement otherwise imposed on a new development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. DIGEST KEY Vote: majority Appropriation: no Fiscal Committee: no Local Program: no BILL TEXT THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65913.6 of the Government Code is amended to read: 65913.6. (a) For purposes of this section, all of the following definitions shall apply: (1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5. (2) “Local agency” means any county, city, or city and county, including a charter city, or city and county. (3) “Place of worship” means a property owned or operated by a religious institution, that is used for the purpose of regular assembly by members of the institution. (4) “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code. (5) “Religious institution affiliated housing development project” means a housing development project that meets all of the following criteria: (A) The housing development project is located on one or more contiguous parcels that are each owned entirely, whether directly or through a wholly owned company or corporation, by a religious institution. (B) The housing development project qualifies as being near colocated religious-use parking spaces by being any of the following: (i) Located on one or more parcels that collectively contain religious-use parking spaces. (ii) Located adjacent to a parcel owned by the religious institution that contains religious-use parking spaces. (iii) Located on one or more parcels separated by no more than 0.1 miles from a parcel owned by the religious institution that contains religious-use parking spaces. (C) The housing development project qualifies for a density bonus under Section 65915. (6) “Religious-use parking spaces” means parking spaces that are required under the local agency’s parking requirements for existing places of worship, or parking spaces that would be required in a proposed development for a new place of worship. (b) (1) Notwithstanding any other law or ordinance, a local agency shall not require the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate, or reduce in the case of a plan for a new development, as part of that housing development project pursuant to this section. (2) The number of religious-use parking spaces requested to be eliminated, or reduced in the case of a plan for a new development, by a developer of a religious institution affiliated housing development project pursuant to this section shall not exceed the following: (A) In the case of an existing place of worship to be retained, 50 percent of the number of religious-use parking spaces that are available at the time the request is made. (B) In the case of a newly constructed place of worship, 50 percent of the number of religious-use parking spaces that would be required for a newly constructed place of worship. (3) The elimination of religious-use parking spaces pursuant to a religious institution affiliated housing development project that has been approved by a local agency does not constitute a concession pursuant to Section 65915. (c) Notwithstanding any other law or ordinance, a local agency shall not require the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. (d) Notwithstanding any other law or ordinance, a local agency shall allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval of the housing development project under any other law or ordinance. (e) Notwithstanding any other law or ordinance, a local agency shall not deny a proposed religious institution affiliated housing development project solely on the basis that the project will reduce the total number of parking spaces available at the place of worship provided that the total reduction does not exceed 50 percent of existing parking spaces, or 50 percent of the parking spaces that would be required of a new development of a place of worship. (f) (1) Notwithstanding any provision of this section, except as provided in paragraph (3), the reduction in parking spaces authorized in this section shall not reduce the minimum parking standards that a local agency may require of a religious institution affiliated housing development project below one space per unit. (2) For the purposes of this subdivision, a local agency shall not be required to allow the remaining religious-use parking spaces to count toward the number of parking spaces otherwise required for approval of the housing development project as provided in subdivision (d) to the extent that the application of subdivision (d) would prohibit a local agency from requiring up to one parking space per unit. (3) This subdivision shall not apply to a religious institution affiliated housing development project if either of the following is true: (A) The parcel is located within one-half mile walking distance of public transit. For the purposes of this paragraph, “public transit” means either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (g) This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that otherwise applies. (h) The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, and therefore this section applies to all cities, including charter cities.
Page | 1
120
S
TAFF REPORT
DATE: OCTOBER 20, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 15.A
CO
UNCIL DIRECTION TO STAFF REGARDING THE DEVELOPMENT
OF A $500,000 JURUPA VALLEY LIBRARY INVESTMENT PLAN
RECO
MMENDATION
D
irect staff to work with the County of Riverside Library System to develop a Jurupa Valley Library Investment Plan utilizing $500,000 in funding from library designated Development Impact Fees (DIF).
BACKGROUND
Development impact fees (DIF) are one of many infrastructure financing tools available to cities, counties, special districts, and school districts. DIF’s provide a funding mechanism for new public infrastructure, equipment, supplies and facilities requi red to serve new development. DIF’s are not to be used to fund existing infrastructure deficiencies and are not intended to fund reconstruction of existing infrastructure currently serving existing development.
Cities are allowed to charge and collect DIFs, or development impact mitigation fees, under the Mitigation Fee Act (Government Code 66000, et seq.). DIF’s are a one-time charge to new development imposed under the Mitigation Fee Act and are typically designated for a specific purpose.
At the direction of the City Council, the City of Jurupa Valley has enacted several different DIF’s as a tool to ensure that new developments pay a proportionate share of the new facilities and infrastructure needed to serve those developments. In addition to the Library DIF’s, the City has also implemented fees for Fire Facilities, Transportation Infrastructure, Regional Parks and Public Trails. While DIF’s are only one of the tools the City utilizes to ensure new developments are paying their “fair share” of infrastructure costs, they are an important sources of revenue to the City.
RETURN TO AGENDA
Page | 2
ANALYSIS
Libraries are a critical service delivery partner in cities across America. For over 150 years, free public libraries have been a cornerstone of democracy, a safe haven for those in need and provider of access to the information necessary to live, work and enjoy life.
In The Value of California’s Public Libraries, August 2021 report, funded by the California Library Services Act and administered by the California Library Services Board (attached), the Ten Reasons to Value Libraries include:
• Public libraries are community hubs that bring people together and close the opportunity gap by connecting people to essential services and resources. • Libraries build and support communities of lifelong learners and help Californians enjoy the social and economic benefits that learning brings. • Public libraries deliver a positive return on the funds invested in them. Every $1 invested in a library yields between $2 and $10, with the most common return being between $3 and $6.
• Libraries are economic engines. They support personal economic development and community development.
• Books are just the tip of the library iceberg. Through digital labs, makerspaces, career centers and business resources, memory labs, public programs, community partnerships, and onl ine resources, public libraries help communities explore, learn, connect, and have fun beyond their traditional “library” brand. • Libraries help individuals and communities stay healthy and well. • Public libraries support vulnerable community members, incl uding early learners and families, teens and seniors, veterans, people new to the United States, and people experiencing homelessness or mental illness.
• Library technology increases digital equity and supports the information needs of a 21st Century society.
• Library workers are “second responders” in a crisis. Library programs and services build community resilience year-round.
• Public libraries are free and open to all
The City of Jurupa Valley’s library services are provided through two Riverside Count y Library System Facilities. Both the newly remodeled Glen Avon and Louis Rubidoux facilities provide invaluable online and in person, programs, services and equipment at “no cost” to residents and businesses.
While the patron of library services is not assessed a fee at the time of service delivery, the cost of providing a library system is a significant taxpayer expense. As with all government functions, the cost of providing library services has increased over the years.
In addition to increasing ut ility, facility maintenance, labor, book and technology costs, growth in the demand and projected future demand for library services has necessitated the implementation of additional funding mechanisms.
As previously mentioned, the City Council enact ed Library DIF is an important tool for meeting the future needs of the City’s libraries. These funds are restricted, developer paid funds that can only be spent on Jurupa Valley Library assets. As of September 7,
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2022 the Library DIF Fund 226 balance is $674,553. Staff is requesting direction from the City Council to coordinate with the Riverside County Library System for the purpose of developing a multiyear investment plan, utilizing up to $500,000 from the Library DIF Fund.
As part of the proposed plan, staff will explore all possible eligible library expenditures allowed under the Mitigation Fee Act, meet with Riverside County Library staff to prioritize eligible areas of investment need and develop an multiyear investment strategy for future City Council discussion, direction and approval.
STAFF RECOMMENDATIONS
Staff recommends that the City Council direct staff to coordinate with the Riverside County Library System on the development of a $500,000 Jurupa Valley Library Investment Plan. During a future City Council meeting, staff will present the proposed plan to the City Council for discussion, direction and adoption.
FINANCIAL IMPACT
There is no financial impact as a result of the recommended action. If the Jurupa Valley Library Investment Plan is adopted at a future date as proposed, the impact to DIF Library Fund 226 will be $500,000, leaving a remaining fund balance of $174,553.
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.
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