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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, February 2, 2023
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
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, 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
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
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 INTERAGENCY COORDINATING COUNCIL
MEETING HELD JANUARY 27, 2023
B. MAYOR PRO TEM GUILLERMO SILVA
1. UPDATE ON THE WESTERN RIVERSIDE COUNTY - REGIONAL
CONSERVATION AUTHORITY MEETING OF JANUARY 9, 2023
2. UPDATE ON THE NORTHW EST MOSQUITO AND VEC TOR
CONTROL DISTRICT MEETING OF JANUARY 19, 2023
C. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION – WESTERN RIVERSIDE COUNTY PROGRAMS
AND PROJECTS COMMITTEE MEETING OF JANUARY 23, 2023
2. UPDATE ON THE RIVERSIDE TRANSIT AGENCY BOARD OF
DIRECTORS MEETING OF JANUARY 26, 2023
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 nam e 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 ac tion on a specific item until it appears on an agenda.
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3. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF JANUARY 2 7,
2023
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. JANUARY 13, 2023 SPECIAL MEETING
B. JANUARY 19, 2023 REGULAR MEETING
12. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$2,998,215.03
Requested Action: That the City Council ratify the check registers dated January 4, 12, and 19, 2023 as well as the payroll registers dated January 6 and 20, 2023
C. ORDINANCE NO. 2023-01
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-01, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACI TY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLE Y COMMUNITY
FACILITIES DISTRICT NO. PS 2022 -005 (PUB LIC SAFETY,
GOLDENWEST) AUTHORIZ ING TH E LEVY OF A SPECIAL TAX
THEREIN
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D. ORDINANCE NO. 2023-02
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-02, entitled:
AN ORDINANCE OF THE CITY COU NCIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 22009
FROM PLANNED UNIT DEVELOPMENT (PUD) NO. 2 TO PUD -03, FOR THE PROPERTY LOCATED NORTH OF SR -60, WEST OF CANAL
STREET, SOUTH OF 28TH STREET, AND EAST OF THE RIO VISTA SPECIFIC PLAN (APNS: 179-060-002, 178-070-004, -006, -007, 178-120-001, AND -002)
E. ORDINANCE NO 2023-03
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-03, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. 2021 -001 (GOLDENWEST) AUTHORIZING
THE LEVY OF A SPECIAL TAX THEREIN
F. CONSIDERATION OF A RESOLUTION ESTABLISHING A CITY TREE POLICY
Requested Action: That the City Council adopt Resolution No. 2023-13, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ESTABLISHING A CITY TREE POLICY AND
FINDING THE POLICY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES
SECTION 15301, EXISTING FACILITIES
G. TERMINATION OF WESTERN COMMUNITY ENERGY JOINT
POWERS AUTHORITY AGREEMENT
1. That the City Council adopt Resolution No. 2023-14, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, APPROVING THE
“TERMINATION AGREEMENT REGARDING WESTERN
COMMUNITY ENERGY”
2. That the City Council conduct a first reading and introduce Ordinance No. 2023-04, entitled:
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AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, REPEALING CHAPTER 15.80 OF THE JURUPA
VALLEY MUNICIPAL CODE, ELECTRICAL UTILITIES,
COMMUNITY CHOICE AGGREGATION
H. FOURTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KIMLEY-
HORN AND ASSOCIATES, INC. FOR THE TRAFFIC SIGNAL
INSTALLATION, PEDLEY AND JURUPA PROJECT, CIP PROJECT NO. 16-C.2
Requested Action: That the City Council approve the “Fourth Amendment to Professional Consultant Services” between the City of Jurupa Valley and Kimley - Horn and Associ ates, Inc. and authorize the City Manager to execute the Amendment in substantially the form attached to the staff report and in such final form as approved by the City Attorney.
I. APPROVAL OF THE THIRD AMENDMENT TO THE AGREEMENT FOR
SECURITY SERVICES WITH ALL AMERICAN PRIVATE SECURITY,
LLC
Requested Action: That the City Council approve the Third Amendment to the Agreement for Security Services between the City of Jurupa Valley and All American Private Security, LLC and authorize the City Manager to e xecute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.
J. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
STATEWIDE EMERGENCY SERVICES INC., FOR ON -CALL
HAZARDOUS WASTE CLEAN-UP SERVICES
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Statewide Emergency Services, Inc. (“Statewide”) for On - Call Hazardous Waste Clean-Up Services for an amount not to exceed $80,000 per each fiscal year through the initial term of the agreement, 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.
K. AGREEMENT BETWEEN TH E CITY OF JURUPA VAL LEY AND
SOUTHERN CALIFORNIA GAS COMPANY FOR I NSTALLATION OF
UNDERGROUND GAS LINE TO SERVE THE STANDBY GENERATOR AT
THE JURUPA ROAD GRADE SEPARATION PROJECT
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Southern California Gas Company in the amount not to exceed $63,168.27 for the installation of the new underground gas line to serve the standby generator for the Jurupa Road Grade Separation Project, and aut horize the City Page - 6 -
Manager to execute the A greement in substantially the form attached to the staff report and in such final form as approved by the City Attorney.
13. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
14. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 22298: A THREE-YEAR EXTENSION FOR RUBIDOUX GATEWAY SITE DEVELOPMENT PERMIT NO. 16043 (SDP16043EOT1) TO EXTEND THE EXPIRATION DATE TO OCTOBER 29, 2025, AND DETERMINE THAT
NO FURTHER CEQA REVIEW IS REQUI RED PURSUANT TO CEQA
GUIDELINES SECTION 15162; LOCATION: NORTHEAST CORNER OF MISSION BOULEV ARD AND CRESTMORE ROAD (APNS: 179-330-002, 003, 004, 005 & 006); (APPLICANT: NORTHTOWN HOUSING
DEVELOPMENT CORPORATION)
Requested Action: That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2023-15, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING A THREE-YEAR EXTENSION OF TIME FOR SITE DEVELO PMENT PERMIT NO. 160 43 FOR A MIXED-
USE DEVELOPMENT PROJ ECT LOCATED ON THE N ORTHEAST
CORNER OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS:
179-330-002, -003, -004, -005, AND -006) EXTENDING THE EXPIRATION DATE TO OCTOBER 29, 2025, AND DETERMININ G NO FURTHER
CEQA REVIEW IS REQUI RED PURS UANT TO CEQA GUIDELI NES
SECTION 15162
15. COUNCIL BUSINESS
A. APPOINTMENT TO THE PUBLIC WORKS ADVISORY COMMITTEE
Requested Action: That the City Council ratify Council Member Armando Carmona’s appointment to the Public Works Advisory Committee , which shall expire in December 2026.
B. APPOINTMENT OF AN AD HOC COMMITTEE FOR THE PURPOSE OF REVIEWING THE PROPOS ED 2023 SOLID WASTE RATES AND
IMPLEMENTATION OF CITYWIDE ORGANIC WASTE COLLECTION
SERVICES FOR ALL COM MERCIAL, MULTIFAMILY , AND
RESIDENTIAL ACCOUNTS WITHIN CITY LIMITS
Requested Action: That the City Council approve the formation of an Ad Hoc Committee appointing two members of the City Council to assist staff regarding
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the City’s 2023 solid waste rates and implementation of Citywide organic waste collection services.
16. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
17. CITY ATTORNEY’S REPORT
18. COUNCIL MEMBER REPORTS AND COMMENTS
19. ADJOURNMENT
Adjourn to the Regular Meeting of February 16, 2023 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332 -6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
AGENDA ITEM NO. 11.A
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MINUTES
OF THE SPECIAL MEETING
OF THE JURUPA VALLEY CITY COUNCIL
January 13, 2023
The meeting was held at the Jurupa Valley City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA
1. 5:30 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION MEETING ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
Mayor Chris Barajas called the Special Meeting to order at 5:30 p.m.
2. CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM
There were no public comments regarding the closed session item.
B. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION. The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City from Century Communities of California, LLC, with respect to its application to construct condominiums at the southwest corner of Limonite Avenue and Beach Street, Lot 7 and Lot 9 of PA 2 of the Paradise Knolls Specific Plan. On file in the Office of the City Clerk and attached to the Agenda is the December 1, 2022 letter from attorney Ryan Leaderman of Holland and Knight representing Century Communities of California objecting to the proposed denial of the Projects and threatening litigation against the City.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED SESSION Mayor Chris Barajas announced that there were no reportable actions taken.
4. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 6:37 p.m.
RETURN TO AGENDA
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The next meeting of the Jurupa Valley City Council will be held January 19, 2023 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. 11.B
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
January 19, 2023
The meeting was held at the Jurupa Valley City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA
1. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR SESSION ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
Mayor Chris Barajas called the regular meeting to order at 7:01 p.m. He announced that the closed session meeting was canceled.
5. INVOCATION was given by Pastor Jeremy Williams from Grace Fellowship Church.
6. PLEDGE OF ALLEGIANCE was given by Council Member Brian Berkson.
7. APPROVAL OF AGENDA
Mayor Chris Barajas announced that Item 17.B would be taken immediately following Item 16.A as Items 16.A and 17.B are related items.
A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Guillermo Silva, to approve the Agenda with the above changes.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
8. PRESENTATIONS
A. INTRODUCTION OF HUMAN RESOURCES STAFF
City Manager Rod Butler acknowledged Tanya Bragg, Human Resources /Risk & Safety Manager and her staff for all their efforts in helping the City transition from consultants to employees and for building the City’s in -house staff. Ms. Bragg introduced Cynthia Passalacqua , Human Resource Analys t and Taylor Howard , Human Resources Specialist.
RETURN TO AGENDA
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B. QUARTERLY UPDATE – HEALTHY JURUPA VALLEY
Natalie Hidalgo, representing Reach Out, provided the quarterly update.
C. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF
COMMERCE
Tyler Byrne, representing the Jurupa Valley Chamber of Commerce, provided the quarterly update.
D. PRESENTATION OF THE CITY’S ANNUAL COMPREHENSIVE
FINANCIAL REPORT (ACFR) – PRESENTED BY JESSICA ANDERSEN,
CPA, PARTNER, EIDE BAILLY LLP
Jessica Andersen presented the City’s ACFR Report a nd offered to answer any questions.
9. PUBLIC APPEARANCE/COMMENTS
Wayne Brown, representing the Riverside County Transportation Commission, provided information on a planned 55- hour closure on the westbound 91 Freeway. Beginning January 27 through January 30 from the I-15 south to Lincoln Avenue. Further information is available at www.rctc.org
Lori Drengson, representing the Corona -Norco Family YMCA, gave an update on the services they provide to Jurupa Valley residents, including child development programs, licensed childcare, free swim lessons to the Auburndale Community Pool for ages up to age five, a vaccine clinic and health education programs.
Luis Diaz thanked Council Member Armando Carmona for his help last weekend when he assisted neighbors to combat flooding on 48th Street, where they made over 200 sandbags.
He thanked the members of the community for participating in such a large cleanup effort.
Betty Anderson voiced the following concerns: 1) The City should hire an interpreter for Spanish translations at Council meetings; 2) Written email comments should be included with the Council Minutes; 3) The last mayoral rotation was not OK with her as the mayor was given a two-year term; 4) The RTRP should have been underground and she is happy that the City of Riverside now agrees with the City and it should not have cost millions of dollars to come to this conclusion.
Anthony Kelly, Jr., congratulated Armando Carmona on his election to the City Council.
He voiced concern that Wallace and 34th Street is a residential street that has a speed limit of 45 miles per hour. He noted the num ber of accidents over the past three years, stating that it is verging on negligence. He stated that the illegal dispensary at 5302 Mission Boulevard needs to be shut down, as it is right down the street from a church and an elementary school. He suggest ed that the development agreement funds that are being generated by the Veridian project should be used to rehabilitate the streets in Glen Avon.
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Lea Petersen, representing Southern California Gas Co., discussed the recent gas bills and why they are so h igh. She explained how natural gas is purchased and why the supplies have been limited this year. She provided information as to how residents can access customer assistance programs at www.socalgas.com or at (800) 427-2200.
George Ruiz suggested that the City Council work closer with the Riverside County Flood Control and Water Conservation District by attending the Zone Commissioner hearings as it could assist the City with securing resources for flooding issues. He voiced concern regarding the way the last mayoral election was conducted.
Emmanuel Suarez discussed the tragic death of Deputy Isaiah Cordero. He asked that the Council support the police and hold the judge accountable for her actions , which allowed a criminal to be released on bail.
Tom Elder voiced concern regarding the City Council mayoral election, stating whomever is supposed to be mayor is supposed to be mayor or he will be mayor.
Colin Markovich, representing Assembly Member Sabrina Cervantes, welcomed Armando Carmona to the City Council. He provided a legislative update , noting that Assembly Member Cervantes had the pleasure of meeting with a delegation from the City of Jurupa Valley to discuss legislative priorities a nd she looks forward to having future productive discussions with the City Council. Mr. Markovich recognized Deputy Isaiah Cordero and his service to the community, stating that the Assembly Member Cervantes had the honor and privilege of adjourning the legislative session in his memory.
Jesus Diaz asked for help with the flooding issues in Mira Loma. He stated that there are several areas where the flooding is out of control. He thanked Council Member Armando Carmona for his assistance last week in as sisting homeowners who were impacted by the flooding.
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Armando Carmona expressed his condolences to the Sheriff’s Department and the family of Deputy Isaiah Cordero. He conveyed his condolences to the family of Deputy Darnell Calhoun who was killed near Lake Elsinore last week. He reminded residents in his district that the Council is here to engage in civil debate and any threats of physical harm to any of his colleag ues on the Council is the same as a threat to him. He stated that the Council is here to work together to serve the community and that will be his focus. He thanked Tyler Byrne for his business outreach to the City’s Latino and equine community. He disc ussed the flooding issues in Mira Loma and the City’s efforts to address these issues by using a comprehensive approach.
Mayor Chris Barajas responded to Anthony Kelly’s comments, stating that state traffic laws prohibit stop signs to be used to control speeding and City staff must evaluate the use of stop signs according to specific criteria as outlined by state law. He discussed the Aqua Mansa Commerce Center project, which was formerly a hazardous brown site and the
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resulting development agreement that was negotiated that will bring millions of dollars to the City as a community benefit.
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. Mayor Chris Barajas gave an update on the Inland Regional Energy Network Executive Committee meeting of January 17, 2023.
B. MAYOR PRO TEM GUILLERMO SILVA
1. Mayor Pro Tem Guillermo Silva announced that he would continue his updates to the next Council meeting.
C. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Bri an Berkson gave an update on the Riverside County Transportation Commission meeting of January 11, 2023.
2. Council Member Brian Berkson gave an update on the Northwest Transportation Now Coalition meeting of January 12, 2023.
3. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of January 13, 2023.
4. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Reduction Review Committee meet ing of January 19, 2023.
12. CITY MANAGER’S UPDATE
Michael Flad, Assistant City Manager, gave a report required by AB 1234 . He reported that Mayor Chris Barajas and Council Member Leslie Altamirano attended the California Contract Cities Association ’s Legislative Tour, January 8 through Jan uary 11, 2023 .
Expenses for that tour included travel and accommodations. Meals were provided at no additional cost as part of the sessions . The topics included homelessness, infrastructure funding, local control, housing, mental health services, global warming, public safety and funding for the Inland Empire Trade Technology campus. Individual meetings were also held with Assembly Member Sabrina Cervantes, Senator Richard Roth, and the City’s lobbying firm.
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Bryce Bartlett, the City’s Emergency Preparedness Coordinator, introduced himself to the Council. He gave an update on the Riverside County’s Emergency Management Department and the Local Hazard Mitigation Plan, which is available on the City’s website.
He encouraged members of the community to review the Plan and provide comments.
13. APPROVAL OF MINUTES
A. DECEMBER 15, 2022 REGULAR MEETING
A motion was made by Council Member Brian Berkson, seconded by Council Member Armando Carmon, to approve the Minutes of the December 15, 2022 Regular meeting, as amended.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$4,286,249.70
Requested Action: That the City Council ratify the check registers dated November 22, 30 and December 7, 14, 21, and 28, 2022 as well as the payroll registers dated November 25, 30 and December 9, 23, and 31, 2022.
C. ORDINANCE NO. 2022-22
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-22, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY , CALIFORNIA,
AMENDING THE JURUPA VALLEY MUNICIPAL CODE TO
ESTABLISH A NEW AIRPORT ZONE CLASSIFICATION, ES TABLISH
PERMITTED LAND USES AND DEVELOPMENT STANDARDS FOR
THE AIRPORT ZONE, AND MAKE OTHER CONFORMING CHANGES
TO TITLE 9 OF THE JURUPA VALLEY MUNICIPAL CODE, AND
FINDING AN EXEMPTION FROM CEQA UNDER SECTION 15061(B)(3)
OF THE CEQA GUIDELINES
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D. ORDINANCE NO. 2022-23
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-23, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY , CALIFORNIA,
APPROVING AN AMENDMENT TO THE CITY OF JURUPA VALLEY
OFFICIAL ZONING MAP CHANGING THE ZONES OF
APPROXIMATELY 138.86 COMBINED ACRES OF REAL PROPERTY
LOCATED AT 4130 MENNES AVENUE FROM MANUFACTURING
HEAVY (M -H), MANUFACTURING -SERVICE COMMERCIAL (M -SC), GENERAL RESIDENTIAL (R -3), AND PLANNED RESIDENTIAL (R -4)
ZONES TO AIRPORT (AIR) ZONE, AND FINDING AN EXEMPTION
FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA
GUIDELINES
E. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN
WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(e) DURING THE COVID -19
STATE AND LOCAL EMERGENCY
Requested Action: That the City Council adopt Resolution No. 202 3-01, 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
F. AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE CITY
RECORDS
Requested Action: That the City Council adopt Resolution No. 2023-02, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN OBSOLETE CITY RECORDS
G. INITIATION OF A ZONING CODE AMENDMENT TO AMEND
CHAPTER 9.275 OF THE JURUPA VALLEY MUNICIPAL CODE
PETAINING TO WIRELESS COMMUNICATION FACILITIES; CEQA
DETERMINATION: THE PROJECT IS EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY
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ACT AND THE CITY’S LOCAL CEQA GUIDELINES PURSUANT TO
CEQA GUIDELINES SECTION 15061 (B) (3)
Requested Action: That the City Council initiate a Zoning Code Amendment to amend Chapter 9.275 of the Jurupa Valley Municipal Code perta ining to Wireless Communication Facilities (WCFs).
H. ZONING CODE AMENDMENT ZCA 22004 (SHORT -TERM RENTALS) -
INITIATION OF A N AMENDMENT TO THE JURUPA VALLEY
MUNICIPAL CODE (JVMC) TO CLARIFY AND CODIFY THE
PROHIBITION OF SHORT -TERM RENTALS (STRS) IN ALL
RESIDENTIALLY ZONED DISTRICTS; CEQA DETERMINATION: THE
PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE CITY’S
LOCAL CEQA GUIDELINES PURSUANT TO CEQA GUIDELINES
SECTION 15061 (B) (3)
Requested Action: That the City Council initiate a Zoning Code Amendment to codify the prohibition of Short -Term Rentals (STRs) in all residentially zoned districts.
I. APPROVAL OF PURCHASE OF TWO FORD F -150 V6 ECO BOOST
PICK-UP TRUCKS FROM CITRUS FORD
Requested Action: That the City Council approve the purchase of two 2023 Ford F-150 EcoBoost V6 Pick Up Trucks, at the cost of $89,822.48 utilizing funding from the Assembly Bill 2766 ("AB 2766") Program ("Program") of the South Coast Air Quality Management District, (“SCAQMD”), i ncluded in FY 2022-23 Budget.
J. AGREEMENTS BETWEEN THE CITY OF JURUPA VALLEY AND THE
JURUPA COMMUNITY SERVICES DISTRICT TO PR OVIDE GRAFFITI
ABATEMENT SERVICES ON PRIVATE AND PUBLIC PROPERTY
1. That the City Council approve the Agreement between the City of Jurupa Valley and the Jurupa Community Services District for graffiti abatement services on private property for an amount not to exceed $80,000.00 per each fiscal year and authorize the City Manager to execute the Agreement.
2. That the City Co uncil approve the Agreement between the City of Jurupa Valley and the Jurupa Community Services District for graffiti abatement services in the public right-of-way for an amount not to exceed $20,000.00 per each fiscal year and authorize the City Manager t o execute the Agreement.
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K. ACCEPTANCE OF ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) AUDITED BY INDEPENDENT AUDITORS, EIDE BAILLY
Requested Action: That the City Council receive and file the ACFR audited by the City’s Independent Auditors, Eide Bailly (CPAs).
L. AWARD CONSTRUCTION AGREEMENT TO IE GENERAL
ENGINEERING INC. OF BEAUMONT, CA FOR SUNNYSLOPE AREA
SR2S SIDEWALK GAP CLOSURE, CIP #19107
1. That the City Council approve and award a construction agreement to IE General Engineering Inc. of Beaumont, CA. in the amount of $2,246,197.00 for the Sunnyslope Area SR2S Sidewalk Gap Closure, CIP #19107, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached hereto.
2. That the City Council authorize the City Manager to execute any subsequent related minor amendments to the Agreement with IE General Engineering, Inc., up to 10% as contingency to cover the cost o f any unforeseen conditions.
3. That the City Council a uthorize the City Manager to r ecord the Notice of Completion upon acceptance of the work by the City Engineer.
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to approve the Consent Calendar.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 22118: VESTING TENTATIVE TRACT MAP (VTTM) NO. 38258 FOR 35 DETACHED CONDOMINIUMS ON APPROXIMATELY 2.62 ACRES
LOCATED AT THE NORTHEAST CORNER OF RANCHO JURUPA DRIVE
AND BEACH STREET (APN: 162 -230-014); (APPLICANT: CENTURY
COMMUNITIES OF CALIFORNIA, LLC)
Kumail Raza, Senior Planner, presented the staff report.
Mayor Chris Barajas opened the public hearing.
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Justin Brewer, Division Manager, Century Communities, Inc . thanked City staff and spoke in support of the project. He offered to answer any questions.
Jim Kozak, gave an update on the progress of the site and the commercial aspect of the project.
Gary Conner stated that he was disappointed to see more high-density development that does not reflect the area’s equestrian and rural way of life. He questioned why the equestrian center and horse stables were removed from the project.
Lola Montez stated that she was very dissatisfied with the Paradise Knolls project because she thought it would be an equestrian -family friendly community, which was changed by the City Council in November, 2021. She asked the Council to be mindful that the project is surrounded by an equestrian community and horse property.
Tom Elder encouraged Council Member Carmona to stand up to the developer and push for more rural development as that is what he promised when he ran for City Council.
Ryan Leaderman, representing the law firm of Holland & Knight LLP, stated that the project is consistent with all objective standards of the City and complies in every respect with the Specific Plan that the City previously approved. There are no zone changes and no variances. As such, the Housing Accountability Act applies here and it would be illegal for the City to deny the project.
Council Member Armando Carmona stated that the developer made a promise that he did not intend to keep. Paradise Knolls was approved many years ago and it is now within the state mandated housing units. He has had disagreements with decisions made in the past; however, this specific change requested by the developer is now a project that will force the City to rezone other areas in the City for high-density housing, which puts the equestrian community at risk.
Mayor Chris Barajas clarified that the Paradise Knolls project was equestrian styled but never equestrian friendly. The 650 homes approved were not equestrian friendly. He added that the equestrian facility was never a public facility - it was a market rate boarding facility. He clarified how state law allows a developer to build less than the minimum use according to the approved zoning.
Further discussion followed.
City Attorney Peter Thorson provided the legal aspects of the approval of the project.
Council Member Armando Carmona stated that the removal of the arena and the boarding stalls was an important part of the project to ensure consistency with the
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neighboring equestrian community. The removal of those items changed the essence of the project. He understands the legal challenges, but the community does not appreciate threats of litigation.
There being no further comments, the public hearing was closed.
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2022-03, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP NO. 38258 AND A NEIGHBORHOOD DEVELOPMENT PLAN TO
PERMIT A SCHEDULE “A” SUBDIVISION OF APPROXIMATELY 2.62
ACRES OF REAL PROPERTY L OCATED AT THE NORTHEAST
CORNER OF RANCHO JURUPA DRIVE AND BEACH STREET (APN:
162-230-014) INTO 7 LOTS FOR DETACHED CONDOMINIUMS, A
PRIVATE STREET, PRIVATE COURTS, AND OPEN SPACE; AND
MAKING A DETERMINATION OF EXEMPTION UNDER CEQA
GUIDELINES SECTION 15162
Ayes: L. Altamirano, C. Barajas, G. Silva
Noes: B. Berkson, A. Carmona
Absent: None
The following item was taken out of order:
17.B MASTER APPLICATION (MA) NO. 22051: VESTING TENTATIVE TRACT MAP (VTTM) NO. 38257 FOR 118 CONDOMINIUMS ON
APPROXIMATELY 7.94 ACRES LOCATED AT THE SOUTHWEST
CORNER OF LIMONITE AVENUE AND BEACH STREET (APN: 162-230- 012); (APPLICANT: CENTURY COMMUNITIES OF CALIFORNIA, LLC) Staff Report presented by Joe Perez, Community Development Director.
At the request of Council Member Armando Carmona, Mr. Perez explained that if this project is approved, the City would need to identify additional property to meet the state’s housing allocations that are designated by income levels.
Further discussion followed.
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano , to adopt the following proposed resolution to approve Master Application No. 22051:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING VESTING TENTATIVE TRACT MA P (VTTM)
NO. 38257 AND NEIGHBORHOOD DEVELOPMENT PLAN TO PERMIT
THE CONSTRUCTION OF 118 CONDOMINIUMS ON APPROXIMATELY
7.94 ACRES LOCATED AT THE SOUTHWEST CORNER OF LIMONITE
AVENUE AND BEACH STREET AND APPROVING A PREVIOUS
ENVIRONMENTAL DETERMINATION FINDING THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (APN: 162-230-012)
Ayes: L. Altamirano, C. Barajas, G. Silva
Noes: B. Berkson, A. Carmona
Absent: None
B. PUBLIC HEARING TO CO NSIDER CALLING A SPE CIAL ELECTION; DECLARING THE RESULT S OF THE ELECTION; A ND APPROVING
FORMATION AND LEVY O F SPECIAL TAXES FOR CITY OF JURUPA VALLEY COMMUNITY FAC ILITIES DISTRICT NO. 2021-001
(GOLDENWEST) GENERALLY LOCATED AT THE WEST OF OPAL
STREET AND NORTH OF 45TH STREET, TRACT NO. 36827
Paul Toor, Public Works Director, presented the staff report.
Mayor Chris Barajas opened the public hearing.
There being no further comments, the public hearing was closed.
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Brian Berkson, to adopt Resolution No s. 2023 -04, and 2023 -10, entitled:
RESOLUTION NO. 2023-04 – A RESOLUTION OF FORMATION OF THE
CITY COUNCIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, TO
ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 2021 -001 (GOLDENWEST), TO ESTABLISH AN
APPROPRIATIONS LIMIT THEREFORE, TO AUTHORIZE THE LEVY
OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE
ESTABLISHMENT OF AN APPROPRIATIONS L IMIT AND THE LEVY
OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
RESOLUTION NO. 2023-10 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF JURUPA VALLEY , CALIFORNIA, CALLING A
SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 2021 -001 (GOLDENWEST) PROPOSITIONS
REGARDING THE ESTABLISHMENT OF AN APPROPRIATIONS
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LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE
COMMUNITY FACILITIES DISTRICT
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
At the request of the mayor, the City Clerk announced that one owner cast one ballot. All votes cast were in favor of the special tax.
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Brian Berkson, to adopt Resolution No. 2023-11, entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 2021-001 (GOLDENWEST) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Brian Berkson, to introduce Ordinance No. 2023-03, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. 2021 -001 (GOLDENWEST) AUTHORIZING
THE LEVY OF A SPECIAL TAX THEREIN
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
C. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPRO VING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -005
(PUBLIC SAFETY, GOLDENWEST) GENERALLY LOCATED AT THE
WEST OF OPAL STREET AND NORTH OF 45TH STREET, TRACT 36827
Paul Toor, Public Works Director, presented the staff report.
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Mayor Chris Barajas opened the public hearing.
There being no further comments, the public hearing was closed.
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to adopt Resolution No s. 2023 -05 and 2023 -06, entitled:
RESOLUTION NO. 2023-05 – A RESOLUTION OF FORMATION OF THE
CITY COUNCIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, TO
ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITEIS
DISTRICT NO. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST), TO
ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO
SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
RESOLUTION NO. 2023-06 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF JURUPA VALLEY , CALIFORNIA, CALLING A
SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST )
PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL
TAX WITHIN THE COMMUNITY FACILITIES DISTRICT
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
At the request of the mayor, the City Clerk announced that one owner cast one ballot. All votes cast were in favor of the special tax.
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to adopt Resolution No. 2023-07, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) AND
DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
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A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to introduce Ordinance No. 2023 -01, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTICT NO. PS 2022 -005 (PUBLIC SAFETY,
GOLDENWEST) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
D. PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO. 21060: CHANGE OF ZONE NO. 22009 FROM PUD NO. 02 TO PUD -03, AND MINOR CHANGE NO. 2 TO TENTATIVE TRACT MAP NO. 39647 – EMERALD RIDGE NORTH FOR 184 SINGLE -DETACHED HOMES ON
44 ACRES AND ADOPT AN ADDENDUM TO THE CERTIFIED EIR FOR
THE EMERALD RIDGE RESIDENTIAL PROJECT PURSUANT TO
CEQA GUIDELINES SECTION 15164 (APNS: 179-060-002, 178-070-004, -006, - 007, 178-120-001, AND -002); (APPLICANT: HIGHPOINTE EMERALD RIDGE LLC)
Kumail Raza, Senior Planner , presented the staff report. Mr. Raza provided the background of the approval process, the project site, and nearby development activity.
Further discussion followed.
Council Member Armando Carmona asked if the City could condition the applicant to comply with the City’s Inclusionary Housing Ordinance requirements.
At the request of Mayor Chris Barajas, Mr. Raza provided a summary of the community improvements that the applicant will be providing including the improvement of 28th Street, between Canal and Avalon, which includes widening, driveway alignments, sidewalks, and curb and gutter.
Mayor Chris Barajas opened the public hearing.
Steve Vliss, President, Highpointe Communities (Applicant), spoke on behalf of the project and offered to answer any questions.
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Council Member Armando Carmona asked the developer if he would be willing to voluntarily participate in the City’s Inclusionary Housing Ordinance , to designate a certain portion of the development for affordable housing.
Steve Vliss, (Applicant), stated that he w ould respectfully decline; however, he would consider it on future projects.
There being no further comments, the public hearing was closed.
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva to adopt Resolution No. 2023-08, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING AN ADDENDUM TO THE
CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE
EMERALD RIDGE RESIDENTIAL PROJECT (SCH NO. 2016041020)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona
Absent: None
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-09, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA , APPROVING MINOR CHANGE NO. 2 TO
TENTATIVE TRACT MAP NO. 36947 TO EXTEND LA CAÑADA DRIVE
INTO TRACT AS THE NEW SECONDARY POINT OF ACCESS
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona
Absent: None
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to introduce Ordinance No. 2023-02, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 22009
FROM PLANNED UNIT DEVELOPMENT (PUD) NO. 2 TO PUD -03, FOR THE PROPERTY LOCATED NORTH OF SR -60, WEST OF CANAL
STREET, SOUTH OF 28TH STREET, AND EAST OF THE RIO VISTA SPECIFIC PLAN (APNS: 179-060-002, 178-070-004, -006, -007, 178-120-001, AND -002)
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Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: None
Abstain: A. Carmona
17. COUNCIL BUSINESS
A. APPOINTMENTS TO THE PLANNING COMMISSION
Staff Report presented by Victoria Wasko, City Clerk.
Mayor Chris Barajas invited the following applicants to introduce themselves to the Council and share why they wish to serve on the City’s Planning Commission:
Tyler Byrne, Gary Conner, Alfonso Castorena, Jessica Jimenez Loaisiga, William Long, Arleen Pruitt, Brenda Reynolds, Araceli Talavera, and Yesenia Villagomez. (Anthony Kelly, Jr. was not present).
Mayor Chris Barajas applauded all of the individuals who applied to be a member of the Planning Commission. He stated that he would be re -appointing Penny Newman as she is a true champion of the community.
Council Member Brian Berkson thanked all those who stepped forward to volunteer for the Planning Commission. He encouraged them to continue to seek out opportunities to get involved. He indicated that he would be re -appointing Ms.
Pruitt as her heart is in the right place and she has done a tremendous job over the last four years.
Council Member Armando Carmona commented on the number of applicants and he appreciates their willingness to get involved. He is striving to ensure that the City’s commissions and other decision -making bodies reflect and look like the community they are serving. He is seeking someone who can uplift the voices of residents. He would also like to appoint a Latina who can benefit from a leadership opportunity.
Further discussion followed.
A motion was made by Mayor Chris Barajas, seconded by Mayor Pro Tem Guillermo Silva, to re -appoint Penny Newman to the Planning Commission for a term expiring in December 2026.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
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A motion was made by Council Member Brian Berkson, seconded by Mayor Pro Tem Guillermo Silva , to re -appoint Arleen Pruitt to the Planning Commission for a term expiring in December 2026.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
A motion w as made by Council Member Armando Carmon a, seconded by Mayor Pro Tem Guillermo Silva, to appoint Yesenia Villagomez to the Planning Commission for a term expiring in December 2026.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
B. APPOINTMENT OF CITY DELEGATE AND ALTERNATE FOR THE
2023 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) ANNUAL REGIONAL CONFERENCE AND GENERAL
ASSEMBLY
Staff report presented by City Clerk Victoria Wasko.
A motion was made by Mayor Chris Barajas , seconded by Council Member Leslie Altamirano, to appoint Council Member Brian Berkson as the Delegate and Mayor Chris Barajas as the Alternate for the SCAG General Assembly meeting on Thursday, May 4 – Friday, May 5, 2023 at the JW Marriott Desert Springs Resort in Palm Desert, California.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
18. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
19. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
20. COUNCIL MEMBER REPORTS AND COMMENTS
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21. ADJOURNED IN MEMORY
Mayor Chris Barajas adjourned tonight’s meeting in honor of Deputy Isaiah Cordero and Deputy Darnell Calhoun who were both tragically killed in the line of duty. He conveyed condolences to their families on behalf of the City Council.
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 11:00 p.m.
The next meeting of the Jurupa Valley City Council will be held February 2, 2023 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 13.B
CHECK REGISTERS
RECOMMENDATION
That the City Council ratify the check registers dated January 04, 12, and 19, 2023 as well as the payroll registers dated January 06 and 20, 2023 The City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2022-23 Budget was adopted on June 16, 2022. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.
ANALYSIS
All expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The Statement, with purchase details, is attached herewith.
OTHER INFORMATION
None.
FINANCIAL IMPACT
Check registers:
01/04/23 $ 258,664.30
01/12/23 $ 1,041,455.68
01/19/23 $ 1,098,198.92
RETURN TO AGENDA
AGENDA ITEM NO. 13.C
ORDINANCE NO 2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO . PS 2022 -005 (PUBLIC SAFETY,
GOLDENWEST) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
RECITALS:
WHEREAS, the City Council of the City of Jurupa Valley (the “City Council”), has previously adopted Resolution No. 2022-119 entitled “ A Resolution of Intention of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST) and to Autho rize the Levy of a Special Tax within City of Jurupa Valley Commun ity Facilities District No. PS 2022- 005 (PUBLIC SAFETY, GOLDENWEST)” (the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. PS 2022- 005 (PUBLIC SAFETY, GOLDENWEST) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental ex penses, to serve the CFD; and
WHEREAS, the Resolution of Intention set January 19, 2023 , at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing , evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing , all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent t o the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST), to Establish an Appropriations Limit therefor, to Authorize the Levy of a
RETURN TO AGENDA
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Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors thereof” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022 -005 (PUBLIC SAFETY, GOLDENWEST) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Calling Election”) which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and WHEREAS, on January 19, 2023 , the City Council adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-005 (PUBLIC SAFETY, GOLDENWEST) and Directing the Recording of a Notice of Special Tax Lien ” (the “Resolution Declaring Results of Election”) which certified the results of the January 19, 2023 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;
NOW, THEREFOR E, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The Cit y Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land i n the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
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4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of th e Special Tax.
Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxe s; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special T ax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of February, 2023.
_____________________________
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. 2023 -01 was regularly introduced at a regular meeting of the City Council held on the 19 th day of January, 2023 and thereafter at a regular meeting held on the 2 nd day of February, 2023, 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 2nd day of February, 2023.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
AGENDA ITEM NO. 13.D
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ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, APPROVING
CHANGE OF ZONE NO. 22009 FROM PLANNED UNIT
DEVELOPMENT ( PUD) NO. 2 TO PUD -03, FOR THE
PROPERTY LOCATED NOR TH OF SR -60, WEST OF
CANAL STREET, SOUTH OF 28TH STREET, AND EAST OF
THE RIO VISTA SPECIFIC PLAN (APNS: 179 -060-002, 178-
070-004, -006, -007, 178-120-001, AND -002)
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Background. On May 18, 2017, the Jurupa Valley City Council adopted Resolution No. 2017 -15 certifying a Final Environmental Impact Report (FEIR), a Mitigation Monitoring and Reporting Program (MMRP), and a Statement of Overriding Considerations (SOC) for General Plan Amendment No. 15004, Change of Zone No. 15003, and Tentative Tract Map Nos. 36947 and 36948 (collectively, Master Application Nos. 15072 and 15148) to permit the development of approximately 68 gross acres into 281 single -family residential lots, 118 condominiums and several open space areas on real property located north of State Route 60, east of Rio Vista Specific Plan, south of 28th Street, and west of Avalon Street (APNs: 179-070-004, 006, 007; and 178-191-001, 002, 004, 015).
Section 2. Project. The Applicant seeks a Change of Zone from Planned Unit Development (PUD) No. 02 to PUD -03 to enhance the previously approved architecture, reconfigure internal circulation, and expand the open space and trail network, and a Minor Change No. 2 to Tentative Tract Map No. 36947 to reconfigure previously approved lot lines to extend La Cañada Drive into the tract as the new secondary point of access instead of a railroad crossing at Alta Street (collectively, MA No. 21060).
Section 3. Project Procedural Findings . The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA No. 21060 was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On December 14, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on an Addendum to the Certified Environmental Impact Report and MA No. 21060, at which time all persons interested in the Project 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 and adopted Resolu tion No. 2022 -12-14-03 recommending that the City Council adopt an Addendum to the Certified Environmental Impact Report and approve MA No. 21060.
(c) All legal preconditions to the adoption of this Ordinance have occurred.
RETURN TO AGENDA
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Section 4. 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) On January 19, 2023, the City Council adopted Resolution No. 2023 -08, adopting an Addendum to the Certified Environmental Impact Report for the Emerald Ridge Residential Project. Resolution No. 2023-08 is incorporated herein as if set forth in full.
Section 5. Change of Zone.
(a) The Applicant seeks a Change of Zone from Planned Unit Dev elopment (PUD) No. 02 to PUD -03 to enhance the previously approved architecture, reconfigure internal circulation, and expand the open space and trail network. (b) Pursuant to Jurupa Valley Municipal Code Section 9.238.080(1), the PUD zoning district may be approved only for a project that incorporates at least five of the following features:
1) Residential clustering that will provide for new neighborhoods combined with abundant open space.
2) Commercial development that provides products or services not currently available within the city.
3) Preservation of abundant natural open space.
4) The project will provide a substantial public amenity, for example, a significant public plaza, a public park, trails or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the city. 5) The project includes significant environmental benefits, such as preservation, enhancement and/or creation of a significant natural feature or open spaces with a minimum area of one-half (½) acre.
6) Additional public benefits and project amenities that advance the city's identified objectives and evolving visions as identified in the General Plan and Community Plans.
7) The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieving a minimum of thirty (30) percent greater energy efficiency than the minimum required by California Code of Regulations Title 24.
8) The project provides for a significant saving of water usage over the life of the project.
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9) Stormwater runoff controls.
(c) Pursuant to Jurupa Valley Municipal Code Section 9.238.080(2), prior to the approval of a zoning amendment to add the PUD designation to a property, the following findings shall be made, along with the general findings required for a zoning amendment set forth in Sections 9.285.010, 9.285.020 and 9.285.030:
1) The project is consistent with the General Plan and any applicable Specific and Community Plans;
2) The project complies with all applicable provisions of this chapter, except for those provisions modified by the PUD rezoning; 3) The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the density and superior design of the proposed project;
4) The proposal would benefit the area surrounding the project to a greater degree than development allowed within the underlying zoning district(s), includi ng improved pedestrian or transit access to jobs, goods and services; 5) The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable, higher quality of development than would otherwise be possible under conventional zoning standards; 6) The project is compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout, with adjoining land uses, mitigates environmental impacts and can be integrated into the neighborhood; 7) The project complies with all applicable City Design Guidelines and provides adequate access, parking, landscaping, trash areas and storage, as necessary; 8) The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas;
9) All affected public facilities, services and utilities are adequate to serve the proposed project; and
10) The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
Section 6. Findings for Approval of Zone Change No. 22009 . The City Council hereby makes the following findings in approving Change of Zone No. 22009:
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(a) Pursuant to Jurupa Valley Municipal Code Section 9.238.080(1), the PUD zoning district may be approved only for a project that incorporates at least five of the following features:
1) The proposed project incorporates clustering through the inclusion of smaller lots ranging in size from 3,500 ft 2 to 8,500 ft2 combined with abundant open space in the form of public parks, trails, and landscaped slopes and hills; 2) The proposed project provides substantial public amenities including two (2) public parks, the 28 th Street trail, and the additional trail along the western boundary of the community. The amenities would be maintained on a long -term basis, not at the expense of the City.
3) The proposed project includes significant environmental benefit through the preservation and enhancement of over 12 acres of natural open space and features. 4) All landscape areas within the proposed project would include draught-tolerant trees and shrubs with a permanent irrigation system to minimize water use and runoff for the life of the project.
5) The proposed project provides for stormwater water runoff controls through the preservation of natural open space, and the development of off -street concrete channels, gutters, and stormwater basins.
(b) Pursuant to Jurupa Valley Municipal Code S ection 9.238.080(2), prior to the approval of a zoning amendment to add the PUD designation to a property, the following findings shall be made, along with the general findings required for a zoning amendment set forth in Sections 9.285.010, 9.285.020 and 9.285.030:
1) The project is consistent with the General Plan and any applicable Specific and Community Plans . The proposed project is consistent with the General Plan in that the project site is designated Medium Density Residential (MDR) that allows up to five (5) dwelling units per acre, and the project is proposing 4.2 dwelling units per acre; 2) The project complies with all applicable provisions of this chapter, except for those provisions modified by the PUD rezoning. ; 3) The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the density and superior design of the proposed project. The proposed modifications to the development standards of the zoning regulations are necessary to accom modate the proposed density superior design of the proposed project in that they allow for residential clustering, and additional recreational and open space; 4) The proposal would benefit the area surrounding the project to a greater degree than development allowed within the underlying zoning district(s), including improved pedestrian or transit access to jobs, goods and services. The proposed project would
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benefit the area surrounding the project site in that it would provide for new pedestrian and vehicular connectivity, revitalize an inactivated area of the City, and create additional opportunities for recreation and healthy mobility;
5) The proposal would provid e mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable, higher quality of development than would otherwise be possible under conventional zoning standards.
The proposed project would incorporate two (2) parks, and an enhanced trail system to achieve a higher quality of development than would otherwise be possible under conventional zoning standards;
6) The project is compatible in use, size and type of structure, relative amount of open spa ce, traffic circulation and general layout, with adjoining land uses, mitigates environmental impacts and can be integrated into the neighborhood. The proposed project is compatible with the adjoining land use in that it is similar in density, provides for a substantial amount of open space, and integrates its circulation with the nearby residential communities; 7) The project complies with all applicable City Design Guidelines and provides adequate access, parking, landscaping, trash areas and storage, as ne cessary. The proposed project complies with all applicable access, parking, landscaping, and trash pick -up requirements, as necessary.
8) The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas. The proposed p roject does not create traffic congestion, noise, odor or other adverse effects on surrounding areas; 9) All affected public facilities, services and utilities are adequate to serve the proposed project. The required facilities, services, and utilities inclu ding sewer, water, and trash pick-up are adequate to serve the project; and 10) The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. The proposed project will not be detrimental to the health, safety, and general welfare of current or future residents in that it is a low -intensity residential project, similar in density to the surrounding communities, and will revitalize an inactivated area of the City.
Section 7. Approval of Zone Change. The City Council of the City of Jurupa Valley hereby rezones the real property located north of SR-60, west of Canal Street, south of 28th Street, and east of Rio Vista Specific Plan (APNS: 179-060-002, 178-070-004, -006, -007, 178-120-001, and -002) from PUD No. 2 to PUD-03, as depicted in Exhibit “A,” and directs the City Manager to revise the official Jurupa Valley Zoning Map to designate the properties as being in this new zone.
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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 s hall 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 9. Effect of Ordinance . This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside incorporated by the City of Jurupa Valley that may in conflict with the terms of this Ordinance.
Section 10. 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 11. 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 2nd day of February, 2023.
_____________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
-7-
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. 2023 -02 was regularly introduced at a regular meeting of the City Council held on the 19 th day of January, 2023 and thereafter at a regular meeting held on the 2 nd day of February, 2023, 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 2nd day of February, 2023.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
Exhibit A
Revised Zoning Map
PUD-03
PUD-03
AGENDA ITEM NO. 13.E
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ORDINANCE NO 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO . 2021-001 (GOLDENWEST) AUTHORIZING
THE LEVY OF A SPECIAL TAX THEREIN
RECITALS:
WHEREAS, the City Council of the City of Jurupa Valley (the “City Council”), has previously adopted Resolution No. 2022-118, entitled: “A Resolution of Intention of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST) and to Autho rize the Levy of a Special Tax within City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST)” (the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intenti on set January 19, 2023 , at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing , all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley to Establish City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualifie d
RETURN TO AGENDA
-2-
Electors thereof” (the “Resolution of Formation” ) which established the CFD and authorized the levy of a special tax within the CFD; and
WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Calling Election”) which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and WHEREAS, on January 19, 2023 , the City Council adopted a resolution entitled “Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. 2021-001 (GOLDENWEST) and Directing the Recording of a Notice of Special Tax Lien” (the “Resolution Declaring Results of Election”) which certified the results of the January 19, 2023 election conducted by the City Clerk, which results showed that more than two -thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DOES HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each ye ar, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of -3-
Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax.
Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxe s; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinq uent Special T ax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inap plicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of February, 2023.
_____________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2023 -03 was regularly introduced at a regular meeting of the City Council held on the 19 th day of January, 2023 and thereafter at a regular meeting held on the 2 nd day of February, 2023, 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 2nd day of February, 2023.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.F
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ESTABLISHING A CITY TREE POLICY
RECOMMENDATION
1. That the City Council adopt Resolution No. 2023-13, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ESTABLISHING A CITY TREE POLICY AND
FINDING THE POLICY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301, EXISTING
FACILITIES
BACKGROUND
The City is responsible for the maintenance and conservation of trees in the public right- of-way and easements . Maintenance typically involves scheduled grid pruning and trimming. Due to the special equipment and expertise required to perform tree -trimming services, West Coast Arborists, Inc. (“WCA”) provides the services on the City’s behalf.
Trees scheduled for routine maintenance or removal are generally at the recommendation of WCA. WCA makes the recommendation, and the City authorizes whether to proceed with the work. Occasionally, the Public Works Department receives maintenance and tree removal requests from residents and businesses.
The City anticipates that as trees mature; they will sometimes become diseased and die, prompting removal. In these types of cases, the decision to remove a tree is straightforward. In other instances, the decision to remove or replace a tree is less straightforward and the Public Works Director must use discretion.
RETURN TO AGENDA
Page | 2
ANALYSIS
Public Works Staff researched surrounding cities to develop the City’s first internal tree policy. The purpose of the policy is to establish written tree removal and planting criteria.
For example, tree removal is acceptable if it poses reasonable risk of injury or harm to persons or property. Tree removal is unacceptable if the reason behind the removal is strictly cosmetic such as the tree causing a mess on sidewalks or in gutters.
The primary goal with tree maintenance is to conserve the City’s tree canopy whenever possible. The proposed Resolution No. 2023-13 is a tree for tree policy; whenever a tree is removed, a new tree will be planted. Replacement trees shall be planted in the same location when practical . If the location is unsuitable for a new tree planting, staff will identify another location within City limits to plant.
RHA Landscape Architects, the City’s landscape consultant, developed a tree palette that would be suitable for the City’s environment and met specific criteria. Criteria included minimal potential for root damage, power -line friendly, and drought -friendly. A draft version of the tree planting policy and proposed tree palette was discussed with the Public Works Advisory Committee at the October 13, 2022, meeting.
The City’s proposed tree palette consists of 10 trees. The palette will continue to evolve once the tree inventory is complete. Staff anticipates the inventory will be complete by the end of this fiscal year. With approval of Resolution No. 2023-13, formal tree removal and planting guidelines will be implemented and any new tree plantings will coincide with the approved tree planting list as attached.
FINANCIAL IMPACT
Trees that are within the boundaries of a lighting and landscape maintenance district or community facilities district are funded through their respective accounts. Trees that do not fall within these boundaries are funded through Gas Tax Account 200-2000-54148.
Additional funds may need to be allocated in the following fiscal year to include expenditures associated with tree replacement as the account has historically been used solely for trimming and removal.
ALTERNATIVES
1. Elect not to move forward with Resolution No. 2023-13
2. Provide alternate direction to Staff
************************** SIGNATURES ON FOLLOWING PAGE **************************
-1-
RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY
OF JURUPA VALLEY , CALIFORNIA, ESTABLISHING A
CITY TREE POLICY AND FINDING THE POLICY
EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT UNDER CEQA GUIDELINES SECTION
15301, EXISTING FACILITIES
WHEREAS, the City is responsible for the maintenance and conservation of trees in the public right of way.
WHEREAS, the City’s primary goal for tree maintenance is to preserve the City’s tree canopy whenever possible.
WHEREAS, the City Council desires to adopt a Tree Policy to establish formal guidelines for the removal and planting of trees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The City Council finds, determines and declares as follows:
A. City tree refers to trees located in the public right -of-way or easements owned by the City of Jurupa Valley with a diameter of at least three (3) inches and at least four (4) feet from ground level.
B. As trees mature, it is expected that trees will occasionally become diseased, die, and need removal. The Public Works Department is responsible for the maintenance of the City tree system.
C. This policy provides guidelines for City tree removal and replacement.
D. The Public Works Department’s primary goal is to preserve the City’s urban forest whenever possible.
E. The Public Works Department shall maintain a list of trees removed. The list of removals shall be shared periodically.
F. The Tree Policy as described in this Resolution is exempt from the provisions of the California Environmental Quality Act pursuant to the provisions of Section 15301 of the CEQA Guidelines that exempts actions involving the operation, repair, maintenance, or minor alteration of existing public structures, facilities, or topographical features, involving negligible or no expansion of existing or former use.
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SECTION 2. Tree Removal Criteria. The Director of Public Works, or his/her designee, shall have the authority to remove any hazardous, diseased or declining trees, pursuant to the following criteria:
1. Where the City tree poses a reasonable risk of injury or harm to persons or property or is substantially interfering with the structural integrity or the use of an existing structu re (including, but not limited to, a fence or wall), or building and there is no feasible and reasonable alternative to mitigate the interference.
2. Where hardscape repairs cannot be completed without severe root pruning, which would jeopardize the health and stability of the City tree.
3. Where City tree roots have developed above the surface in the public right of way and a certified arborist has determined that the root pruning will jeopardize the health and stability of the tree.
4. Where a written determination has been made by a certified arborist after a visual inspection or scientific evaluation, that the City tree is so diseased or damaged that it is no longer viable or is a threat to persons or property, including to other City trees. The Director of Public Works, or his/her designee, may waive the requirement for a certified arborist’s written statement when the tree can reasonably be determined to be dead by a visual inspection and poses an obvious or imminent threat to life or property.
5. Healthy City trees may only be removed if the Director of Public Works, or his/her designee, concludes an emergency condition exists and tree removal is the safest option.
6. For the removal of a significant (12 inches or larger in diameter) or mature City tree (at least 4 inches in diameter, but less than 12), where the proposed replacement City tree(s) are of greater value or provide greater benefits than the tree proposed for removal as determined by the Director of Public Works.
SECTION 3. Unacceptable Reasons for Tree Removal.
1. City trees creating leaf litter or dropping fruit onto sidewalks or private property are not valid reasons for tree removal.
2. Removal should not be considered in cases where a City tree is obstructing solar panels on private property.
SECTION 4. Tree Replacement Process.
1. Replacement trees shall be considered in the same location when it is practical. The replacement tree shall be approved by the Director of Public Works, or his/her designee.
Replacement trees shall be at least 15 gallons.
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2. If the original removal location is unsuitable for a replacement tree, a new planting location shall be identified within City limits and approved by the Direc tor of Public Works or his/her designee.
3. An approved tree-planting list is attached as Exhibit A.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of February, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023 -13, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of February, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 2nd day of February, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
Approved Tree Planting List
EXHIBIT A
Jurupa Valley Suggested Tree List
Riverside County Climate Zone 19
Trees
Plant
Botanical Name Common Name Application Height/Width Size Description Quantity Factor
1. Cercidium Hybrid “Desert Museum” Accent 35’ x 30’ 36” box Multi Trunk Low (0.2)
2. Cupressus arizonica Arizona Cypress Vertical/Screen 40’ x 30’ 24” box Standard Med. (0.5)
3. Fraxinus oxycarpa Raywood Ash Street/ Shade 35’ x 25’ 36” box Standard Med. (0.5)
4. Koelreuteria bipinata Chinese Flame Tree Street/Shade 40’ x 40’ 24” box Low Branch Med. (0.5)
5. Lagerstromia indica Crape Myrtle Street/Shade 25’ x 25’ 24” box Multi Trunk Med. (0.5)
6. Olea europaea “Swan Hill” Fruitless Olive Street/Shade 30’ x 30’ 24” box Multi Trunk Med. (0.5)
7. Pinus eldarcia Afghan Pine Screen/shade 30’ x 30’ 24” Box Standard Low. (0.2)
8. Prosopis Hybrid ”Phoenix” Hybrid Mesquite Street/ Shade 30’ x 30’ 24” box Multi Trunk Low (0.2)
9. Quercus agrifolia Coast Live Oak Street/Shade 60’ x 60’ 24” box Multi Trunk Low (0.2)
10. Rhus lancea African Sumac Street/ Shade 30’ x 35’ 24” box Low Branch Med. (0.5) Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 13.G
TERMINATION OF WESTERN COMMUNITY ENERGY JOINT
POWERS AUTHORITY AGREEMENT
RECOMMENDATION
1) That the City Council adopt Resolution No. 2023-14, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THE “TERMINATION AGREEMENT REGARDING WESTERN COMMUNITY ENERGY”
2) That the City Council conduct a first reading and introduce Ordinance No. 2023-04, entitled:
AN ORDINANCE OF THE CIT Y OF JURUPA VALLEY, CALIFORNIA
REPEALING CHAPTER 15.80 OF THE JURUPA VALLEY MUNICIPAL
CODE, ELECTRICAL UTILITIES, COMMUNITY CHOICE AGGREGATION
BACKGROUND
On August 23, 2018, the cities of Eastvale, Heme t, Norco, Perris, Wildomar and Jurupa Valley (“Member Cities”) formed the Western Community Energy Joint Powers Authority (“Authority”). The purpose of the Authority was to establish the Western Community Energy Program (“WCE”) to provide electrical energy to the residents and businesses in the member cities as an alternative to Southern California Edison. The benefits to the member cities included consumer choice, local control, econ omic competitiveness, and cleaner energy. The Jurupa Valley City Council considered joining the Authority in two Council Meetings on August 2, 2018 and August 16, 2018.
On May 24, 2021, the Authority filed for Chapter 9 Bankruptcy (“Bankruptcy Proceeding”).
On June 14, 2021, all customers of the Authority were transitioned back to Southern California Edison for electric service.
RETURN TO AGENDA
TERMINATION AGREEMENT
REGARDING
WESTERN COMMUNITY ENERGY
This Termination Agreement Regarding Western Community Energy (the “Agreement”) is entered into effective as of [________], 2023 (the “Effective Date”), by and between the City of Canyon Lake, the City of Eastvale, the City of Hemet, the City of Jurupa Valley, the City of Norco, the City of Perris and the City of Wildomar, who are collectively referred to herein as the “Member Agencies” of Western Community Energy, a California Joint Powers Authority (“Authority”).
RECITALS
A. The Authority was formed by the Member Agencies pursuant to the authority granted under that certain Joint Powers Agreement dated August 23, 2018, as amended by that certain First Amendment dated September 19, 2018 (“ JPA Agreement”).
B. The Authority thereafter launched the community choice aggregation program known as “ WCE”, which provided power to customers within the boundaries of the Member Agencies (excluding the City of Canyon Lake , which d id not participate in the program).
C. On May 24, 2021, the Authority filed for Chapter 9 Bankruptcy (“ Bankruptcy Proceeding”). On June 14, 2021, all customers of the Authority were transitioned to Southern California Edison (“SCE”) for service.
D. On August 16, 2022, the Bankruptcy Court entered an order (“ Bankruptcy Order”) confirming the Authority’s plan for the adjustment of debts and the Authority concluded settlements consistent with the plan with all outstanding creditors. The Bankruptcy Ord er includes a discharge of all debts owed by the Authority, an exculpation clause enjoining actions against individuals and entities that assisted the Agency with the Bankruptcy Proceeding, and an injunction preventing the institution of any action to coll ect any debt of the Authority from Member Agencies and other “partners” of the Authority . The Bankruptcy Proceeding has now been concluded and the plan is final.
E. On October 12, 2022, the Board of Directors of the Authority made a recommendation to the Member Agencies that the Authority be dissolved following a six month period to orderly wind down the Authority’s affairs.
F. On October 21, 2022, Authority gave notice of termination of the Management Services Agreement with the Western Riverside Counci l of Governments (“WRCOG”) effective April 21, 2022.
G. There being no reason to continue the existence and operation of the Authority, the Member Agencies desire to terminate the JPA Agreement and dissolve the Authority upon the terms and conditions set forth herein.
NOW, THEREFORE, the Member Agencies hereby agree as follows:
1. Termination of JPA Agreement. Pursuant to Section 5.5 of the JPA Agreement, the Member Agencies agree that the JPA Agreement will terminate in accordance with the terms of this Agreement as of March 31, 2022 (“Termination Date”), subject to adjustment as set forth in Section 2.
2. Transition Period. Prior to termination, the Authority will continue to operate for the sole purpose of winding up its affairs, including the implementation of the final bankruptcy plan as set forth in the Bankruptcy Order and the completion of a fiscal audit for the 2022 -2023 year (“Transitional Activities ”). It is contemplated that all Transitional Activities will be completed prior to the Termination Date. In the event that the Transitional Activities cannot be completed prior to the Termination Date, then the Termination Date may be extended up to ninety (90) days with the written confirmation of the City Manager of each of the Member Agencies with the concurrence of their respective City Attorneys.
3. Book and Records. The books and records of the Authority will be archived and stored by WRCOG for a period of five (5) years following the Termination Date or such longer period as may be required by applicable law. WRCOG has agreed to serve as a depository only and the Member Agencies agree that WRCOG will have no ongoing obligations with respect to the maintenance of such books and records following the termination of the Management Services Agreement with the Authority.
4. Dissolution of the Authority. Concurrent with the Termination Date, the Authority will make such filings as are necessary with the Secretary of State of the State of California to formalize the dissolution of the Authority.
5. Funding for Transitional Operations. The bankruptcy plan includes an amount to pay expenses of the Authority to carry out the bankruptcy plan and it is not anticipated that any additional funding will be necessary for the Authority to carry out the Transitional Activities. In the event that any funding remains following the completion of the Transitional Activities, the n such funding will be distributed to the creditors of the Authority in accordance with the requirements of the Bankruptcy Order.
6. No Additional Funding; No Liability . In no event will any Member Agency be obligated to provide any additional funding for the completion of the Transitional Activities by the Authority or for any other purpose. The Member Agencies agree that the terms of Section 4.6 of the JPA Agreement remain in full force and effect and will survive the termination of the JPA Agreement. The Member Agencies acknowledge and agree that the protection f rom liability set forth in Section 4.6 is consistent with the terms of the Bankruptcy Order.
7. Future Claims. In the event that any third party makes a claim against the Authority or the Member Agencies following the Termination Date, the Member Agencies agree to meet and confer with respect to any such claim and mutually agree on the appropriate action to be taken to protect the Member Agencies and enforce the terms of the Bankruptcy Order. No Member Agency will be obligated to participate in any such action.
8. Nature of Agreement. The City of Canyon Lake is a party to this Agreement for the sole purpose of terminating the JPA Agreement, it being understood that the City of Canyon Lake did not elect to participate in the WCE program.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
ATTEST:
City Clerk
City of Canyon Lake
By: ______________________
Dated: ___________________
CITY OF CANYON LAKE
By: _____________________
Mayor
ATTEST:
City Clerk
City of Eastvale
By: ______________________
Dated: ___________________
CITY OF EASTVALE
By: _____________________
Mayor
ATTEST:
City Clerk
City of Hemet
By: ______________________
Dated: ___________________
CITY OF HEMET
By: _____________________
Mayor
ATTEST:
Victoria Wasko, CMC, City Clerk
City of Jurupa Valley
By: ______________________
Dated: ___________________
CITY OF JURUPA VALLEY
By: _____________________
Mayor Chris Barajas
ATTEST:
City Clerk
City of Norco
By: ______________________
Dated: ___________________
CITY OF NORCO
By: _____________________
Mayor
ATTEST:
City Clerk
City of Perris
By: ______________________
Dated: ___________________
CITY OF PERRIS
By: _____________________
Mayor
ATTEST:
City Clerk
City of Wildomar
By: ______________________
Dated: ___________________
CITY OF WILDOMAR
By: _____________________
Mayor
-1-
12774-0168\2762910v1.doc
RESOLUTION NO. 2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, APPROVING THE
“TERMINATION AGREEMENT REGARDING WESTERN
COMMUNITY ENERGY”
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) The Western Community Energy Authority was formed by the Member Agencies pursuant to the authority granted under that certain Joint Powers Agreement dated August 23, 2018, as amended by that certain Fir st Amendment dated September 19, 2018 (“JPA Agreement”).
(b) The Authority thereafter launched the community choice aggregation program known as “WCE”, which provided power to customers within the boundaries of the Member Agencies (excluding the City of Canyon Lake, which did not participate in the program). (c) On May 24, 2021, the Authority filed for Chapter 9 Bankruptcy (“Bankruptcy Proceeding”). On June 14, 2021, all customers of the Authority were transitioned to Southern California Edison (“SCE”) for service.
(d) On August 16, 2022, the Bankruptcy Court entered an order (“Bankruptcy Order”) confirming the Authority’s plan for the adjustment of debts and the Authority concluded settlements consistent with the plan with all outstanding creditors. The Bankruptcy Order includes a discharge of all debts owed by the Authority, an exculpation clause enjoining actions against individuals and e ntities that assisted the Authority with the Bankruptcy Proceeding, and an injunction preventing the institution of any actio n to collect any debt of the Authority from Member Agencies and other “partners” of the Authority. The Bankruptcy Proceeding has now been concluded and the plan is final.
(e) On October 12, 2022, the Board of Directors of the Authority made a recommendation to the Member Agencies that the Authority be dissolved following a six-month period to orderly wind down the Authority’s affairs.
(f) On October 21, 2022, Authority gave notice of termination of the Management Services Agreement with the Western Riverside Counc il of Governments (“WRCOG”) effective April 21, 2022.
(g) There being no reason to continue the existence and operation of the Authority, the Member Agencies desire to terminate the JPA Agreement and dissolve the Authority upon the terms and conditions set forth herein. -2-
12774-0168\2762910v1.doc
Section 2. The City Council hereby approves the “Termination Agreement Regarding Western Community Energy” and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form presented to the City Council.
Section 3. The City Manager is hereby authorized and directed to take all actions necessary and convenient to implement the terms of the Termination Agreement Regarding Western Community Energy and the termination of the joint powers authority formed under the JPA Agreement, including b ut not limited to, approving and executing on behalf of the City amendments to the Termination Agreement Regarding Western Community Energy.
Section 4. 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 2nd day of February, 2023.
______________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-3-
12774-0168\2762910v1.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 Resolution No. 2023 -14, was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of February, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 2nd day of February, 2023.
Victoria Wasko, City Clerk
City of Jurupa Valley
-1-
12774-0168\2762912v1.doc
ORDINANCE NO. 2023-04
AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA REPEALING CHAPTER 15.80 OF THE
JURUPA VALLEY MUNICIPAL CODE, ELECTRICAL
UTILITIES, COMMUNITY CHOICE AGGREGATION
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. The City Council does hereby find, determine and declare that:
(a) The Western Community Energy Authority was formed by the Member Agencies pursuant to the authority granted under that certain Joint Powers Agreement dated August 23, 2018, as amended b y that certain First Amendment dated September 19, 2018 (“JPA Agreement”).
(b) The Authority thereafter launched the community choice aggregation program known as “WCE”, which provided power to customers within the boundaries of the Member Agencies (excluding the City of Canyon Lake, which did not participate in the program). (c) On May 24, 2021, the Authority filed for Chapter 9 Bankruptcy (“Bankruptcy Proceeding”). On June 14, 2021, all customers of the Authority were transitioned to Southern California Edison (“SCE”) for service.
(d) On August 16, 2022, the Bankruptcy Court entered an order (“Bankruptcy Order”) confirming the Authority’s plan for the adjustment of debts and the Authority concluded settlements consistent with the plan with all outstanding creditors. The Bankruptcy Order includes a discharge of all debts owed by the Authority, an exculpation clause enjoining actions against individuals and e ntities that assisted the Authority with the Bankruptcy Proceeding, and an injunction preventing the instit ution of any action to collect any debt of the Authority from Member Agencies and other “partners” of the Authority. The Bankruptcy Proceeding has now been concluded and the plan is final.
(e) On October 12, 2022, the Board of Directors of the Authority made a recommendation to the Member Agencies that the Authority be dissolved following a six-month period to orderly wind down the Authority’s affairs.
(f) On October 21, 2022, Authority gave notice of termination of the Management Services Agreement with the Weste rn Riverside Council of Governments (“WRCOG”) effective April 21, 2022.
(g) There being no reason to continue the existence and operation of the Authority, the Member Agencies desire to terminate the JPA Agreement and dissolve the Authority upon the terms and conditions set forth herein. -2-
12774-0168\2762912v1.doc
Section 2. Chapter 15.80, Electrical Utilities, Community Choice Aggregation, of the Jurupa Valley Municipal Code is hereby repealed.
Section 3. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 4. 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 16th day of February, 2023.
_____________________________
Chris Barajas
Mayor
ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
-3-
12774-0168\2762912v1.doc
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. 2023 -04 was regularly introduced at a regular meeting of the City Council held on the 2nd day of February, 2023 and thereafter at a regular meeting held on the 16th day of February, 2023, 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 16th day of February, 2023.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
(e)
CHAPTER 15.80. - ELECTRICAL UTILITIES, COMMUNITY CHOICE AGGREGATION Sec. 15.80.010. - Findings.
The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
The City of Jurupa Valley has been actively investigating options to provide electric services to constituents within its service area with the intent of achieving greater local involvement over the provisions of electric services and promoting competitive retail choice.
Assembly Bill 117 (Stat. 2002, ch. 838; see California Public Utilities Code section 366.2 et seq.; hereinafter referred to as the "Act") authorizes any California City or county, whose governing body so elects, to combine the electricity load of its residents and businesses in a community-wide electricity aggregation program known as Community Choice Aggregation ("CCA").
The Act expressly authorizes participation in a CCA program through a joint powers agency, and to this end, the Western Riverside Council of Governments has been evaluating a CCA program for certain portions of the County and the cities and towns within it.
Through Docket No. R.03-10-003, the California Public Utilities Commission ("Commission") has issued various decisions and rulings addressing the implementation of CCA programs, including establishing a procedure by which the Commission will review implementation plans, which are required to be submitted under the Act as the means of describing the CCA program and ensuring compliance with the Act.
The City along with representatives of the Western Riverside Council of Governments have elected to form a joint powers agency known as Western Community Energy ("Authority") that would specify the terms and conditions by which participants may participate as a group in energy programs, including, but not limited to, the implementation of a CCA program with the following benefits:
Providing customers a choice of power providers;
Increasing local control over energy rates and other energy-related matters; Providing electric rates that are competitive with those provided by the incumbent utility;
Improving the local economy by increasing local and regional renewable generation capacity and energy conservation and efficiency projects and programs; Increasing regional energy self-sufficiency; and
(f)
(6)
(7)
(8)
(9)
Reducing greenhouse gas emissions arising from electricity use in the City.
The Joint Powers Agreement creating the Authority will govern and operate the CCA program on behalf of its member jurisdictions. The City may participate in the Authority by adoption of a resolution approving the execution of the Joint Powers Agreement and adoption of a CCA ordinance required by California Public Utilities Code Section 366.2(c) (12). The City's participation in the Authority will include membership on the Board of Directors of the Authority as provided in the Joint Powers Agreement.
The Authority will enter into agreements with electric power suppliers and other services providers and, based on these agreements, the Authority plans to provide power to residents and businesses at rates that are competitive with those of the incumbent utility.
Once the Commission approves the implementation plan prepared by the Authority, the Authority may provide service to customers within the City and those cities that choose to participate in the Authority.
Under California Public Utilities Code Section 366.2, customers have the right to opt-out of a CCA program and continue to receive service from the incumbent utility. Customers who desire to continue to receive service from the incumbent utility will be able to do so at any time.
On November 1, 2018, the City Council held a duly noticed public hearing at which time interested persons had an opportunity to testify either in support or in opposition to implementation of the CCA program within the City.
( Ord. No. 2018-09 , § 1, 11-15-2018)
Sec. 15.80.020. - Authorization to implement a community choice aggregation program.
Based upon the findings set forth in Section 15.80.010 and in order to provide businesses and residents within the City with a choice of power providers, the City hereby elects to implement a community choice aggregation program within the jurisdiction of the City by participating in the CCA program of the Authority, as described in a City Council Resolution Nos. 2018-55 approving the Joint Powers Agreement establishing Western Community Energy and Resolution No. 2018-___ approving the First Amendment to the Joint Powers Agreement.
( Ord. No. 2018-09 , § 1, 11-15-2018)
Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.H
FOURTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KIMLEY-
HORN AND ASSOCIATES, INC. FOR THE TRAF FIC SIGNAL
INSTALLATION, PEDLEY AND JURUPA PROJECT, CIP PROJECT
NO. 16-C.2
RECOMMENDATION
1. That the City Council a pprove the “ Fourth Amendment to Professional Consultant Services” between the City of Jurupa Valley and Kimley -Horn and Associates, Inc. and authorize the City Manager to execute the Amendment in substantially the form attached and in su ch final form as approved by the City Attorney.
BACKGROUND
On November 17, 2016, the City Council approved an agreement with Kimley -Horn and Associates, Inc. (“K imley-Horn”) to perform a traffic signal coordination study and a signalization study for the Jurupa Road and Pedley R oad intersection. On August 16, 2018, the City Council approved the First Amendment, which added final traffic signal design services to Kimley-Horn’s scope with a not to exceed amount of $264,558. After expanding the scope of work, Kimley-Horn needed more time to complete the design. On March 7, 2019, the City Council approved the Second Amendment, which extended the term through June 30, 2020.
Kimley-Horn completed the traffic signal design and the plans were included with the bid documents for the Jurupa/Van Buren Grade Separation Project (“Project”). Once construction began on the Project, Kimley -Horn was still needed to provide construction support services. At the December 2, 2021, City Council meeting, the Third Amendment was approved, which extended the term through December 31, 2022 . In addition to the term extension to provide construction support, the Third Amendment also increased the agreement amount to $324,438.
RETURN TO AGENDA
Page | 2
ANALYSIS
The Project is still in the construction phase and Kimley -Horn has been providing the necessary support for the traffic signal installation. A Fourth Amendment is needed so that Kimley-Horn can complete the installation. The Agreement has since run out of funds and expired. Staff wishes to extend the date of the agreement and provide additional funds to keep Kimley -Horn on the Project to aid in submittal reviews and respond to contractor requests for information. It is crucial on a Project of this magnitude to maintain continuity of staff that have familiarity with the work being constructed.
Per the City’s request, on December 19, 2022 , Kimley-Horn provided a proposal to continue construct support services for the P roject. The traffic signal installation an d intersection improvements are expected to be co mpleted by the end of August 2023. If the Fourth Amendment is approved, Kimley-Horn will provide the services through June 2023 for a fee of $14,929. With the approval of the Fourth Amendment, the Agreement will contain a not-to-exceed amount of $393,367.
FINANCIAL IMPACT
The fund balance in the project account is sufficient for approval of this amendment. The account number for the project is 100-1195-62318.
ALTERNATIVES
1. Do not approve Amendment No. 4
2. Provide alternate direction to Staff
************************** SIGNATURES ON FOLLOWING PAGE **************************
FOURTH AMENDMENT TO PROFESSIONAL CONSULTANT
SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND
ASSOCIATES, INC. AND THE CITY OF JURUPA VALLEY FOR
CONSTRUCTION SUPPORT SERVICES FOR TRAFFIC SIGNAL
INSTALLATION, PEDLEY AND JURUPA
This Fourth Amendment is made and effective as of February 2, 2023 between the City of Jurupa Valley, a municipal corporation (“City”) and Kimley-Horn and Associates, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This Fourth Amendment is made with the respect to the following facts and purposes:
1.1 On November 17, 2016, the City and Consultant entered into that certain Agreement entitled “Agreement for Professional Consultant Services between the City of Jurupa Valley and Kimley-Horn and Associates, Inc. for Limonite Avenue Traffic Signal Coordination Study between Downey Street and Pedley Road and Jurupa Road/Pedley Road/UPRR Intersection Signalization Study in Jurupa Valley” (“Agreement”).
1.2 On August 16, 2018, the City and Consultant entered into that certain First Amendment to the original November 17, 2019 agreement. The original Agreement as amended by the First Amendment shall collectively be referred to as the “Agreement.”
1.3 On March 7, 2019, the City and Consultant entered into that certain Second Amendment to the original November 17, 2019 agreement. The original Agreement as amended by the Second Amendment shall collectively be referred to as the “Agreement.”
1.4 On December 2, 2021, the City and Consultant entered into that certain Third Amendment to the original November 17, 2019 agreement. The original Agreement as amended by the Third Amendment shall collectively be referred to as the “Agreement.”
1.5 The parties now desire to amend the Agreement as set forth in this Amendment.
2. Section 1, Term, of the Agreement is hereby amended to read as follows:
“1. Term
This Agreement shall commence on November 17, 2016, and shall remain and continue in effect until tasks described are completed in accordance with the Scope of Services, but in no event later than August 31, 2023, unless sooner terminated pursuant to the provisions of the Agreement.”
3. Exhibit B, Payment Rates and Schedule of the Agreement, is hereby amended by adding to the section thereof:
3.1 Additional Budget Request #2 from Kimley-Horn and Associates, Inc. dated December 19, 2022, as attached.
4. Section 4A, Payment, of the Agreement is hereby amended to read as follows:
“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, 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 three hundred thirty-nine thousand three hundred sixty-seven dollars ($339,367.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.”
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Name:
Title:
By:
Name:
Title:
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
CITY OF JURUPA VALLEY
A California Municipal Corporation
Rod Butler, City Manager
City of Jurupa Valley, California
ATTEST:
VICTORIA WASKO
City Clerk
APPROVED AS TO FORM:
PETER M. THORSON
City Attorne
kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030
December 19, 2022
By email
Mr. Kahono Oei
City of Jurupa Valley – Department of Public Works
8930 Limonite Avenue
Jurupa Valley, CA 92509
RE: Additional Budget Request #2 – Pedley Road at Jurupa Road At-Grade Crossing Construction Support
Dear Mr. Oei:
Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this additional budget request to the City of Jurupa Valley (City) to continue to provide construction support services related to the Pedley Road and Jurupa Road Intersection Improvement Project (Project). Our project understanding, scope of services and fee to perform these services are below.
Project Understanding
The City of Jurupa Valley previously retained Kimley Horn to prepare the design plans to signalize the intersection of Pedley Road and Jurupa Road, along with, the at-grade rail crossing (USDOT Crossing ID #810981E) across the south leg of the intersection. The intersection is along the detour route for the Jurupa Road Grade Separation Project and construction for the improvements at Pedley Road and Jurupa Road will be completed as part of the grade separation project. Kimley-Horn is currently providing construction phase support for the Project. The additional budget will allow us to continue to provide those services.
Scope of Services
Kimley-Horn will provide the following tasks:
Task 1: Construction Phase Support
Kimley-Horn will assist the City during the construction phase by responding to contractor’s RFIs and submittals, and providing clarifications to the extent budgeted. Changes in the overall design concept are not anticipated. We assume providing construction support up to April 30, 2023.
We have assumed the following: one preconstruction meeting (Pedley-Jurupa work), up to five RFIs, review up to five submittals, and attendance at bi-weekly meetings for the Jurupa Road Grade Separation project. Due to the varying nature of construction support, we will monitor our budget using only hours needed for the support and notify the City if we anticipate needing additional budget.
Mr. Kahono Oei
December 19, 2022
kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030
Kimley-Horn has no control over the contractor’s or construction manager’s means, methods, techniques, sequence, schedule and other activities. Therefore, the associated effort for Kimley-Horn during construction detailed in this fee sheet are an estimate only. Kimley-Horn will provide its services during construction on a time and materials basis, and will notify the client prior to exceeding the budgets stated herein.
Deliverables: Responses to RFIs, Record Drawings - 1 hardcopy and 1 electronic (both PDF format and AutoCAD 2020 C3D)
Assumptions
Construction of the Pedley Road and Jurupa Road intersection improvements is anticipated to be from January 2023 to end of April 2023.
Fee and Billing
Kimley-Horn will perform the services described in the Scope of Services outlined above on an hourly basis not-to-exceed plus expenses fee of $14,929, per the attached cost proposal.
Services not outlined above will not be performed without your authorization, and will constitute extra effort, to be performed for an additional fee, to be agreed upon prior to performing the work.
Closure
If you concur in all the foregoing and wish to direct us to proceed with the services, please return along with the appropriate contract documentation. This proposal is valid for sixty (60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Mr. Kahono Oei
December 19, 2022
kimley-horn.com 1100 W. Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Jason Melchor, P.E. (No. 65218)
Project Manager / Associate
K:\ORA_TPTO\094965002 - Pedley-Jurupa Int Imps\Contract & Billings\Construction Support\Kimley-Horn Additional Budget Request_#2_Pedley-Jurupa_City of Jurupa Valley.docx
CITY OF JURUPA VALLEY
PEDLEY ROAD AND JURUPA ROAD INTERSECTION IMPROVEMENTS CONSTRUCTION SUPPORT
ESTIMATE OF COST BREAKDOWN
BY PERSONNEL AND TASK
KIMLEY-HORN AND ASSOCIATES, INC.
1 Construction Phase Support 21 22 2 15 4 64 $14,494 $14,4940 #REF! TOTAL HOURS 21 22 2 15 4 64
HOURLY RATES $312.97 $224.81 $168.77 $142.21 $126.21 COST $6,572 $4,946 $338 $2,133 $505 $14,494 $14,494 EXPENSES Expenses (3.0%) $435
TOTAL $14,929
TOTAL COSTTOTAL
HOURS LABOR COSTAnalyst AdminProject
Manager Engineer I Senior
Analyst
TASK
Fee Proposal_Pedley-Jurupa Construction Support_12.12.22.xlsx, Signal Mod 12/19/2022, 5:06 PM Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.I
APPROVAL OF THE THIRD AMENDMENT TO THE AGREEMENT FOR
SECURITY SERVICES WITH ALL AM ERICAN PRIVATE SECURITY,
LLC
RECOMMENDATION
1) Requested Action: That the City Council approve the Third Amendment to the Agreement for Security Services between the City of Jurupa Valley and All American Private Security, LLC and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
Last year , the City of Jurupa Valley (“City”) purchased the Jurupa Valley Operations Center (“JVOC”) located at 5293 Mission Boulevard from the County of Riverside . Field staff operate out of JVOC, which also stores the City’s capital equipment and fleet. Shortly after acquiring JVOC, Public Works staff solicited proposals from local security companies for overnight security services. Upon reviewing the proposals, the City entered into an Agreement with All American Private Security, LLC.
The City entered into a three -month agreement with All American Private Security on August 9, 2021. At the end of th e three-month term, services were still needed and the agreement term was extended at the November 4, 2021, City Council meeting via the First Amendment. The First Amendment extended the term through November 9, 2022, with a not to exceed amount of $80,000.00.
In anticipation of the agreement with All American Private Security expiring, Public Works solicited information quotes in January 2022 for closed circuit television (“CCTV”) equipment, also referred to as video surveillance. As a result of this soli citation, the City Council approved an agreement with Johnson Controls Security Solutions, LLC. (“Johnson Controls”), at the October 6, 2022 meeting.
RETURN TO AGENDA
Page | 2
To prevent any lapse in security coverage at JVOC, at its regular meeting on November 3, 2022, the City C ouncil approved the Second Amendment with All American Private Security. The Second Amendment extended the term through January 31, 2023, with a not to exceed amount of $102,000 for the total term of the agreement.
ANALYSIS
After the Agreement between th e City and Johnson Controls was approved, there were some unforeseen delays in executing the contract. Johnson Controls has since executed the agreement. Johnson Controls is in the process of ordering the security equipment.
The equipment is anticipated to arrive by mid-February and installation will be scheduled shortly thereafter. Once the installation is complete, overnight security services will no longer be necessary.
Due to the delays in execution and the ordering lead time, a Third Amendment extending the term with All American Private Security will ensure proper coverage and safety of City equipment. The Third Amendment is proposing a 45-day extension to the Agreement and calls for a not to exceed amount of $114,000.
FINANCIAL IMPACT
By approving the Third Amendment, the agreement between the City and All American Private Security will be extended through March 17, 2023. The estimated expenditure to continue the services is $12,000.00 and f unds are available in the Jurupa Valley Operations Center Safety account.
ALTERNATIVES
1. Terminate overnight security services at the Jurupa Valley Operations Center
2. Provide alternative direction to staff
************************** SIGNATURES ON FOLLOWING PAGE **************************
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THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF JURUPA VALLEY AND ALL AMERICAN PRIVATE SECURITY,
LLC. FOR SECURITY SERVICES AT THE JURUPA VALLEY
OPERATIONS CENTER, FORMERLY REFERRED TO AS THE FLEET
SERVICES BUILDING
This Third Amendment is made and effective as of February 2, 2023 between the City of Jurupa Valley, a municipal corporation (“City”) and All American Private Security, a Limited Liability Company (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This Third Amendment is made with the respect to the following facts and purposes:
A. On November 9, 2021, the City and Contractor entered into that certain Agreement entitled “AGREEMENT FOR SECURITY SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND ALL AMERICAN PRIVATE SECURITY, LLC. AT THE FLEET SERVICES BUILDING.”
2. Section 1 of the Agreement is hereby amended to read as follows:
1. TERM
This Agreement shall commence on November 9, 2021, 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 March 17, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
3. Section 4.A of the Agreement is hereby amended to read as follows:
4. PAYMENT
A. The City agrees to cause Contractor to be paid monthly, in accordance with the payment rates and terms and the schedule of payments 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 Hu ndred Fourteen Thousand Dollars ($114 ,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
5. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
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.
ALL AMERICAN PRIVATE SECURITY, LLC.
By: _______________________________
Name:
Title:
By:________________________________
Name:
Title:
[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
City Clerk
APPROVED AS TO FORM:
_______________________________
Peter M. Thorson
City Attorney
Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.J
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
STATEWIDE EMERGENCY SERVICES INC., FOR ON-CALL
HAZARDOUS WASTE CLEAN-UP SERVICES
RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and Statewide Emergency Services, Inc. (“Statewide”) for On-Call Hazardous Waste Clean-Up Services for an amount not to exceed $80,000 per each fiscal year through the initial term of the agreement, and authorize the City Manager to execute the agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
The City is responsible for responding to illicit discharges and spills in the right -of-way within the City limits. The Clean Water Act prohibits discharge of polluting materials into Waters of the State, which includes the Santa Ana River Basin Water shed. The City’s stormwater system serves as a direct conduit to these waters and as such, any spill of fuel, oil, grease, paint or other polluting materials that may impact water quality must be immediately contained and removed.
The City does not have the expertise to contain and remediate large spills or transport hazardous materials. Thus, having a contract with an environmental remediation company is necessary to ensure immediate response during a spill or an illicit discharge event. These events can occur at any time and the cost of an event can range due to the size and type of spill or material required to be remediated. Last fiscal year, City staff responded to three spills that required the services of an environmental remediation company which cost approximately $62,000. Some of these expenses will be recuperated through reimbursements from insurance companies; however, some events are caused by unidentified parties, and thus, cannot be reimbursed.
RETURN TO AGENDA
Page | 2
On December 1, 2022 , staff issued a Request for Proposals (“RFP”) for On -Call Hazardous Waste Clean-Up Services. The RFP was published on the City’s PlanetBids portal, a web based procurement bidding system. The scope of work included safe clean up and/or remediation, storage, collection, identification, handling, packaging, documentation, transport, processing, transfer and disposal of illicit discharge event within the City limits. The solicitation closed on December 22, 2022 and the City received three (3) responsive proposals.
ANALYSIS
The City received proposals from the following companies (in alphabetical order):
Clean Harbors, Norwell, MA
Patriot Environmental Services, Inc., Wilmington, CA
Statewide Emergency Services, Inc., San Bernardino, CA
Public Works staff reviewed the proposals per guidelines as set forth in the RFP and found that Statewide offered the most competitive pricing and is qualified to perform the services. Statewide has been in business for over three years and is providing services to government agencies, including the County of Riverside Health/Haz mat, San Bernardino County Fire Hazmat/CUPA, City of Moreno Valley, City of Perris, City of San Jacinto, City of Wildomar, and the City of Norco.
This Agreement is an on-call, as-needed arrangement. Public Works staff will initiate the service when needed and Statewide will perform the work in accordance with unit prices as established in the Agreement. If approved, the City will contract with Statewide for an initial term of three years with the option to extend the term for two, one-year extensions.
The Agreement may be terminated at any time, with or without cause, by providing Statewide with at least ten days written notice.
FINANCIAL IMPACT
The proposed Agreement is for on-call services, not to exceed $80,000.00 per fiscal year through the initial term of the Agreement. Statewide will be compensated based on a time and material basis as set forth in the Agreement. If approved, the Agree ment will be funded through the Public Works Operations Professional Services Account 100 -1310- 54110.
ALTERNATIVES
1) Do not approve the agreement with Statewide Emergency Services Inc. 2) Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE ***********************
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AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND STATEWIDE EMERGENCY SERVICES, INC. FOR ON-CALL HAZARDOUS WASTE CLEAN-UP
SERVICES
THIS AGREEMENT is made and effective as of February 2, 2023, between the City of Jurupa Valley (“City”) and Statewide Emergency Services, Inc., a California Corporation (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on February 2, 2023, 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 February 2, 2026, unless sooner terminated pursuant to the provisions of this Agreement. City shall have the option to extend the term of this Agreement via two, one-year extensions at its sole and absolute discretion for a maximum total term of five years from February 2, 2023, by amendment of this Agreement.
2. Services
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. Performance
Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to cause Contractor to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed eighty thousand dollars ($80,000.00) during each fiscal year through the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Contractor shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for -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 Contractor’s fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Annual Adjustment
Beginning on July 1, 2026, and occurring annually on July 1st thereafter, rates shall be adjusted to reflect the increase in the cost-of-living. Any such adjustments shall be based on the percentage change in the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario, CA Metropolitan Area published by the Bureau of Labor Statistics, US Department of Labor, or the successor Index for the City, for the January to December period immediately preceding the effective date of the adjustment.
6. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4.
7. Default Of Contractor
A. The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
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8. Prevailing Wages
A. Contractor shall pay prevailing wages to the extent required by and in accordance with the requirements of Labor Code Sections 1720 et. seq. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.
B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.
9. Ownership and Maintenance Of Documents
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of -4-
providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
C. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Contractor.
10. Indemnification
A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Contractor shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or any of its officers, employee, sub-Contractors, or agents in the performance or its professional services under this Agreement.
In no event shall the cost to defend charged to the Contractor exceed the Contractor’s proportionate percentage of fault as set forth in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Paragraph 9.A. above, but subject to the limitations of Section 2 of this Agreement, Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Contractor or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor’s duty to defend pursuant to this Section 9.B. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
11. Insurance Requirements
A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or -5-
in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Contractor’s profession. 2) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
a) General Liability: 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:
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1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Contractor’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Contractor of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Contractor shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
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12. Independent Contractor
A. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
13. Legal Responsibilities
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
14. Confidentiality; Release Of Information
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
B. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.
15. Assignment
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-Contractors described in Exhibit A to this Agreement provided the costs of such sub-Contractors shall be borne by the Contractor and shall not exceed the costs described in Paragraph 5 of this Agreement.
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16. General Provisions
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: Paul Toor, Director of Public Works
To Contractor: Statewide Emergency Services, Inc.
673 S. Waterman Avenue
San Bernardino, CA 92408
Attention: Dean Matsuoka, Director
B. Licenses. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s sub-contractors, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s sub- Contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. -9-
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Rod B. Butler
City Manager
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
STATEWIDE EMERGENCY SERVICES, INC.
By:
Name:
Title:
By:
Name:
Title:
[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]
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EXHIBIT A
SCOPE OF SERVICES
The services are on an as-needed or on-call basis. The amount of work may vary. Contractor shall have staff on call at all times to receive requests for services and to advise the City personnel regarding immediate protective measures. The Contractor shall be prepared to dispatch technicians within thirty minutes after notice to proceed to analyze mat erials as nece ssary or to commence clean up. Contractor will be on scene within two hours of notification and authorized to respond.
Contractor shall be properly certified and experienced to conduct emergency spill response services related to hazardous spills in the City including traffic control laws. All personnel must have completed 40 hour HAZWOPER training in compliance with:
CFR 1910.120(q)(6)(iii)(B)
CFR 1910.120(q)(6)(iii)(I)
CFR 1910.120(q)(6)(iv)(B)
CFR 1910.120(q)(6)(iv)(I)
CFR 1910.120(q)(8)(i)
CFR 1910.120(q)(8)(ii)
NFPA 472
NFPA 472 7.2.2(1)(a)
NFPA 472 7.2.1
NFPA 472 7.2.1.3
NFPA 472 7.2.1.3.1
NFPA 472 7.2.1.3.5
The Scope of Services shall include the following:
A. Perform all duties in accordance with applicable provisions of all federal and state laws and regulations governing safe clean up and/or remediation, storage, collection, identification, handling, packaging, documentation, transport, processing, transfer and disposal of hazardous waste, including keeping informed of any and all changes in those laws or regulations.
B. Respond to emergency spills and/or discharges within a two (2) hour response time 24- hours per day with a team of a minimum of two (2) experienced, certified staff members.
The Contractor shall have a designated contact person available by telephone on a 24- hour basis to provide direct and prompt attention to emergency calls.
C. Identify and transport hazardous wastes to appropriate facilities for recycling, treatment, neutralization, processing, transformation, destruction, incineration, or other appropriate disposal.
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D. Hazardous materials are defined in CCR Title 22 and CFR Title 49. When a hazardous material is spilled or abandoned in the City limits, it must be cleaned up according to the appropriate regulatory agency requirements and City staff’s satisfaction.
E. Provide proper storage containers and/or devices satisfactory in size and number to meet the needs of the Public Works Department.
F. Provide personal protective equipment for all Contractor’s staff as well as all equipment, materials and incidentals necessary for performing the services required by this contract.
G. Manifest, transport, and dispose of all hazardous waste collected. All waste shall be transported under the City’s EPA generator identification number. Contractor shall provide a copy of all manifests to City Staff within 24-hours of transporting hazardous waste.
H. Train City staff one (1) time annually on utilizing storage containers, proper reporting protocol, and safety practices. Training shall be a minimum of one (1) hour and shall be conducted at the Jurupa Valley Operations Center.
I. Contractor shall provide all traffic control necessary for the performance of the contract.
All traffic control shall be in accordance with the latest edition of the Work Area Traffic Control Handbook (WATCH) and City regulations and shall be based on the speed limits posted in the work zones. Flagman may be required at some locations. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7- 10 of the Standard Specifications for Public Works Construction, 2007 Edition.
Inadequate or improper signage and/or delineation for traffic control may be cause for the cancellation of the contract.
J. Clean-up/salvage and/or disposal will be coordinated with the input received from responsible county and/or state regulatory agencies.
K. The City Official in charge at the spill site will authorize the transfer of the hazardous wastes/materials by signing the Uniform Hazardous Waste Manifest.
L. The Contractor is required to provide the City with accurate information on the type of transporting equipment used, route of movement delays in transit, additional costs for temporary storage should the disposal site be closed for the evening or weekend, disposal site delays such as requirements for full laboratory analysis, etc., and reasons for transporting to a disposal site farther away than the nearest site that is authorized by the United States Environmental Protection Agency and the California Department Health Services to handle the specific material spilled or abandoned.
M. Spilled or abandoned material may be transported to a registered transfer storage and disposal facility (TS*DF) where it may be commingled with other clients waste for more
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efficient handling, cost saving, analysis, and transportation to a registered landfill or recycler.
N. No later than 48 hours after completion of all work at the site (if practicable), the Contractor will provide the City with an estimate of the actual cost involved in the abatement of the spill.
O. All labor, equipment, materials, and other items of work provided by the Contractor shall be documented.
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
Contractor agrees that prices will remain in effect through the initial term of the Agreement.
Contractor’s cost proposal is attached as Exhibit B-1.
12 Exhibit B-1
13 14
1 City of Jurupa Valley On-Call Hazardous Waste Clean-Up Services
A.) Expertise
SES is an experienced 24/7 hazardous materials spill response contractor serving all of San Bernardino and Riverside Counties. We are a professional licensed A-Haz general engineering contractor specializing in all facets of emergency hazardous material spill response, remediation, decontamination, excavation, waste packaging, transportation, and disposal.
It is our willingness to enter into a contract under the terms and conditions prescribed by RFP On-Call Hazardous Waste Clean-up Services.
1.) Statewide Emergency Services, Inc. is a registered California S-Corporation #4198435
2.) SES is not a Non-Profit organization.
3.) Dean Matsuoka is the company Director and has been in the environmental response and services industry for 33 years. There was a need within San Bernardino and Riverside counties for a professional emergency response services contractor, so in May of 2019 Statewide Emergency Services, Inc. was formed. We are wholly owned by Christopher Kirk and are under the ‘Statewide’ umbrella of companies. We have been in business for 3.5 years and have continued to grow even under the toughest economic conditions in decades and during the Covid-19 pandemic. We now employ (10)-ten full time response personnel and perform ~$3M in work annually. We are located at 673 S. Waterman Avenue in San Bernardino, CA. 92408.
We are an approved emergency response contractor for the County of Riverside Health\Haz- Mat, San Bernardino County Fire Haz-Mat\CUPA, Caltrans District 8 Haz-Mat, the Bureau of Land Management, and numerous Cities within the region such as The City of Moreno Valley, City of Perris, City of San Jacinto, City of Perris, City of Wildomar, and The City of Norco.
We have the ability to respond to any site and in performing due diligence duties such as the identification of hazardous materials\substances, containment, neutralization, proper packaging, and transportation for proper disposal.
Our project management team has over 30 years of experience with multiple agencies such as EPA Region 9, San Bernardino County Fire Health\Haz-Mat, Riverside County Health Haz-Mat, Caltrans District 7/8, local Water Board, SCAQMD, and the DTSC.
SES has the required staffing, equipment, and supplies to perform the services requested 24/7/365.
2 Organizational Chart
4a-b.) Supervisor of Personnel and Scheduling
Cell: (909) 436-8512
Office: (909) 927-6400
Email: [email protected]
4c.) Contractor Invoicing POC
Cell: (909) 534-1421
Office: (909) 927-6400
Email: [email protected]
3 c.) Company Contact Information website: www.statewide-hazmat.com
Contract Contact Operations Contact Business Services
Contact
Health & Safety
Contact
Dean Matsuoka
Director
Jon Teten
Operations Manager
Heather Vandergeest
Business Manager
Jack Nelson
H&S Manager
Office: (909) 927-
6400
Cell: (951) 295-
7500
Office: (909) 927-
6400
Cell: (909) 436-8512
Office: (909) 927-6400
Cell: (909) 534-1421
Office: (909) 927-6400
Cell: (714) 869-4534
dean@statewide-
hazmat.com
jon@statewide-
hazmat.com
heather@statewide-
hazmat.com
safety@statewide-
hazmat.com
Company information and locations
a.) State of California S-Corp 4198435
b.) Number of years in business May 2019 3.5
Emergency Services Operations 673 S. Waterman Avenue
San Bernardino, CA. 92408
(909) 927-6400
Emergency Services Operations 3850 Jasper Road
Barstow, CA. 92311
Service Center opening
January 2023
Remittance & Accounting 2753 S. Vista Avenue
Bloomington, CA. 92316
(909) 875-9336
24/7 Emergency Dispatch 190 N. Main Street
Riverside, CA.
(951) 682-9336
4 Personnel, title, and years of experience
Name Phone Experience Licenses Certifications
Dean Matsuoka
Director
(951) 295-
7500
34 Years in the
environmental spill
response and
remediation industry.
CLSB A-Haz
#1053810
40 Hour OSHA 1910.120
8 Hour Refresher
Pro Board 1st Responder
#234022
Tank Car Specialist
Highway Specialist
WMD Specialist
Confined Space Rescue
Confined Space Entry
Confined Space Supervisor
OSHA Excavation
First Aid\CPR
Trauma\Bio-Haz
HM-181 D.O.T.
Jon Teten
Operations
Manager
(909) 436-
8512
16 Years in the
environmental spill
response and
remediation industry.
40 Hour OSHA 1910.120
8 Hour Refresher
Pro Board 1st Responder
#253346
Inland Marine Response
Confined Space Rescue
Confined Space Entry
Confined Space Supervisor
OSHA Excavation
First Aid\CPR
Trauma\Bio-Haz
HM-181 D.O.T.
Palominos, Juan
Response
Manager 1
(760) 305-
3236
13 Years in the
environmental spill
response and
remediation industry.
40 Hour OSHA 1910.120
8 Hour Refresher
Inland Marine Response
Confined Space Rescue
Confined Space Entry
Confined Space Supervisor
OSHA Excavation
First Aid\CPR
Trauma\Bio-Haz
HM-181 D.O.T.
Ivan Campos
ER Foreman
(323) 528-
0052
3 Years in the
environmental spill
response and
remediation industry.
40 Hour OSHA 1910.120
8 Hour Refresher
Confined Space Entry
First Aid\CPR
Trauma\Bio-Haz
5 Jason Torres
Haz-Mat Tech II
(951) 441-
4156
3 Years in the
environmental spill
response and
remediation industry.
40 Hour OSHA 1910.120
8 Hour Refresher
Confined Space Entry
First Aid\CPR
Trauma\Bio-Haz
HM-181 D.O.T.
Nick Matsuoka
Haz-Mat Tech 1
(951) 905-
0797
1 Year in the
environmental spill
response and
remediation industry.
40 Hour OSHA 1910.120
8 Hour Refresher
Confined Space Entry
First Aid\CPR
Trauma\Bio-Haz
HM-181 D.O.T.
David Macias
Class A Driver
(909) 919-
3792
5 Years in the
environmental spill
response and
remediation industry.
Class A
Hazmat D.O.T.
Tanker, Air
Brakes,
Doubles
40 Hour OSHA 1910.120
8 Hour Refresher
Confined Space Entry
First Aid\CPR
Trauma\Bio-Haz
HM-181 D.O.T.
Wilson Aguilar
Class A Driver
(909) 549-
4041
1 Years in the
environmental spill
response and
remediation industry.
Class A
Hazmat D.O.T.
Tanker, Air
Brakes,
Doubles
40 Hour OSHA 1910.120
8 Hour Refresher
First Aid\CPR
HM-181 D.O.T.
Heather
Vandergeest
Business
Manager
(909) 534-
1421
16 Years in the
environmental spill
response and
remediation industry.
40 Hour OSHA 1910.120
8 Hour Refresher
HM-181 D.O.T.
James Kirk
Class A driver
9 Years in the
environmental spill
response and
remediation industry.
Class A
Hazmat D.O.T.
Tanker, Air
Brakes,
Doubles
40 Hour OSHA 1910.120
8 Hour Refresher
Confined Space Entry
First Aid\CPR
Trauma\Bio-Haz
HM-181 D.O.T.
Jack Nelson
H&S Manager
29 Years in the
environmental spill
response and
remediation industry.
SMS, CHST EHS Compliance Specialist
40 Hour OSHA 1910.120
8 Hour Refresher
Confined Space Entry
First Aid\CPR
6 B.) References
Name Client Address Phone Services Performed
Todd Bennet
[email protected]
Caltrans
District 8
Haz-Mat
Manager
San
Bernardino
175 Cluster
Street
San Bernardino,
CA. 92408
(909)
754-7530
Under an emergency response
force contract with the
California Department of
Transportation.
Casey Perkins
[email protected]
Caltrans
District 8
Haz-Mat
Manager
Riverside
175 Cluster
Street
San Bernardino,
CA. 92408
(909)
223-5653
Under an emergency response
force contract with the
California Department of
Transportation
Scott Ryan
[email protected]
Director of
San
Bernardino
County
Public Works
Department
825 E. Third
Street
San Bernardino,
CA. 92410
(909)
855-7594
Under a 2020-current
emergency response force
contract.
Sterling White
[email protected]
Bureau of
Land
Management
California
Desert
District
Abandoned
Mine Lands
and
Hazardous
Materials
Program
1201 Bird
Center Dr.
Palm Springs,
CA. 92262
(951)
966-9841
2019-Present. As a
subcontractor to Northwind
Construction we perform
illegally abandoned hazardous
waste from remote sites as
directed throughout all of
California. We also perform
emergency response services
for spills on Federal BLM land
and hazardous waste
transportation and disposal
services for BLM facilities.
7 Kelly Kersten
[email protected]
Riverside
County DEH
Hazmat
Emergency
Response &
Investigations
Section
3880 Lemon
Street #200
Riverside, CA.
92545
(951)
766-6524
As a subcontractor to NRC\US.
Ecology who currently holds the
ER and Waste contract with the
County. We provide Emergency
Response services to NRC\US.
Ecology as their listed
subcontractor.
Subcontractors
Name Contact Address Services Years of Service
Environmental &
Chemical
Consulting
David Rains
(909) 714-2095
[email protected]
DIR#
1500 Crafton
Avenue
Mentone, CA.
92359
High-Haz
Technical
Services,
Transportation
Services and
Waste Disposal.
2nd. Transporter.
May 2019 to
present
3.5 years
Patriot
Environmental
Services, Inc.
Dan Frost
(909) 772-0227
Dan Frost
dfrost@patriotenvironmental.
com
DIR#
2151 E.
Philadelphia
Street
Ontario, CA.
91761
Transportation
Services, Waste
Disposal. 2nd.
Transporter.
Confined Space
Rescue, Labor
May 2019 to
present
3.5 years
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8 C.) Approach and General Understanding
SES fully understands the requirements and expectations of the City of Jurupa Valley On-Call Hazardous Waste Clean-up RFP. We are a small but mighty force to be reckoned with when it comes to hazardous material spill response. Our years of dedication and experience speak volumes, and our references listed will back that up. We are the go to professionals in the region for many agencies such as EPA Region 9, San Bernardino County Fire Health\Haz-Mat, Riverside County Health Haz-Mat, Caltrans District 7/8, local Water Board, SCAQMD, and the DTSC. We are well known for our response times, technical services, and by providing solutions and options others may not offer or even know about. We love to solve difficult problems and to be involved with our clients input to come up with the best answer that is most appropriate and suits their needs in a cost efficient, safe, and professional manner.
C3.) Staffing
We may not be the biggest, but we are the best! Our current staff of (10)-ten is growing. Our new Barstow Field Service Center opening Q1 2023 will be staffed with additional personnel who can back us up at moment’s notice with extra labor, equipment, operators, and technical support only 90 minutes away if called upon.
We also utilize the support of our experienced and well known subcontractors which enable us to provide large scale emergency response jobs seamlessly. With our existing relationships we have the additional support, personnel, and knowledge necessary to get the job done safely and efficiently.
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9 C2.) Response Equipment
Unit # Make Model Type Year
20 FORD 4X4 PICKUP F150 2018
10 FORD 4X4 PICKUP F350 2017
26 FORD 4X4 PICKUP F350 2012
26T WELLS ER TRAILER TRAILER 2012
27 FORD 4X4 PICKUP F350 2022
8 PTRBLT 379 ROLL OFF TRK 2016
58 PTRBLT 379 TRACTOR-SEMI 2021
59 PTRBLT 359 TRACTOR-SEMI 2022
30 FORD GEAR TRUCK F650 2020
35 FORD GEAR TRUCK F550 2021
40 FORD SUV EXPLORER 2020
42 WELLS FARGO 20' ENCLOSED ER TRAILER ER TRAILER 2017
EQ5 CAT 242D WHEEL LOADER 2004
EQ1 CAT 289D MULTI TRACK 2019
EQ2 CAT 305.5 CR EXCAVATOR 2019
EQ3 CAT 306D EXCAVATOR 2020
EQ4 CAT 289D MULTI TRACK 2020
100 DRAGON DOUBLE BIN TRAILER ROCKET LAUNCHER 2019
101 SPOIL VAC VAC MASTER MINI GUZZLER 2017
102 TRAILMOBILE 53' ENCLOSED TRAILER Van TRAILER 2008
57T LANDOLL EQUIPMENT TRAILER LOWBOY 2016
103 LOOK 26' ECLOSED TRAILER TECHNICAL HAZ-MAT 2021
104 SUN COUNTRY PRESSURE WASHER 4K PSI 2021
105 DIAMONDBACK 4K MINI JETTER JETTER TRAILER 2022
UTV200 KUBOTA 4 SEAT OFF ROAD UTV RXV1140 2021
SES601 WCWC 20 CYD ROLL OFF BIN HARD TOP 2022
SES602 WCWC 20 CYD ROLL OFF BIN HARD TOP 2022
SES602 WCWC 40 CYD ROLL OFF BIN HARD TOP 2016
SES602 WCWC 40 CYD ROLL OFF BIN HARD TOP 2016
SES602 WCWC 40 CYD ROLL OFF BIN HARD TOP 2016
SES602 WCWC 40 CYD ROLL OFF BIN HARD TOP 2016
SCOTT 4500 PSI AIR PACK 2018
MSA CONFINED SPACE ENTRY GEAR CSE ENTRY 2018
MOTOROLA UHF RADIOS INTRINSICALLY SAFE 2021
STARLINK SATELLITE SERVICE FIELD KIT 2022
IRIDIUM SATELLITE PHONE IRIDIUM GO 2022
RKI 4-GAS PID METERS GX-6000 2020
RKI 4-GAS PID METERS GX-6000 2020
RKI 4-GAS PID METERS GX-6000 2020
10 C3.) Reporting Mechanisms
a.) Our interactions with the City of Jurupa Valley personnel will always be professional, courteous, and truthful. We take pride in communicating and maintaining our professional relationship as well as focusing on the needs of the City of Jurupa Valley first and foremost. We will listen and provide out of the box forward thinking solutions that are always in the best interest of the City of Jurupa Valley.
b.) SES performs emergency spill response services under the guidance of CFR 1910.120 and follows all applicable Federal, State, and Local agency rules and regulations. We have several layers of administrative procedures that we follow to provide proper compliance and quality assurances.
1.) We follow OSHA and Federal D.O.T. laws and regulations.
2.) We follow State labor laws and DIR regulations.
3.) Our payroll (including prevailing wages) are administered by a third party payroll administrator.
4.) Copies of waste manifests, waste profiles, and transportation documents are always included in our reports.
5.) Our Spill reports and also submitted to the County CUPA for cleanup closure.
6.) Our spill reports are completed within 48 hours and submitted for proper review and closure by the city.
Emergency Contact Proceedures
24/7 Emergency Dispatch 190 N. Main Street
Riverside, CA.
(951) 682-9336
In the event of an emergency please contact our 24/7 staffed dispatch center. Please be prepared to provide the following information so we may respond better prepared.
1.) Name and number of the authorized caller.
2.) Proper name of chemical spilled.
3.) Location (address, x-street, or GPS Lat\\Long).
Our on call response manager will call back within 5 min for any additional information and dispatch the necessary personnel and equipment.
11 RFP contact:
Dean Matsuoka
Director
[email protected]
Statewide Emergency Services, Inc.
673 S. Waterman Avenue
San Bernardino, Ca. 92408
Cell: (951) 295-7500
24/7 Dispatch: (951) 682-9336
Office: (909) 927-6400
www.statewide-hazmat.com
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STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.K
AGREEMENT BETWEE N THE CITY OF JURUPA VALLEY AND
SOUTHERN CALIFORNIA GAS COMPANY FOR INSTALLATION OF
UNDERGROUND GAS LINE TO SERVE THE STANDB Y GENERATOR
AT THE JURUPA ROAD GRADE SEPARATION PROJECT
RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and Southern California Gas Company in the amount not to exceed $63,168.27 for the installation of the new underground gas line to serve the standby generator for the Jurupa Road Grade Separation Project, and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
In 2020, the County of Riverside (“County”), in cooperation with the City, began construction on the Jurupa Road Grade Separation (“Project”). The Project will construct a three-lane underpass on Jurupa Road under Van Buren Boulevard and the Union Pacific Railroad Company bridge. The Project aims to alleviate traffic congestion and will also address storm drainage related issues.
To address storm drainage, a pump station was proposed. The pump station is designed to pump the storm water to an existing storm channel east of the Project location.
ANALYSIS
The proposed pump station is powered by an electrical system, which is served by Southern California Edison; however, the system requires a standby generator in case of emergencies. The standby generator is powered utilizing natural gas supplied by the Southern California Gas Company (“SoCal Gas”).
RETURN TO AGENDA
Page | 2
SoCal Gas will install the underground gas supply line from the main line to serve the standby generator. SoCal Gas is requiring a fee of $63,168.27 to complete the installation of the gas service. The City will be reimbursed by the County as part of the Jurupa Road Grade Separation.
FINANCIAL IMPACT
If approved, the City will be required to pay a o ne-time installation fee of $63,168.27 .
Once the City pays the installation fee, the City will request reimbursement from Riverside County. Funds are available in the Jurupa Road Grade Separation Account 100 -1195- 71362.
ALTERNATIVES
1) Do not approve the agreement with Southern California Gas Company
2) Provide alternative direction to staff
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STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.A
PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO.
22298: A THREE -YEAR EXTENSION FOR RUBIDOUX GATEWAY
SITE DEVELOPMENT PERMIT NO. 16043 (SDP16043EOT1) TO
EXTEND THE EXPI RATION DATE TO OCTOBER 29, 2025 , AND
DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED
PURSUANT TO CEQA GUIDELINES SECTION 15162 ; LOCATION:
NORTHEAST CORNER OF MISSION BOULEVARD AND
CRESTMORE ROAD (APNS: 179 -330-002, 003, 004, 005 & 006) ; (APPLICANT: NORTHTOWN HOUSING DEVELOPMENT
CORPORATION)
RECOMMENDATION
1) That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2023-15, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING A THREE -YEAR EXTENSION OF TIME FOR SITE DEVELO PMENT PERMIT NO. 160 43 FOR A MIXED -USE
DEVELOPMENT PROJECT LOCATED ON THE NORTHEAST CORNER OF
MISSION BOULEVARD AN D CRESTMORE ROAD (AP NS: 179-330-002, - 003, -004, -005, AND -006) EXTENDING THE EXPIRATION DATE TO OCTOBER 29, 2025, AND DETERMINING NO FURTHER CEQA REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162
BACKGROUND
On October 29, 2020, the City Council approved the Rubidoux Gateway project under MA16224 (Site Development Permit No. 16043, General Plan Amendment No. 16006, Change of Zone No. 16001, and Tentative Parcel Map No. 37126 ), and certified an Environmental Im pact Report (EIR), a Mitigated Monitoring and Reporting Pr ogram (MMRP), and a Statement of Overriding Considerations. Resolution No. 2020 -54 and Ordinance 2020-10, adopted the approving actions for the project.
RETURN TO AGENDA
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The Rubidoux Gateway project is a mixed-use development on 7.01 acres consisting of a 28,015 square-foot commercial building on a 1.81-acre parcel and fifty-seven (57) multi- family affordable housing units on a 5.20 -acre parcel. The project incorporates a community center, pool facility, ground leve l parking, and landscaping. Table No. 1 summarizes previous approvals for the project and any expiration dates applicable to the approval.
TABLE 1 - PREVIOUS APPROVAL(S)
ENTITLEMENTS PROJECT DESCRIPTION EXPIRATION DATE
MA16224
Action Date:
October 29, 2020
GPA16006 – Commercial Retail (CR) and Medium
Density Residential (MHDR) to Commercial Retail (CR)
for a 1.81 -acre commercial parcel and High -Density
Residential (HDR) for a 5.20-acre parcel.
No Expiration Date.
CZ16011 – Rezone 1. 81-acre parcel from Rubidoux -
Village Commercial (R -VC), Multiple -Family Dwellings
(R-2), and Light Agriculture (A -1) to Rubidoux -Village Commercial (R-VC) and General Residential (R-3).
No Expiration Date.
SDP16043 – For the construction of the (a) commercial
development on a 1.81-acre parcel and (b) 57-unit multi- family affordable housing development with community
center, pool, and maintenance building, and covered and uncovered ground level parking, on a 5.20 -acre parcel.
The Project includes landscaping, internal paving and
walkways.
October 29, 2022
TPM37126 – A Schedule “E” subdivision of approximately
7.01 gross acres into two parcels totaling 1.81 and 5.20 acres each.
October 29, 2023
PROJECT DESCRIPTION
The Applicant ("Applicant" or "Northtown Housing Development Corp") requests a three (3) year extension of time for SDP16043 to extend the expiration date to October 29, 2025. The applicant requires addition al time to develop the project. The Site Development Permit provided an initial two -year approval period. Before the expiration date, the Applicant submitted a request to extend the Site Development Permit for three years. This extension provides the remaining three years available for the site development permit. Pursuant to Section 9.240.330(7)(a) , the total time allowed for use of a site development permit shall not exceed a period of five (5) years.
LOCATION
The project site comprises five (5) parcels located at the northeast corner of Mission Boulevard and Crestmore Road within the Rubidoux Town Center Overlay. The site is located on the northeast corner of Mission Boulevard and Crestmore Road and is surrounded by the Santa Ana River to the south, single-family residences to the north and east, and the Jurupa Valley Operational Center (JVOC) to the west. The Riverside County Flood Control and Water Conservation District maintain an access road to the immediate south. Exhibit 1 provides an aerial view of the project site. Table No. 1 includes general site information about the property:
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EXHIBIT NO. 1: SITE LOCATION
TABLE 2: GENERAL PROJECT INFORMATION
Project Area 7.01 Gross Acres
General Plan Land Use
Designation
Commercial Retail (CR) and High -Density
Residential (HDR)
Zoning R-VC Zone (Rubidoux Village Center) and R -3
Zone (General Residential)
Existing Land Use Undeveloped
OVERVIEW OF RUBIDOUX GATEWAY
The approved Site Development Permit is for the construction of a mixed-use development known as the Rubidoux Gateway, which includes the following:
One 28,015 square foot commercial building with a FAR of 0.35. The commercial development contains 78 on-site spaces and 47 off-site street parking locations. Twelve detached residential buildings totaling 57 residential dwelling units (Density:
10.9 dwelling units per acre ). The residential development contains 155 on -site parking spaces.
A community center building, pool building, a maintenance building, and covered parking spaces.
Landscaping and internal paving and walkways
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Exhibit 2 demonstrates the approved site plan.
EXHIBIT NO. 2: APPROVED SITE PLAN
ANALYSIS
The Jurupa Valley Municipal Code requires that a Site Development Permit be used within two (2) years of the effective date or within such additional time as may be set in the Conditions of Approval, which shall not exceed a total of five (5) years. An extension of time may be granted upon a determination that a valid reason exists for the applicant not using the site development permit within the required period. The City Council may grant an extension of time for this project since it was the original approval body.
The existing two-year expiration period was incorporated as a condition of approval and stipulated an expiration date of October 29, 2022. Before the expiration date, on October 19, 2022, the Applicant submitted their extension of time require d by the Community Development Department. Approval of this project extends the period to the remain der of the five-year maximum allowed by the Municipal Code.
The applicant has submitted a letter (Included in Attachment 7) explaining the need for the extension. Additional time is required since the COVID-19 pandemic has delayed the
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responses by consult ants due to staff shortages. The applicant has requested that all consultants expedite the completion of all contracted work to allow the project’s development.
If this Site Development Permit is extended and the approval is not used by the expiration date of October 29, 2025, the Site Development Permit would be considered null and void.
ENVIRONMENTAL REVIEW
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.
On October 29, 2020, the City Council adopted an Environmental Impact Report, a Statement of Overriding Consideration s, and a Mitigated Monitoring and Reporting Program (MMRP) with the project’s approval. The City has determined that based on the Previous Environmental Document (PED) prepared for the Project, all potentially significant effects have been avoided or mitigated according to the Final Environmental Impact Report (EIR), State Clearinghouse (SCH) # 2018061047, City of Jurupa Valley Master Application 16043. The extension of time only approves a change in the approval period. No other changes are proposed with this application. Therefore, the Project is “within the scope” of the previously certified EIR. CEQA does not require the preparation of any further environmental review. The following provides more details on the adopted ALUC Overriding Consideration and the Mitigated Monitoring and Reporting Program (MMRP).
ALUC Overriding Consideration and Applied Conditions of Approval The City Council adopted a Statement of Overriding Considerations for the Airport Land Use Commission’s Inconsistency Decision on the Project. On July 13, 2017, ALUC found the Project inconsistent with the 2004 Flabob Airport Land Use Compatibility Plan (ALUCP).
ALUC provided a comment letter dated February 21, 2019, stating the inconsistent findings and commented on the Project’s Draft EIR. On June 2, 2020, staff provided ALUC and the State Department of Transportation Aeronautics Division a notice of the intent to overrule ALUC’s inconsistency decision.
On June 8, 2020, ALUC agreed with the intent to overrule ALUC’s inconsistency decision and encouraged the City to apply conditions of approval to address concerns to minimize impacts on the safety and operation of the Flabob Airport and notify the public of the proximity and risk of aircraft overflights.
Additionally, ALUC commented that notices be given to purchasers of the property and all tenants of the buildings and recorded as a deed notice. Conditions also address requirements for detention basins and the provision of an aeronautic easement. These conditions of approval were included in the original approval of the project.
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Mitigation Monitoring and Reporting Program (MMRP)
The City Council certified and adopted an EIR and a Mitigation Monitoring and Reporting Program (MMRP) for this Project. The EIR evaluated potential effects on Aesthetics, Agriculture and Forest Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards , and Hazardous Materials, Hydrology and Water Quality, Land U se and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation/Traffic, and Utilities and Service Systems. The MMRP provides a program to reduce any impacts to a “less than significant level.”
NOTICING AND PUBLIC COMMENTS
The Community Development Department mailed English and Spanish 10-day hearing notices to surrounding property owners within 1,000 feet of the boundaries of the project site. Additionally, a 10-day legal advertisement was published in the Press Enterprise on January 23, 2023. As of the date of this report, no public comments or concerns have been received in favor or against the Project.
FINANCIAL IMPACT
The proposed 3-year extension of time will not affect City costs or revenues. Full cost recovery will occur since the City will require that the applicant deposit the total contract value with the City before the commencement of work. The applicant is aware of the proposed extension of time and has agreed to deposit the necessary funds to cover the additional work.
ALTERNATIVES
1. Recommended Action: Adopt Resolution No. 2023-15 to approve a three-year extension of time of Site Development Permit No. 16043 (SDP16043EOT1) to extend the expiration date to October 29, 2025, and determine that no further CEQA review is required pursuant to CEQA Guidelines Section 16162.
2. Deny MA22298 ( SDP16043EOT1); (No action, maintain the expiration date of 10/29/2022).
3. Continue the public hearing to a later date and provide direction to staff.
CONCLUSION
A three -year extension of time is recommended since the Project adheres to the applicable goals and policies within the General Plan and is consistent with the requirements in the Jurupa Valley Municipal Code . The Project will revitalize an underutilized vacant parcel and promote the vision within the Rubidoux Village Design Workbook, the Rubidoux Town Center Overlay, and the R -VC Zone. This infill development project provides additional affordable housing units, which furthers the City’s efforts to expand housing opportunities. The property was included as a potential housing
ATTACHMENTS NO. 4
City Council Staff Report for MA16224
Page | 1
120
STAFF REPORT
DATE: OCTOBER 29, 2020
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: THOMAS G. MERRELL, AICP, PLANNING DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.C
CONTINUED PUBLIC HEARING TO CONSIDER MASTER
APPLICATION (MA) NO. 16224: GENERAL PLAN AMENDMENT (GPA) NO. 16006, CHANGE OF ZONE (CZ) NO. 16011, TENTATIVE PARCEL MAP (TPM) NO. 37126 AND SITE DEVELOPMENT PERMIT (SDP) NO. 16043 FOR MISSION GATEWAY PLAZA & MISSION GATEWAY VILLAS (A MIXED -USE PROJECT CONSISTING OF COMMERCIAL AND 57-
UNIT MULTI -HOUSING DEVELOPMENT) LOCATED AT THE
NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE
ROAD (APNS: 179 -330-002, 003, 004, 005 & 006) (APPLICANT:
NORTHTOWN HOUSING DEVELOPMENT CORPORATION)
(CONTINUED FROM THE OCTOBER 1, 2020 MEETING)
RECOMMENDATION
1) That the City Council adopt Resolution No. 2020-54 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR A MIXED -USE DEVELOPMENT PROJECT ON APPROXIMATELY 7.13 GROSS ACRES LOCATED
ON THE NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, -004, -005, AND -006), OVERRULING THE AIRPORT LAND USE COMMISSION ’S DETERMINATION OF INCONSISTENCY , AND APPROVING GENERAL PLAN AMENDMENT NO. 1 6006, TENTATIVE PARCEL MAP NO. 37126 , AND SITE DEVELOPMENT PERMIT NO. 16043 TO PERMIT THE SUBDIVISION OF APPROXIMATELY 7.13 GROSS ACRES
LOCATED ON THE NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, -004, -005, AND -006) INTO 2
PARCELS TO ALLOW FOR A MIXED-USE DEVELOPMENT PROJECT
RETURN TO AGENDA
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2) That the City Council conduct a first reading and introduce Ordinance No. 2020 -10, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY OF JURUPA VALLEY OFFICIAL ZONING MAP CHANGING THE ZONE OF APPROXIMATELY 1. 81
ACRES OF REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF MISSION BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, - 004, -005, AND -006 ) FROM RUBIDOUX -VILLAGE COMMERCIAL (R -VC), MULTIPLE FAMILY DWELLINGS (R-2), AND LIGHT AGRICULTURE (A-1) ZONES
TO RUBIDOUX -VILLAGE COMMERCIAL (R -VC) ZONE, APPROVING AN
AMENDMENT TO THE CITY OF JURUPA VALLEY OFFICIAL ZONING MAP CHANGING THE ZONE OF APPROXIMATELY 5.20 ACRES OF REAL PROPERTY
LOCATED ON THE NORTHEAST CORNER OF MISSIO N BOULEVARD AND CRESTMORE ROAD (APNS: 179 -330-002, -003, -004, -005, AND -006 ) FROM
RUBIDOUX-VILLAGE COMMERCIAL (R-VC), MULTIPLE FAMILY DWELLINGS (R- 2), AND LIGHT AGRICULTURE (A-1) ZONES TO GENERAL RESIDENTIAL (R -3)
ZONE, AND MAKING FINDINGS PURSUANT TO CEQA
BACKGROUND
On August 6, 2020, the City Council held a public hearing to consider a request by the Applicant (“Applicant” or “Northtown Housing Development Corporation ”) for General Plan Amendment (GPA) No. 16006, Change Of Zone (CZ) No. 16011, Tentative Parcel Map (TPM) No. 37126 and Site Development Permit (SDP) No. 16043 for “Mission Gateway Plaza & Mission Gateway Villas” (hereafter, the “Project”), a mixed-use project consisting of a commercial building and 68 -unit, affordable multi-family housing development project.
After careful consideration and discussion, the City Council voted to continue the item to September 3, 2020 and requested that the Applicant address the following items:
1. Protect views to Mount Rubidoux
2. Reduce street parking and consider permit parking
3. Consideration on reducing the number of residential units to meet code required parking spaces
4. Eliminate parking spaces south of Mission Boulevard
5. Add gateway sign to the project identifying City of Jurupa Valley
6. Increase fence height between the residential and commercial parcels from six (6) to eight (8) feet.
The August 6, 2020 City Council staff report is provided as an Attachment to this report.
On September 3, 2020, the City Council held a public hearing to consider this continued item and, on a 4-0 vote, recommended that this item be continued to the October 1, 2020 City Council public hearing in order to allow the Applicant additional time to address the Council’s comments and revise the plans accordingly.
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At the October 1, 2020 City Council meeting, C ouncil opened the public hearing and, upon request by the Applicant, continued the public hearing for this item to their October 15, 2020 City Council meeting.
ANALYSIS
In revising the plans to address the City Council ’s comments, the Applicant ’s Engineer corrected the property boundary of Parcels 1 and 2 which resulted in a slight increase in Parcel 1 from 1.79 to 1.81 acres and Parcel 2 from 5.14 to 5.20 acres. The increase in area also allowed the Applicant to add five (5) on -site parking spaces for commercial Parcel 1 and add an additional tot-lot area to residential Parcel 2.
The Applicant has revised the development plans to address the City Council’s comments at the August 6, 2020 public hearing . A summary of the Applicant ’s responses are as follows:
1. Protect Views to Mount Rubidoux
The plans were revised by eliminating the second story from Residential Bldgs. 1, 2 and 3 and Commercial Bldg. 15. Thereby, making these buildings one-story. The change from two to one-story on these four (4) structures now allow the residential land uses on the west side of Crestmore Road to have views of Mount Rubidoux.
See the Building “A.1” Plans and Exterior Elevations sheet within the development plans provided as an attachment to this report.
a. The reduction in the heights of four (4) proposed buildings along Crestmore Road (3 Residential and 1 Commercial) to one -story structures makes the project more in scale and compati ble to the existing single -family homes located across the street along Crestmore Road. The residential development was reduced from 95,862 to 83,032 square feet and the commercial development was reduced from 30,715 to 28,015 square feet. b. The revised plans eliminated 11 residential dwelling units, from 68 to 57 units, and reduced the parking requirements of the residential use from 177 spaces to 151 (includes 2 employee parking spaces). The reduction of two- story units to one-story reduced the required parking without changing the Site Plan layout. The residential development contains 155 on-site parking spaces, which complies with the J urupa Valley Municipal Code (JVMC) parking requirements, plus accommodates three (3) additional spaces above the required 151 spaces.
b. With the elimination of a portion of the second floor for Commercial Bldg. 15, t he building was reduced by 2,700 sq.ft. Additionally, due to the engineer’s correction in the TPM boundary line, the Applicant was able to add five (5) additional parking spaces to the on -site commercial parking spaces. As a result, per the JVMC, the commercial development now requires 125 parking spaces , 78 spaces are provi ded on-site and 47 are Page | 4
proposed as street parkin g. Street parking is permitted within the RV-C (Rubidoux Village Commercial) zone so long as the parking is proposed within 600 feet of the subject site and not more than 50% of the required parking is propo sed as street parking . The project proposes 37% of the required parking as street parking and the revised plans have reduced street parking by 16 spaces. Street parking is also encouraged within the framework of the Rubidoux Village Design Workbook to encourage pedestrian activity and commercial village centers located close to residential land uses.
2. Reduce Street Parking and Consider Permit Parking
a. As described in Section No. 1 abovementioned, the Commercial property will now have 78 on-site parking spaces and 16 street parking spaces have been eliminated to now provide 47 street parking spaces. The Applicant indicates that since the office use is expected to close by 6 p .m. and retail is expected to close by 9 p.m., no parking will be utilized on the Commercial Parcel between 10:00 pm and 8:00 am.
b. The anticipated hours of operation , therefore, between office and commercial use should minimize the impact of parking on th e surrounding area and will eliminate any overnight street parking. An agreement with the commercial development will allow any overflow parking from the Apartment project to utilize the available parking on the Commercial property in the evening and early morning, eliminating the need for any guests to park on the street in the surrounding neighborhood. However, since the residential project is now parked to meet JVMC requirements, this should not be an issue.
c. The Applicant is in support of having permit parking in the residential neighborhood to the west and north of the project site to prohibit residents or commercial customers from parking in those areas. However, with the reduction in the number of residential units and on-site overnight parking available within the adjacent commercial center, overnight street parking should no longer be an issue. As for the 47 proposed street parking spaces, these spaces would primarily be utilized between the hours of 8 a.m. to 6 p.m., when most residents are not home. Additionally, the Applicant has worked with staff and the Engineering Department to strategically place the street parking spaces away from the front of any homes, see Section 4 below and refer to the Public Parking 600’ Radius Map exhibit within the development plans provided as an attachment to this report.
3. Consideration on Reducing the Number of Residential Units to Meet Code Required Parking Spaces
Please refer to Sections Nos. 1 and 2 abovementioned.
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4. Eliminate Parking Spaces South of Mission Boulevard
a. By reducing the square footage of a portion of Commercial Bldg. 1 5 from two to one-story, the Applicant has omitted 20 proposed parking spaces on Crestmore Road south of Mission Boulevard and has added four (4) street parking spaces on Crestmore Road, north of Mission Blvd in front of the project site.
b. The reduction in commercial square footage also reduced t he parking required for the commercial use by 11 spaces. In addition, five (5) additional parking spaces were added to the commercial property due to an increase in the site area which was discovered during the civil engineer ’s survey analysis.
c. Street parking for the commercial use has been reduced by 16 spaces, from 63 to 47. Street parking is now proposed as follows:
15 spaces on Mission Boulevard
15 spaces along the south side of 37th Street adjacent to the former County’s fleet services facility
Three (3) spaces on the west side of Crestmore Road between Mission Blvd. and 37th Street
14 spaces along the east side of Crestmore Road adjacent to the project site.
Please reference the revised Public Parking 600’ Radius Map exhibit within the development plans provided as an attachment to this report.
5. Add Gateway Sign to Project Identifying City of Jurupa Valley The site plan was revised to incorporate a pylon/ monument sign which will incorporate City identification at southeast corner of the property for vehicles traveling west bound along Mission Boulevard. Please refer to the revised Site Plan attached to this report for location. The sign could feature the City Logo and “Welcome to Rubidoux” or other identification suggested by the City Council.
Per the project’s Conditions of Approval, a Master Sign Program shall be approved by the Planning Director prior to the issuance of the first Building permit of the project. The applicant shall submit a Site Development Permit (SDP) to the Planning Department for review and appro val of the Master Sign Program by the Planning Director. The Master Sign Program shall meet the following requirements:
(1) Demonstrate consistency with Title 9 (Planning and Zoning) including the maximum surface area for wall signs; (2) All signage, including freestanding signs, shall incorporate the overall development’s architectural theme.
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6. Increase Fence Height between the Residential and Commercial Parcels from Six (6) to Eight (8) Feet.
In response to Council’s concerns to raise the proposed fencing between both the commercial and residential parcels, the Applicant has revised their plans increasing the 6-foot high fence to 8-feet high fence from the main driveway entry into the project (after the monument signage) along the commercial drivewa y including raising the residential gates to 8-feet in height. The fence/wall was also increased in height from 6 to 8 feet along the rear of the commercial parcel where it connects to the residential parcel adjacent to Building 14. Both fences connect to the Community Center Building. This will provide increased security to the residents within the Residential parcel.
REVISED PROJECT DESCRIPTION
The Project is a proposed mixed-use development consisting of a 1.81-acre parcel for a 28,015 square foot commercial building (ranging from two to one-story) and a 5.20-acre parcel for a 57-unit multi-family affordable housing development totaling 83,032 square feet. The Project includes ground level parking; landscaping; internal paving and walkways; community center and pool facility space.
The Applicant has submitted the following applications:
1. General Plan Amendment (GPA) No. 16006: Change existing land use designation from Commercial Retail (CR) and Medium High Density Residential (MHDR: 5 to 8 dwelling units per acre) to Commercial Retail (CR) for the 1.81-acre commercial parcel and High Density Residential (HDR: 8 to 14 dwelling units per acre) for the 5.20-acre residential parcel.
2. Change of Zone (CZ) No. 16011: Change the zone classification from R -VC (Rubidoux-Village Commercial), R -2 (Multiple Family Dwellings) and A -1 (Light Agriculture) to R -VC (Rubidoux-Village Commercial) for the 1. 81-acre commercial parcel and R-3 (Multiple Family Dwellings) for the 5.20 acre residential parcel.
3. Tentative Parcel Map (TPM) No. 37126: Parcel map to merge five (5) parcels and create two (2) parcels: Parcel 1 would be a 1. 81-acre parcel for commercial development and Parcel 2 would be a 5.20-acre parcel for residential development.
4. Site Development Permit (SDP) No. 16043: For the construction of the (a) commercial development on a 1 .81-acre parcel and (b) 57-unit multi -family affordable housing development with community center, pool and maintenance building, and covered and uncovered ground level parking, on a 5. 20-acre parcel.
The Project includes landscaping, internal paving and walkways.
The project site (comprised of five (5) parcels) is located at the northeast corner of Mission Boulevard and Crestmore Road within the Rubidoux Overlay. The site is bounded by Crestmore Road on the west followed by the County of Riverside Fleet Services facility further to the west, single-family residential development and vacant land to the north, the Page | 7
Santa Ana River to the east, Riverside County Flood Control and Water Conservation District maintenance access road to the immediate south and Mission Boulevard to the south with a mobile home park and va cant land further to the south. Exhibit 1 provides an aerial view of the project site.
EXHIBIT 1: AERIAL VIEW
PROJECT’S CONSISTENCY WITH JVMC AND GENERAL PLAN
The Project adheres to the applicable goals and policies within the General Plan and is consistent with the requirements in the City’s zoning code (with approval of the GPA, CZ, and overruling of ALUC ’s inconsistency decision). The Project will revitalize a currently blighted and underutilized vacant parcel and will promote the vision within the Rubidoux Village Design Workbook, the Rubidoux Overlay and the R -VC Zone. The Project encompasses village town center design elements and land uses which are consi stent with the General Plan goals and policies.
The Project ’s attractive Craftsman architectural theme, multiple residential amenities, decorative perimeter walls/fencing, landscape screening, and overall site improvements makes this development a showcase project. Additionally, the Project will become a landmark development at the eastern gateway into the City as well as serve to revitalize the downtown Rubidoux village. Potential impacts have been analyzed within the EIR, Facts and Findings and also withi n the proposed Mitigation Monitoring and Reporting Program to reduce any impacts to a “less than significant level.”
Subject Site
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CONCLUSION
The Rubidoux Overlay area has been the focus of special assistance in terms of redevelopment funding and public improvements. To continue the improvements begun under the County of Riverside’s Jurupa Valley Redevelopment Plan (JVRP), the General Plan provides several land use policies. To implement the policies further, the Rubidoux Village Commercial (RV-C) zone, a Rubidoux Village Sign Program, and shared parking provisions have been established for this area. In addition, the Rubidoux Village Design Workbook provides a set of guidelines intended to improve the architectural aesthetics of the downtown Rubidoux area in support o f the economic development strategy as outlined in the JVRP.
Over the past several years, the Applicant has worked closely with Planning and Engineering staff to meet the JVMC requirements and the goals and policies of the General Plan, including the visio n of the Rubidoux Town Center Overlay, the Rubidoux Village Design Workbook and the R-VC zone which include the following elements:
Revitalization efforts on the commercial strip on each side of Mission Boulevard in the Rubidoux area from Crestmore (at the Santa Ana River bridge) to Riverview. Revitalization and economic stimulus of vacant, underutilized and dilapidated buildings and parcels.
Emphasis on an economic development strategy to promote economic development which in turn will lead to job growth and economic sustainability. The Mission Boulevard district must function as a classic neighborhood, both because of and in spite of its commercial orientation. This means having a center of focus; definable edges; safe and walkable streets; civic facilities and public open space; and an appropriate mix of uses.
Increase in affordable housing units to comply with the State’s mandated Regional Housing Needs Assessment (RHNA) numbers.
The Applicant has revised their development plans to meet the City Council’s discussion items, including reducing four (4) of their structures from two to one -stories. With the overall changes and concessions made to the project, staff believes that the City Council’s concerns have now been addressed.
FINANCIAL IMPACT
Staff time to process this application will be covered by a developer application deposit.
No additional costs to the City are anticipated.
ALTERNATIVES
1. Recommended Action: That the City Council adopt Resolution No. 2020 -54 and introduce and conduct the first r eading of Ordinance No. 2020 -10 to do the following:
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7. Adopted Planning Commission Resolution No. 2020-05-27-03 without exhibits as these exhibits are the same as the one attached to Resolution No. 2020-54)
8. Planning Commission Staff Report from May 27, 2020 with all attachments, except for Resolution No. 2020-05-27-03 and Project Plans.
9. Planning Commission Minutes from March 27, 2020
10. ALUC’s May 11, 2017 Staff Report
11. ALUC’s June 8, 2020 Letter
12. Project Plans (Architectural Set; Tentative Parcel Map, Civil Set and Concept Landscape Plan Set) dated 10-1-20
ATTACHMENT NO. 5
Approved Architectural Plans
Sheet #01 of 36
Sheet Index:
01 - Vicinity Maps, Sheet Index
02 - Rubidoux Village Planning Maps
03 - Site Utilization Map (300'r.), Street Sections
04 - Conceptual Site Plan
05 - Existing Tree Survey
06 - Preliminary Grading & Drainage Plan (1 of 3)
07 - Preliminary Grading & Drainage Plan (2 of 3)
08 - Preliminary Grading & Drainage Plan (3 of 3)
09 - Tentative Parcel Map 37256 (1 of 2)
10 - Tentative Parcel Map 37256 (2 of 2)
11 - Conceptual Landscape Plan
12 - Tree Shade Covering at Parking Plan
13 - Site Lighting Plan
14 - Site Plan Photometric Analysis
15 - Fire Access & Truck Circulation Site Plans
16 - Commercial Building 1st Floor Plan
17 - Commercial Building 2nd Floor Plan
18 - Commercial Building Exterior Elevations (colored)
19 - Commercial Building Exterior Elevations (material notes) 20 - Community Building Floor Plan & Exterior Elevations 21 - Building "A.1" Floor Plans & Exterior Elevations
22 - Building "A.2" Floor Plans & Exterior Elevations
23 - Building "B.1" Floor Plans & Exterior Elevations
24 - Building "B.2" Floor Plans & Exterior Elevations
25 - Building "C" Floor Plans & Exterior Elevations
26 - Landscaping Materials (Plants, Paving, Amenities)
27 - Recreation Area Plan View Enlargement
28 - Children's Tot Lots Plan View Enlargements
29 - Accessory Buildings & Structures
30 - Landscaping Structures (Picnic Canopies, Entry Gateways) 31 - Details (Light Fixtures, Bicycle Racks, Benches, Trash Cans) 32 - Site Walls & Fencing
33 - Public Parking 600' Radius Map
34 - Pylon Sign Street Views
35 - Maintenance Exhibit
36 - Street View Comparison: One Story vs. Two StoryOctober 01, 2020 Sheet #02 of 36
October 01, 2020
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NOTE: This sheet does not reflect the 08.06.2020 revisions.
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ATTACHMENT NO. 6
Previous Environmental Document Report
Previous Environmental Document (PED)
Review Determination
Rubidoux Gateway Plaza
Mission Villas
MA 22298
for
Extension of Time
Site Development Permit 16043EOT1
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:
Northtown Housing Development Corporation (NHDC)
10071 Feron Blvd.
Rancho Cucamonga, CA. 91730
January 5, 2023
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
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 (FEIR), State Clearinghouse (SCH) #2018061047), City of Jurupa Valley Master Application 16224, certified on October 29, 2020 . 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.
City of Jurupa Valley
Signature Lead Agency
Joe Perez, Community Development Director January 5, 2022 Printed Name/Title Date
2.0 PREVIOUS ENVIRONMENTAL DOCUMENT REVIEW (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 adopted EIR or 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 propo se substantial changes to the previously adopted or certified CEQA documentation that 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 Extension of Time request is within the scope of the analysis contained in the Final Environmental Impact Report (FEIR) , Master Application 16224, adopted by the Planning Commission on October 29, 2020 by Resolution No. 2020-54, to ensure that by extending the time of approval , the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously.
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
3 The previously adopted Final 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 approved Project is a mixed-use development consisting of a 1.81 -acre parcel for a 28,015 square foot commercial building and a 5.20 -acre parcel for 57 -unit multi -family affordable housing development totaling 83,032 square feet. The project includes parking, landscaping, internal paving, walkways, community center, and pool facility space.
The Project site are located at the northeast corner of Mission Boulevard and Crestmore Road. The parcels are also identified by the following Assessor Parcel Numbers: 179-330-002, 003, 004, 005, and 006.
This is the 1st request for a three-year extension of time (EOT) for the SDP. The extension of time request does not propose to amend boundaries, change the number of parcels, or propose any changes to infrastructure or utilities that are different than the previously approved Project.
4.0 ANALYSIS
Previously Identified Environmental Impacts
The adopted FEIR determined that the previously approved Project would result in no impacts or less than significant environmental impacts under the following issue areas: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology/Water Q uality, Mineral Resources, Noise, Population/ Housing, Public Services, Recreation, Tribal Cultural Resources, and Utilities/Service Systems.
The adopted FEIR determined that the development accommodated by the Project would result in significant and unavoidable impacts to Hazards and Hazardous Materials , Land Use and Planning, and Transportation and Traffic.
Current Environmental Impacts
When the Project was approved in 2020, the Project site was highly disturbed land bordered by Mission Boulevard to the south, Crestmore Road to the west, the Santa Ana River to the east, and residential and vacant land to the north . The site has been subject to historic human disturbances, evidenced by several transient residences and their dogs, trash, signs of tire tracks, old paved roads, and signs of disking activities throughout the property. Existing habitat on the site consists primarily of non -native, ruderal vegetation and non -native grasses. The ruderal vegetation present within the project area consists of l ow-growing perennial plants and some taller trees. The dominant plant species include tree of heaven (Ailanthus altissima), California MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
4 pepper tree (Schinus molle), caster bean (Ricinus communis), Mexican fan palm (Washingtonia robusta), tamarisk (Tamarix s pp), ripgut (Bromus diandrus), coastal heron’s -bill (Erodium cicutarium), slender oat (Avena barbata), and stinknet (Oncosiphon piluliferum). No suitable habitat for any sensitive species exists within the Project site.
The site has been subject to histor ic human disturbances, evidenced by previous transient residences, debris and trash , old paved roads, and disking activities. The topography of the Project site is relatively flat, approximately 778 feet above average mean sea level (AMSL).
Because constru ction has not occurred and the property remains highly disturbed, the environmental impacts identified in 2020 remain the same as indicated in the aerial photographs from 2020 and 2022 in Exhibits 4.0-1 and 4.0-2.
Exhibit 4.0-1 Aerial Photograph April 2020
Source Google Earth Pro
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
5 Exhibit 4.0-2 Aerial Photograph June 2022
Source Google Earth Pro
Applicability of the 2020 Certified FEIR
If the extension of time (EOT) is approved, the Project will incorporate the following as required by the adopted Mitigation Monitoring and Reporting Program (MMRP) adopted with the FEIR:
Plans, Policies, or Programs These include existing regulatory requirements such as plans, policies, or programs applied to the Project -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 implementati on of the proposed Project would result in significant impacts; mitigation measures are proposed in accordance with the provisions of CEQA. The MMs are summarized in Table 4.1 Environmental Impacts Mitigation Summary.
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
6 Table 4.1 Environmental Impacts Mitigation Summary.
Environmental
Topic/Threshold
Mitigation Measures (MM) Required to Reduce Impact Level of Significance
Aesthetics
a. Have a substantial adverse
effect on a scenic vista?
No Mitigation Measures Required. No Impact
b. Substantially damage
scenic resources, including,
but not limited to, trees, rock
outcroppings, and historic
buildings within a state scenic
highway?
No Mitigation Measures Required. No Impact
c. Substantially degrade the
existing visual character or
quality of public views of the
site and its surroundings?
No Mitigation Measures Required. No Impact.
d. Create a new source of
substantial light or glare
which would adversely affect
day or nighttime views in the
area?
No Mitigation Measures Required. No Impact.
Agriculture and Forestry Resources
a. Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland), as
shown on the maps prepared
pursuant to the Farmland
Mapping and Monitoring
Program of the California
Resources Agency, to non-
agricultural use?
No Mitigation Measures Required. No Impact
b. Conflict with existing
zoning for agricultural use, or
a Williamson Act contract?
No Mitigation Measures Required. No Impact
c. Conflict with existing zoning
for, or cause rezoning of,
forest land (as defined in
Public Resources Code section
12220(g)), timberland (as
defined by Public Resources
Code section 4526), or
timberland zoned Timberland
Production (as defined by
Government Code section
51104(g))?
No Mitigation Measures Required. No Impact
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
7 d. Result in the loss of forest
land or conversion of forest
land to non-forest use?
No Mitigation Measures Required. No Impact
e. Involve other changes in
the existing environment
which, due to their location or
nature, could result in
conversion of Farmland, to
non-agricultural use or
conversion of forest land to
non-forest use?
No Mitigation Measures Required. No Impact
Air Quality
a. Conflict with or obstruct
implementation of the
applicable air quality plan.
MM AQ-1: Construction equipment comply with EPA/CARB
Tier 3 emissions standards during all construction phases and will ensure that all construction equipment is tuned and maintained in accordance with the manufacturer’s
specifications.
Less than
significant
b.: Violate any air quality
standard or contribute
substantially to an existing or
projected air quality
violation?
MM AQ-1: Construction equipment comply with EPA/CARB
Tier 3 emissions standards during all construction phases and will ensure that all construction equipment is tuned and maintained in accordance with the manufacturer’s
specifications.
Less than
significant
c. Result in a cumulatively
considerable net increase of
any criteria pollutant for
which the project region is
non-attainment under an
applicable federal or state
ambient air quality standard
(including releasing emissions
which exceed quantitative
thresholds for ozone
precursors)?
MM AQ-1: Construction equipment comply with EPA/CARB
Tier 3 emissions standards during all construction phases and will ensure that all construction equipment is tuned and maintained in accordance with the manufacturer’s
specifications.
Less Than
Significant
d. Expose sensitive receptors
to substantial pollutant
concentrations?
MM AQ-1: Construction equipment comply with EPA/CARB
Tier 3 emissions standards during all construction phases and will ensure that all construction equipment is tuned and maintained i n accordance with the manufacturer’s
specifications.
Less Than
Significant
e. Create objectionable odors
affecting a substantial
number of people?
No Mitigation Measures Required. No Impact
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
8 Biological Resources
a. Have a substantial adverse
effect, either directly or
through habitat
modifications, on any species
identified as a candidate,
sensitive, or special status
species in local or regional
plans, policies, or regulations,
or by the California
Department of Fish and Game
or U.S. Fish and Wildlife
Service?
MM BIO-1: Preconstruction Burrowing Owl Survey
Less than
significant.
b. Have a substantial adverse
effect on any riparian habitat
or other sensitive natural
community identified in local
or regional plans, policies,
regulations or by the
California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
No Mitigation Measures Required. No Impact
c. Have a substantial adverse
effect on federally protected
wetlands as defined by
Section 404 of the Clean
Water Act (including, but not
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
No Mitigation Measures Required. No Impact
d. Interfere substantially with
the movement of any native
resident or migratory fish or
wildlife species or with
established native resident or
migratory wildlife corridors,
or impede the use of native
wildlife nursery sites?
MM BIO-2: Nesting Bird Survey
Less than
significant.
e. Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
MM BIO-3: Tree Preservation and Replacement
Less than
significant.
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
9 f. Conflict with the provisions
of an adopted Habitat
Conservation Plan, Natural
Community Conservation
Plan, or other approved local,
regional, or state habitat
conservation plan?
MM BIO-1, BIO-2, and BIO-3 shall apply. Less than
significant.
Cultural Resources
a: Cause a substantial adverse
change in the significance of a
historical resource as defined
in CEQA Guidelines §
15064.5?
No Mitigation Measures Required. Less than
significant.
b: Cause a substantial adverse
change in the significance of
an archaeological resource
pursuant to CEQA Guidelines
§ 15064.5 or a tribal cultural
resource pursuant to Public
Resource Code 21074?
MM CR-1 Archaeological Monitoring.
MM CR-2 Archeological Treatment Plan.
Less than
significant.
c: Directly or indirectly
destroy a unique
paleontological resource or
site or unique geological
feature?
MM CR-3 Paleontological Monitoring.
MM CR-4 Paleontological Treatment Plan
Less than
significant
d. Disturb any human
remains, including those
interred outside of formal
cemeteries?
No Mitigation Measures Required. Less than
significant
Geology and Soils
a. Expose people or structures
to potential substantial
adverse effects, including the
risk of loss, injury, or death
involving: ,
1) Rupture of a known
earthquake fault, as
delineated on the most recent
Alquist-Priolo Earthquake
Fault Zoning Map issued by
the State Geologist for the
area or based on other
substantial evidence of a
known fault? Refer to Division
No mitigation measures are required. Less than
significant.
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
10 of Mines and Geology Special
Publication 42.
2) Strong seismic ground
shaking?
No mitigation measures are required. Less than
significant.
3) Seismic-related ground
failure, including liquefaction?
MM GEO -1: Compliance with Preliminary Soils
Investigation.
Less than
significant.
4) Landslides? No mitigation measures are required. Less than significant.
b. Result in substantial soil
erosion or the loss of topsoil?
No mitigation measures are required. Less than
significant.
c. Be located on a geologic
unit or soil that is unstable, or
that would become unstable
as a result of the Project, and
potentially result in on-site or
offsite landslide, lateral
spreading, subsidence,
liquefaction or collapse?
MM GEO-1: Compliance with Preliminary Soils
Investigation.
Less than
significant
d. Be located on expansive
soil, as defined in the Uniform
Building Code, creating
substantial risks to life or
property?
No mitigation measures are required. Less than
significant.
e. Have soils incapable of
adequately supporting the
use of septic tanks or
alternative waste water
disposal systems where
sewers are not available for
the disposal of waste water?
No mitigation measures are required. Less than
significant.
Greenhouse Gas and Climate Change
a: Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment?
No mitigation measures are required. Less than
significant.
b: Conflict with applicable
plan, policy, or regulation
adopted for the purpose of
reducing the emissions of
greenhouse gases?
No mitigation measures are required. Less than
significant.
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
11 Hazards and Hazardous Materials
a: Create a significant hazard
to the public or the
environment through the
routine transport, use or
disposal of hazardous
materials?
No mitigation measures are required. Less than
significant.
b: Create a significant hazard
to the public or the
environment through
reasonably foreseeable upset
and accident conditions
involving the release of
hazardous materials into the
environment?
No mitigation measures are required.
Less than
significant
c: Emit hazardous emissions
or handle hazardous or
acutely hazardous materials,
substance, or waste within
one-quarter mile of an
existing or proposed school?
No mitigation measures are required.
No Impact
d: Be located on a site, which
is included on a list of
hazardous materials compiled
pursuant to Government
Code Section 65962.5 and, as
a result, would create a
significant hazard to the
public or the environment?
No mitigation measures are required. Less than
significant
e: For a project site located
within the airport land use
plan or, where such a plan has
not been adopted, within two
miles of a public airport or
public use airport, would the
Project result in a safety
hazard for people residing or
working in the Project area?
No feasible mitigation. Significant and
unavoidable.
f. For a project within the
vicinity of a private airstrip,
would the Project result in a
safety hazard for people
residing or working in the
Project area?
No mitigation measures are required. Less than
significant
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
12 g: Impair implementation of
or physically interfere with an
adopted emergency response
plan or emergency evacuation
plan?
No mitigation measures are required.
Less than
significant
h: Expose people or
structures, either directly or
indirectly, to a significant risk
of loss, injury, or death
involving wildland fires,
including where wildlands are
adjacent to urbanized areas
or where residences are
intermixed with wildlands?
No mitigation measures are required.
No Impact
Hydrology and Water Quality
a: Violate any water quality
standards or waste discharge
requirements?
No mitigation measures are required.
Less than
significant.
b: Substantially deplete
groundwater supplies or
interfere substantially with
groundwater recharge such
that there would be a net
deficit in aquifer volume or a
lowering of the local
groundwater table level (e.g.,
the production rate of pre-
existing nearby wells would
drop to a level which would
not support existing land
uses or planned uses for
which permits have been
granted).
No mitigation measures are required Less than
significant.
c: Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of the
course of a stream or river, in
a manner which would result
in a substantial erosion or
siltation on- or off-site?
ii);
iii) Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater drainage
systems or provide
No mitigation measures are required Less than
significant.
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
13 substantial additional sources
of polluted runoff; or
iv) Impede or redirect flood
flows.
d. Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of the
course of a stream or river, or
substantially increase in the
rate or amount of surface
runoff in a manner which
would result in flooding on- or
off-site?
No mitigation measures are required Less than
significant.
e: Create or contribute runoff
which would exceed the
capacity of existing or
planned storm water drainage
systems or provide
substantial additional sources
of polluted runoff?
No mitigation measures are required Less than
significant.
f: Otherwise substantially
degrade water quality?
No mitigation measures are required Less than
significant.
g: Place housing within a 100-
year flood hazard as mapped
on a Federal Flood Hazard
Boundary or Flood Insurance
Rate Map or other flood
hazard delineation map?
No mitigation measures are required Less than
significant.
h: Place within a 100-year
flood hazard area structures,
which would impede or
redirect flood flows?
No mitigation measures are required Less than
significant.
i: Expose people or structures
to a significant risk of loss,
injury or death involving
flooding, including flooding as
a result of the failure of a
levee or dam?
No mitigation measures are required Less than
significant.
j: Inundation by seiche,
tsunami, or mudflow?
No mitigation measures are required Less than
significant.
Land Use and Planning
a: Physically divide an
established community.
No mitigation measures are required. Less Than
Significant
b: Conflict with any applicable No feasible mitigation Significant and unavoidable.
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
14 land use plan, policy, or
regulation of an agency with
jurisdiction over the Project
(including, but not limited to
the general plan, specific
plan, local coastal program, or
zoning ordinance) adopted for
the purpose of avoiding or
mitigating an environmental
effect?
c: Conflict with any applicable
habitat conservation plan or
natural community
conservation plan?
MM BIO-1: Preconstruction Burrowing Owl Survey
Less Than
Significant
Mineral Resources
a: Result in the loss of
availability of a known
mineral resource that would
be of value to the region and
the residents of the state?
No mitigation measures are required. Less Than
Significant
b: Result in the loss of
availability of a locally
important mineral resource
recovery site delineated on a
local general plan, specific
plan, or other land use plan?
No mitigation measures are required. Less Than
Significant
Noise
a: Exposure of persons to or
generation of noise levels in
excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other agencies?
MM NOI-1: Construction Noise Mitigation Plan.
Less than
significant.
b: Exposure of persons to or
generation of excessive
groundborne vibration or
groundborne noise levels?
MM NOI-2: Loaded trucks and dozers shall be prohibited
within 90 feet of nearby occupied sensitive residential homes
Less than
significant.
c. A substantial permanent
increase in ambient noise
levels in the Project vicinity
above levels existing without
the Project?
MM NOI-1: Construction Noise Mitigation Plan.
Less than
significant
d. A substantial temporary or
periodic increase in ambient
noise levels in the Project
MM NOI-1: Construction Noise Mitigation Plan.
Less than
significant
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
15 vicinity above levels existing
without the Project?
e. For a project located within
an airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would the
Project expose people residing
or working in the Project area
to excessive noise levels?
No mitigation measures are required. Less Than
Significant
f. For a project within the
vicinity of a private airstrip,
would the Project expose
people residing or working in
the Project area to excessive
noise levels?
No mitigation measures are required. Less Than
Significant
Population and Housing
a: Induce substantial
population growth in the area,
either directly (for example,
by proposing new homes and
businesses) or indirectly (for
example, through extension of
roads or other infrastructure)?
No mitigation measures are required. Less than
significant
b. Displace substantial
numbers of existing housing,
necessitating the construction
of replacement housing
elsewhere?
No mitigation measures are required. Less than
significant
c. Displace substantial
numbers of people,
necessitating the construction
of replacement housing
elsewhere?
No mitigation measures are required. Less than
significant
Public Services
1) Fire Protection: The
proposed project would not
result in a substantial adverse
physical impact associated
with the provisions of new or
physically altered
governmental facilities, need
for new or physically altered
governmental facilities, the
construction of which could
cause significant
No mitigation measures are required. Less than
significant
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
16 environmental impacts, in
order to maintain acceptable
service ratios, response times
or other performance
objectives for fire protection
services.
2) Police Protection: The
proposed project would not
result in a substantial adverse
physical impact associated
with the provisions of new or
physically altered
governmental facilities, need
for new or physically altered
governmental facilities, the
construction of which could
cause significant
environmental impacts, in
order to maintain acceptable
service ratios, response times
or other performance
objectives for police
protection services.
No mitigation measures are required. Less than
significant
3) Schools? No mitigation measures are required. Less than significant
4) Parks? No mitigation measures are required. Less than significant
5) Other public facilities? No mitigation measures are required. Less than significant
Recreation
a: Would the Project increase
the use of existing
neighborhood and regional
parks or other recreational
facilities such that substantial
physical deterioration of the
facility would occur or be
accelerated?
No mitigation measures are required. Less than
significant
b: Does the Project include
recreational facilities or
require the construction or
expansion of recreational
facilities, which might have an
adverse physical effect on the
environment?
No mitigation measures are required. Less than
significant
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
17 Transportation / Traffic
a: Conflict with an applicable
plan, ordinance or policy
establishing measures of
effectiveness for the
performance of the circulation
system, taking into account all
modes of transportation
including mass transit and
non-motorized travel and
relevant components of the
circulation system, including
but not limited to
intersections, streets,
highways and freeways,
pedestrian and bicycle paths,
and mass transit?
MM-TRA-1: Fair Share Payment Rubidoux Blvd. and
Mission Blvd. Intersection (#3) Improvements.
Significant and
unavoidable.
b. Conflict with an applicable
congestion management
program, including, but not
limited to level of service
standards and travel demand
measures, or other standards
established by the county
congestion management
agency for designated roads
or highways?
MM-TRA-1 through MM-TRA-5. Significant and
unavoidable.
c. Result in a change in air
traffic patterns, including
either an increase in traffic
levels or a change in location
that results in substantial
safety risks?
No feasible mitigation. Significant and
unavoidable.
d. Substantially increase
hazards due to a design
feature (e.g., sharp curves or
dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
No mitigation measures are required. Less than
significant
e. Result in inadequate
emergency access?
No mitigation measures are required. Less than
significant
f. Conflict with adopted
policies, plans, or programs
regarding public transit,
bicycle, or pedestrian
facilities, or otherwise
No mitigation measures are required. Less than
significant
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
18 decrease the performance or
safety of such facilities?
Tribal Cultural Resources
a. Listed or eligible for listing
in the California Register of
Historical Resources, or in a
local register of historical
resources as defined in Public
Resources Code section
5020.1(k)?
No mitigation measures are required. Less than
significant.
b: A resource determined by
the lead agency, in its
discretion and supported by
substantial evidence, to be
significant pursuant to criteria
set forth in subdivision (c) of
Public Resources Code section
5024.1. In applying the criteria
set forth in subdivision (c) of
Public Resource Code Section
5024.1, the lead agency shall
consider the significance of
the resource to a California
Native American tribe?
MM TCR -1: Native American Monitoring, Treatment of
Discoveries, and Disposition of Discoveries.
Less than
significant.
Utilities and Service Systems
a. Exceed wastewater
treatment requirements of
the applicable Regional Water
Quality Control Board?
No mitigation measures are required. Less than
significant.
b. Require or result in the
construction of new water or
wastewater treatment
facilities or expansion of
existing facilities, the
construction of which could
cause significant
environmental effects?
No mitigation measures are required. Less than
significant.
c. Require or result in the
construction of new storm
water drainage facilities or
expansion of existing facilities,
the construction of which
could cause significant
environmental effects?
No mitigation measures are required. Less than
significant
d. Have sufficient water
supplies available to serve the
Project from existing
No mitigation measures are required. Less than
significant
MA 22298– Rubidoux Gateway Plaza and Mission Villas
Previous Environmental Determination
January 5, 2023
19 entitlements and resources,
or are new or expanded
entitlements needed?
e. Result in a determination
by the wastewater treatment
provider, which serves or may
serve the Project that it has
adequate capacity to serve
the Project’s projected
demand in addition to the
provider’s existing
commitments?
No mitigation measures are required. Less than
significant
f. Be served by a landfill with
sufficient permitted capacity
to accommodate the Project’s
solid waste disposal needs?
No mitigation measures are required. Less than
significant
g. Comply with federal, state,
and local statutes and
regulations related to solid
waste?
No mitigation measures are required. Less than
significant
Conclusion:
The project site is vacant, undeveloped land that remains substantially in the same physical condition as it was in 2020 being subject to a continued variety of anthropogenic disturbances.
The Project is required to comply with existing PPPs and MMs per Resolution Number 2020-54 certifying the FERI.
Based on the Interagency Development Review Process and the Planning Department Staff Report for MA22298 and SPD16043EOT1, the extension of time approval would not result in any new significant environmental impacts, substantially increase the severity of previously identified effects, or necessitate implementation of additional or considerably different mitigation measures than those identified in the FEIR. The effects associated with the extension of time (EOT) would be substantially the same as those reported for the approved FEIR, and is within the scope of the analysis contained in the FEIR and the Project does not create n ew significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified in the FEIR, thus no Supplemental or Subsequent Environmental Review is required.
ATTACHMENT NO. 7
Time Extension Request Letter
Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 15.A
APPOINTMENT TO THE PUBLIC WORKS ADVISORY COMMITTEE
RECOMMENDATION
1) That the City Council consider the applicant presentations and ratify Council Member Armando Carmona’s appointment to the Public Works Advisory Committee, which shall expire in December, 2026.
BACKGROUND:
Due to Council Member Lorena Barajas’ unsuccessful re -election, Hugo Bustamante’s term on the Public Works Committee will end. Council Member-Elect Armando Carmona may either re-appoint Mr. Bustamante or he may make a new appointment, which shall expire in December 2026. The nomination shall be ratified by a majority vote of the entire City Council.
BACKGROUND
At the April 21, 2022, City Council meeting, Staff provided a report seeking direction to restructure the City’s Traffic Safety Committee to a Public Works Advisory Committee.
The City Council concurred with Staff’s recommendation and directed Staff to move forward to create the Public Works Advisory Committee.
At their July 21, 2022 meeting, the City Council adopted Ordinance No. 2022 -13 establishing the Public Works Advisory Committee (“Committee”) and its duties and responsibilities.
ANALYSIS
The vacanc y on the Public Works Advisory Committee was published in the Press Enterprise newspaper on January 10, 2023 . T he vacancy was also publicized on the City’s various social media sites.
RETURN TO AGENDA
Page | 2
Pursuant to Ordinance No. 2022-13, members of the Public Works Advisory Committee shall serve at the pleasure of the City Council and a member of the Public Works Advisory Committee may be removed from the Committee by his or her appointing authority for any reason, with or without cause.
The Committee acts as an advisory body to the City Council on matters relating to public works, listed as follows:
● Advise the City Council regar ding Public Works programs, including but not limited to, roads, storm drains, parkways, planted medians, traffic control devices, traffic signal maintenance, and other public infrastructure obligations of the City; and
● Assist staff to develop, review, and recommend a tree planting/maintenance policy; and
● Assist staff in reviewing refuse rates and recycling programs; and
● Recommend and prioritize to the City Council all Public Works capital improvement projects or any other significant project as selected by Staff or the Committee from a list of capital improvement projects for inclusion in an upcoming Capital Improvement Program; and
● Review and recommend clean energy, energy conservation, and environmental sustainability programs reducing green house gas emissions; and
● Receive regular updates of the active Capital Improvement Projects; and
● Provide assistance in developing programs and/or recommendations to the City Council regarding the most efficient and cost effective methods of providing for Public Works needs and requirements of the City.
OTHER INFORMATION
The City received two (2) Letters of Interest, which are attached to this Staff Report.
FINANCIAL IMPACT
Additional costs may be incurred for necessary administrative support.
ALTERNATIVES
Continue advertising for the vacanc ies and/or continue this matter to a subsequent meeting.
Page | 1
120
STAFF REPORT
DATE: FEBRUARY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 15.B
APPOINTMENT OF AN AD HOC COMMITTEE FOR THE PURPOSE OF
REVIEWING THE PROPOS ED 2023 SOLID WASTE RAT ES AND
IMPLEMENTATION OF CITYWIDE ORGANIC WASTE COLLECTION
SERVICES FOR ALL COMMERCIAL, MULTIFAMILY, AND
RESIDENTIAL ACCOUNTS WITHIN CITY LIMITS
RECOMMENDATION
1. That the City Council approve the format ion of an Ad Hoc Committee appointing two members of the City Council to assist staff regarding the City’s 2023 solid w aste rates and implementation of Citywide organic waste collection services.
BACKGROUND
The City entered into franchise agreements with Burrtec Waste Industries, Inc. (“Burrtec”) and USA Waste of California, Inc. (“Waste Management”) for solid waste collection services on December 6, 2012. Under the respective agreements, Burrtec serviced the majority of the City while Waste Management operated a small section in the western portion of the City. On January 25, 2016, the City provided written notice to Waste Management informing them that the Agreement would expire on June 30, 2022.
As of July 1, 2022, Burrtec became the City’s exclusive franchise waste hauler. In addition to providing solid waste collection services, Burrtec also provides street sweep ing services throughout the City. The term of the agreement ends on June 30, 2035. As the City’s waste hauler, Burrtec assists the City with compliance of various state mandates that are instituted for the purposes of achieving landfill diversion. Diversion is the process of redirecting waste away from landfills so they may be recycled or reused. Previous state mandated diversions include Assembly Bill 1826 (“AB 1826”) and Assembly Bill 341 (“AB 341”). AB 1826 required businesses that generate 2 cubic yards or more of organic waste arrange for organic waste recycling services. AB 341 established mandatory commercial
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recycling. Burrtec has provided administrative and field staff support to help the City achieve compliance with both mandates.
On September 19, 2016, Senate Bill 1383 (“SB 1383”), the Short-lived Climate Pollutant Reduction Act, was signed into law. SB 1383 establishes statewide methane e mission targets and is the most significant waste reduction mandate to be adopted in California in the last 30 years. The statewide goal under SB 1383 is to reduce organic waste disposal by 75 percent and increase edible food recovery by 20 percent by the year 2025. The legislation requires businesses, multi -family dwellings, and single -family residential properties have access to recycling programs that collect food waste, green waste, wood waste, and fibers, such as paper and cardboard.
The first step toward compliance was adopting an enforceable organic recycling ordinance before January 1, 2022. The City co mplied with this and the City Council adopted Ordinance No. 2021-27 at its regular meeting on December 2, 2021. Ordinance No. 2021 -27 requires all businesses, multifamily units, and single -family residential households to separate organic waste from other waste streams. The ordinance also requires commercial businesses that generate edible food partner with food recovery organizations to distribute edible food as opposed to sending it to the landfill.
ANALYSIS
While the City has Ordinance 2021 -27 in place, the City now needs an implementation plan to comply with the regulations. SB 1383 involves providing organic waste collection services, satisfying state procurement targets of recovered organic waste such as mulch and compost, maintaining diligent r ecordkeeping, and pra cticing contamination monitoring. Regulations also call for site visits to commercial edible food generators to ensure food is being donated whenever possible. Implementing the organic waste program will take a considerable amount of time and once it is implemented, the program will need to be consistently monitored.
Public Works staff has been discussing different programming options with Burrtec that include assistance with all the required components of SB 1383. Depending on the SB 1383 program selected and the increase of the Consumer Price Index, this may lead to a considerable rate increase.
Due to the complexity of the disposal and programming costs associated with the 2023 solid waste rates and the impact it will have on the rate payer , Public Works Staff is requesting appointment of an ad hoc C ommittee made up of two Councilmembers. The purpose of the ad h oc C ommittee is to assist staff in facilitating negotiations of the proposed solid waste rates, implementation of the organic waste collection program, and subsequent changes to the existing franchise agreement with Burrtec. The role of the ad hoc Committee is advisory in nature and will present their findings to the City Council along with staff recommendations.
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The final proposed rates and programming options will be brought to the City Council for approval. The term of the ad hoc Committee is for a period of 180 days from the date of appointment or upon adoption of the 2023 solid waste rates, whichever comes first.
FINANCIAL IMPACT
There is no financial impact associated with forming the ad hoc Committee.
ALTERNATIVES
1. Elect not to establish the Ad Hoc Committee.
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