1.0 DETERMINATION On the basis of the evaluation in Section 3.0 this document, I find that all potentially significant effects have been avoided or mitigated according to the, City of Jurupa Valley, 2017 General Plan Final Environmental Impact Report State Clearinghouse No. 2016021025 (FEIR) certified by Resolution No 2017-14 on September 7, 2017. 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 Agency Joe Perez, Community Development Director January 12, 2023 Printed Name/Title Date
CZ22003-CZ22005-CZ23003
t
2.0 INTRODUCTION 2.1 Document Purpose This document is a Previous Environmental Document (PED) Review Determination prepared in accordance with the California Environmental Quality Act (CEQA), including all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.). This document has been prepared to determine if the zone changes (Project) are within the scope of the analysis contained in City of Jurupa Valley, 2017 General Plan Final Environmental Impact Report State Clearinghouse No. 2016021025 certified by the City Council on September 17, 2017, and to ensure that the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. 2.2 Project Description On September 7, 2017, the City Council adopted the 2017 General Plan as well as limited changes to the Zoning Map and Ordinance. The adoption included amendments to the General Plan Land Use Map that addressed land use issues, including providing additional commercial and residential uses and buffering residential development from industrial uses. By law, a city’s zoning must be consistent with its General Plan. Many of the Land Use Map changes resulted in making the existing zoning on the affected properties inconsistent with the General Plan. This phase of the Implementation Program includes 3 areas identified as Land Use Area 15A (LUA 15A) (CZ22003), additionally CZ22005 and CZ23003 are proposed in an effort to correct additional inconsistencies. Each of these Areas are described on pps. 3 through 5 below.
CZ22003-CZ22005-CZ23003
Land Use Area 15A, CZ22003
LUA 15A – CZ22003 – Florine Avenue and 33rd Street LUA 15A – CZ22003 is an approximately 28-acre undeveloped area near the southeast intersection of Florine Avenue and 33rd Street north of State Route (SR) 60 and includes APNs 177-110-018 and -016. The site is currently zoned M-SC (Manufacturing-Service Commercial) and with the adoption of the 2017 General Plan, the City designated the land use of the site as Medium Density Residential (MDR). All of the land in LUA 15A is currently zoned as Manufacturing Service Commercial (M-SC) which is inconsistent with the 2017 General Plan Medium Density Residential (MDR) designation for the site. The zoning category that best fits the intent and purpose of the Medium Density Land Use Designation is the R-3 (General Residential) zone. General Plan Land Use Existing Zoning Recommended Zoning Medium Density Residential (MDR) M-SC (Manufacturing-Service Commercial) R-3 (General Residential) CZ22005
CZ22003-CZ22005-CZ23003
CZ22005 – LaRue Street and Canal Street CZ22005 is an approximately 3.6 -acre undeveloped parcel near the northwest intersection of La Rue Street and Canal Street, north of State Route (SR) 60 and includes APN 179-021-001. The site is currently zoned R-1 ( One Family Dwellings) with a change to R-3 (General Residential). This Change of Zone is not the result of the General Plan Consistency Program, but rather, recommended in an effort to satisfy requirements by the State of California Housing and Community Development Department to facilitate new housing construction and to achieve the City’s Regional Housing Needs Allocation (RHNA). Changing the zone from R-1 to R-3 will help accomplish the City’s RHNA, facilitate the construction of new housing and lend to continual certification of the City’s newly adopted Housing Element. General Plan Land Use Existing Zoning Recommended Zoning Highest Density Residential (HHDR) R-1 (One Family Dwellings) R-3 (General Residential)
CZ22003-CZ22005-CZ23003
CZ23003
CZ23003 - Bellegrave Avenue and Bain Street CZ23003 is an approximately 3.86 -acre of developed parcels near north of Bellegrave Avenue and west of Van Buren Boulevard and includes APNs . The site is currently zoned I-P ( Industria Park 156-370-001, 002, 003, 004, 005, 006, 008, 009, 010, 011, 014, 015) with a change to B-P (Business Park). This Change of Zone is the result of the General Plan Consistency Program the action is proposed to provide consistency between the General Plan Map and the City’s Zoning Map. Given that Business park zoning is only consistent with General Plan Business Parks, no new discretionary uses could be approved at this location. To promote wider economic opportunities, enhance the financial viability for the existing businesses and to achieve the legal mandate of State law to be consistent with the General Plan. General Plan Land Use Existing Zoning Recommended Zoning Business Park (BP) I-P (Industrial Park) B-P (Business Park)
CZ22003-CZ22005-CZ23003
3.0 ANALYSIS Applicability of the 2020 Certified FEIR If the zone changes are approved, the Project will incorporate the following as required by the adopted Mitigation Monitoring and Reporting Program (MMRP) adopted with the 2017 General Plan 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 implementation of the proposed Project would result in significant impacts; mitigation measures are proposed in accordance with the provisions of CEQA. 3.1 Significant and Unavoidable Impacts The 2017 General Plan FEIR determined that the following impacts were significant and unavoidable for: Agriculture Conversion of Agricultural Land. Development in the City will eventually convert 2,500 acres of land currently used for agriculture to suburban land uses. Loss of Prime Farmland. Development in the City will eventually cover over 612 acres of prime farmland and 2,077 acres of locally important farmland. Cumulative Loss of Agriculture. Buildout of the City to rural and suburban uses will contribute to an overall decline and eventual loss of agricultural activities and resources from western Riverside County. Air Quality Violate Air Quality Standards. Long-term emissions from the operation of developed land uses in the future will exceed SCAQMD regional thresholds for ROC, NOx, CO, PM10, and PM2.5 even with implementation of the goals, policies, and programs of the General Plan and compliance with existing air pollution regulations. Noise Long-term Levels Exceedance of City Noise Standards. Future development in the City will contribute additional traffic which will cause noise levels along several major roadways to exceed City standards. Cumulative Noise Impacts. Noise from traffic increases on local streets will contribute to cumulative noise impacts in the region as development occurs in the future. 3.2 Findings The following sections evaluate the Project against each of the criteria to determine if the impacts of the 2017 General Plan and 2017 General Plan FEIR have new, increased or unidentified significant effects:
CZ22003-CZ22005-CZ23003
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect. Finding: The General Plan only dealt with establishing land use designations, and not the zoning classifications that would be used to implement the General Plan/ therefore, the Project is not making any changes to the General Plan land use designations that were not previously analyzed in the 2017 General Plan FEIR. The changes to the zoning do not create substantial changes, require major revisions, or involve new significant environmental impacts beyond those previously identified. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or Finding: All of the areas LAU 15A – CZ22003, CZ22005, and CZ23003 are existing developed parcels, vacant, or disturbed properties. The Project does not propose any new development to occur on any of the areas. The changes in zoning are to correct inconsistencies, conform with the existing 2017 General Plan and FEIR and to satisfy requirements by the State of California Housing and Community Development Department to facilitate new housing construction and to achieve the City’s Regional Housing Needs Allocation (RHNA) as such will not require major revisions. Therefore, the zone changes will not create new significant environmental effects or a substantial increase in the severity of previously identified significant impacts. (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration. Finding: None of the areas are being used for agriculture and as such the Project will not result in the loss of agricultural land. No development is proposed therefore, the Project will not result in impacts to Air Quality and Noise that are substantially more severe or have significant effects than were analyzed or not previously addressed in the 2017 General Plan FEIR. (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR. Finding: None of the areas are being used for agriculture and as such the Project will not result in the loss that were not previously addressed in the 2017 General Plan FEIR. No development is proposed as part of the Project therefore, the Project will not result in Agricultural, Air Quality, or Noise impacts that are substantially more severe than were analyzed or addressed previously in the 2017 General Plan FEIR.
CZ22003-CZ22005-CZ23003
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. Finding: Certain impacts to the environmental categories analyzed in the 2017 General Plan FEIR, including cultural resources, geological resources, greenhouse gas emissions, and hydrology and water quality were found to be potentially significant, but could be mitigated to a less-than-significant level with implementation of policies contained in the General Plan. There are no mitigation measures or alternatives that were previously found not feasible that would now be feasible through the zone changes on the areas. Future development on any of the areas will be subject to the existing applicable 2017 General Plan policies. Therefore, there are no additional mitigation measures required than those contained in the 2017 General Plan FEIR. (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Finding: Certain impacts to the environmental categories analyzed in the 2017 General Plan FEIR, including cultural resources, geological resources, greenhouse gas emissions, and hydrology and water quality were found to be potentially significant, but could be mitigated to a less-than-significant level with implementation of policies contained in the 2017 General Plan. Future development on any of the areas will be subject to the existing applicable 2017 General Plan policies. Therefore, there are no additional mitigation measures required than are considerably different than those contained in the 2017 General Plan FEIR. 4.0 Conclusion: The Project is required to comply with existing PPPs and MMs per Resolution Number 2017-14 certifying the 2017 General Plan FEIR. Based on the Review Process and the Planning Department Staff Report the zone changes 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 2017 General Plan FEIR. The effects associated with the zone changes would be substantially the same as those reported for the approved 2017 General Plan FEIR, and is within the scope of the analysis contained in the 2017 General Plan FEIR and the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified in the 2017 General Plan FEIR, thus no Supplemental or Subsequent Environmental Review is required.
ATTACHMENT 3 Resolution No. PC-2023-06
RESOLUTION NO. PC-2023-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF JURUPA VALLEY RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVE CHANGE OF ZONE NO. 23003 CONSISTING OF 3.86 ACRES LOCATED NEAR THE NORTH WEST INTERSECTION OF BELLEGRAVE AND VAN BUREN BLVD. AND WEST OF THE BAIN FLOOD CONTROL CHANNEL (APN’S 156-370-001, -002, -003, -004, -005, -006, -008,-009, -010, -011, -014, -015) FROM I-P (INDUSTRIAL PARK) TO B-P BUSINESS PARK), AND MAKE A DETERMINATION THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162 THE PLANNING COMMISSION OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS: Section 1. Project. On September 7, 2017, the City Council adopted the 2017 General Plan as well as limited changes to the Zoning Map and Ordinance. Upon General Plan adoption, the Council acknowledged that a zoning implementation program would be needed to evaluate the appropriate zoning of the Land Use Amendments (LUA’s). On November 15, 2018, the City Council initiated a Zoning Implementation Program and requested that the Planning Commission evaluate appropriate zoning for the LUA areas. Section 2. Change of Zone. (a) The City has initiated Change of Zone No. 23003 (CZ23003) consisting of 3.86 acres located near the north west intersection of Bellgrave and Van Buren Blvd. and west of the Bain Flood Control Channel (APNs 156-370-001, -002, -003, -004, -005, -006, -008,-009, -010, -011, -014, -015) from I-P (Industrial Park) to B-P Business Park). (b) Section 9.285.040.(1) of the Jurupa Valley Municipal Code provides that the Planning Commission shall hold a public hearing on proposed amendments to the City’s Zoning Ordinance that propose to change property from one zone to another. (c) Section 9.285.040.(3) of the Jurupa Valley Municipal Code provides that after closing the public hearing the Planning Commission shall render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which shall contain the reasons for the recommendation and, if the recommendation is to change a zone classification on property, the relationship of the proposed amendment to applicable general and specific plans. A copy of the recommendation shall be mailed to the applicant and proof thereof shall be shown on the original transmitted to the City Council. If the Planning Commission does not reach a decision due to a tie vote, that fact shall be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (d) Section 9.285.040.(4)(a) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation for approval by the Planning Commission, the City Clerk shall
set the matter for public hearing before the City Council at the earliest convenient day, and give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission. Section 3. Procedural Findings. The Planning Commission of the City of Jurupa Valley does hereby find, determine and declare that: (a) The Project 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 February 22, 2023, the Planning Commission of the City of Jurupa Valley held a public hearing on the Project 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. (c) All legal preconditions to the adoption of this Resolution have occurred. Section 4. California Environmental Quality Act Findings. The Planning Commission hereby recommends that the City Council of the City of Jurupa Valley make the following environmental findings and determinations in connection with the approval of the Project: (a) Pursuant California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code § 21000 et seq.) and Section 15162 of the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff has considered the potential environmental impacts of the Project. (b) On September 7, 2017, the Jurupa Valley City Council adopted Resolution No. 2017-14 certifying a Final Environmental Impact Report (FEIR), State Clearinghouse No. 2016021025, for the Jurupa Valley General Plan. City staff reviewed the FEIR for the Jurupa Valley General Plan, including the impacts and mitigation measures identified therein, and prepared a Previous Environmental Document Review Determination in accordance with CEQA for the Project. Based on that review, the City of Jurupa Valley Planning Department has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the FEIR. All potential environmental impacts associated with the Project are adequately addressed by the FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. (c) The City Council has independently reviewed the Previous Environmental Document Review Determination, and based upon the whole record before it, the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project is not subject to further environmental review pursuant to CEQA Guidelines Section 15162 because: 1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the FEIR; and
2) All potential environmental impacts associated with the Project are adequately addressed by the FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. (d) The custodian of records for the FEIR, and all other materials that constitute the record of proceedings upon which the City Council determination is based, is the Community Development Department of the City of Jurupa Valley. Those documents are available for public review in the Community Development Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509. Section 5. Findings for Recommendation of Approval of Change of Zones. The Planning Commission of the City of Jurupa Valley does hereby recommend that the City Council of the City of Jurupa Valley find and determine that Change of Zone No. 23003 should be adopted because Change of Zone No. 23003 is consistent with the City of Jurupa Valley General Plan in that the site is zoned I-P (Industrial Park) and has a land use designation of Business Park. Change of Zone No. 23003 will change the zoning of the site to B-P (Business Park) to provide consistency between the General Plan Map and zoning designation. Section 6. Recommendation of Approval of Change of Zones. Based on the foregoing, the Planning Commission hereby recommends that the City Council approve Change of Zone No. 23003 (CZ23003) consisting of 3.86 acres located near the north west intersection of Bellgrave and Van Buren Blvd. and west of the Bain Flood Control Channel (APNs156-370-001, -002, -003, -004, -005, -006, -008,-009, -010, -011, -014, -015) from I-P (Industrial Park) to B-P Business Park) as shown in the Zoning Map attached a Exhibit “A”. Section 7. Certification. The Community Development Director shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Jurupa Valley on this 22nd day of February, 2023. ______________________________ Laura Shultz Chair of Jurupa Valley Planning Commission ATTEST: _______________________________ Joe Perez Community Development Director/Secretary to the Planning Commission
STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF JURUPA VALLEY ) I, Joe Perez, Community Development Director of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023-06 was duly adopted and passed at a meeting of the Planning Commission of the City of Jurupa Valley on the 22nd day of February, 2023, by the following vote, to wit: AYES: COMMISSION MEMBERS: Chair Shultz, Commissioners Jackson, Pruitt, and Villagomez NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: Chair Pro Tem Newman ABSTAIN: COMMISSION MEMBERS: ___________________________ JOE PEREZ COMMUNITY DEVELOPMENT DIRECTOR 120
S
TAFF REPORT
DATE: APRIL 20, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 16.A
CO
NSIDERATION OF ANNUAL RATE ADJUSTMENT REQUEST
FROM BURRTEC WASTE INDUSTRIES, INC.
RECO
MMENDATION
1) That the City Council approve the annual rate ceiling adjustment of 5.00% for all residential and commercial customers serviced by Burrtec Waste Industries, Inc. per section 17.8 of the Solid Waste Franchise Agreement between the City and Burrtec Waste Industries, Inc.
BACKGROUND
B
urrtec Waste Industries, Inc. (“Burrtec”) is the City’s exclusive franchise waste hauler and is responsible for providing refuse collection, disposal, and recycling services.
Section 17.8.1 of the Franchise Agreement and Sections 17.8.4, 17.8.5, and 17.8.9 of the Third Amendment to the Franchise Agreement with Burrtec describes the rate ceiling adjustment process. Every year, Burrtec may submit a rate ceiling adjustment request to the City for Council consideration. Pursuant to the Third Amendment, as of the franchise year beginning July 1, 2020, the standard annual rate ceiling adjustment is capped at
5.00%. In any case where the rate increase in any one franchise year exceeds the 5.00% cap, the excess portion shall be carried forward and applied to the subsequent franchise year, subject to the 5.00%.
ANAL
YSIS
P
er the Franchise Agreement, Burrtec is required to submit the rate ceiling adjustment request by March 1 of each franchise year and if approved by the City Council, the rate becomes effective July 1. The annual rate ceiling adjustment is based on the percentage increase in the Consumer Price Index (“CPI”) for the previous January to December
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calendar year and the documented weighted changes in refuse and green waste disposal costs.
On February 13, 2023, Burrtec submitted a letter and supporting documentation requesting a rate adjustment for the period commencing July 1, 2023 (Attachment A). The supporting documentation shows the weighted changes in disposal, green waste, and recycling costs. City staff reviewed the proposed rate ceiling increase and concluded that the adjustment was consistent with previous years and as set forth in the approved Franchise Agreement. The calculations provided by Burrtec show that between the CPI rate adjustment of 7.45%, the .16% carryover from franchise year 2022/23, and changes in disposal and recycling costs, the total rate increase for franchise year 2023/24 is 9.26%.
Due to the 5.00% cap on the annual rate adjustment, the remaining 4.26% will be carried forward to the subsequent franchise year.
At the request of City staff, Burrtec’s rate ceiling adjustment request did not include organic waste services associated with Senate Bill 1383 (“SB 1383”), the Short-lived Climate Pollutant Reduction Act. Additional discussions still need to occur in regards to SB 1383 and splitting roles and responsibilities between the City and Burrtec. An ad hoc committee was formed at the February 2, 2023, C ity Council meeting to assist in facilitating these negotiations.
If the proposed rate ceiling adjustments are approved, the maximum standard monthly residential rate of $32.03 will increase to $33.63 and the new rate will take effect July 1, 2023. The maximum standard commercial rate will increase from $50.69 to $53.23. City staff will continue discussions with Burrtec and the ad hoc committee regarding implementation of an SB 1383 program. An SB 1383 program will result in an amendment to the Franchise Agreement and potentially another rate increase to account for organic waste disposal costs and administrative support. Staff anticipates to bring an organic waste program back to the City Council for consideration later this year.
FINANCIAL IMPACT
No significant financial impact. Assuming that the amount of ratepayers remains constant or grows, a modestly higher rate would generate higher gross receipts. Since the Franchise Fee is applied to gross receipts, a slight increase in revenue can be projected.
ALTERNATIVES
1. Provide alternate direction to Staff.
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120
STAFF REPORT
DATE: APRIL 20, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 16.B
CI
TY COUNCIL APPROVAL OF THE JURUPA VALLEY ROADWAY
DEFERRED MAINTENANCE AND INFRASTRUCTURE DEFICIT
IMPROVEMENT PROGRAM AS PART OF THE AMERICAN RESCUE
PLAN ACT EXPENDITURE PLAN
RECO
MMENDATION
That
the City Council receive an overview of the Jurupa Valley Roadway Deferred Maintenance and Infrastructure Deficit Improvement Program and approve a $20 million appropriation from the American Rescue Plan Act (ARPA) fund.
BAC
KGROUND
O
n March 21, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. The $1.9 trillion package is intended to directly combat the COVID-19 pandemic and the resulting economic impacts. ARPA allocates $350 billion towards the State and Local Fiscal Recovery Fund (SLFRF) as fiscal relief for state and local governments.
Th
e Treasury’s Final Rule provided greater flexibility and simplicity for recipients to fight the pandemic and support families and businesses struggling with its impacts and to maintain vital services amid revenue shortfalls . Recipients are required to report on a broad set of eligible uses and associated Expenditure Categories. The seven main Expenditure Categories are listed below.
1. Pu
blic Health
2. Negative Economic Impact
3. Public Health-Negative Economic Impact: Public Sector Capacity
4. Premium Pay
5. Infrastructure
6. Revenue Replacement
7. Administrative
O
n August 18, 2022 the City Council approved the City’s ARPA Expenditure Plan, which
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effectively and efficiently allocates this one- time, block grant style, funding from the Federal Government . The ARPA Expenditure Plan was developed based upon the several value-based principles of the ARPA program below:
• Clearly meet the eligibility of the ARPA Legislation. The attached list of funding eligibility categories, while not overly prescriptive, provides significant direction concerning the intent of the legislation. While a great deal of flexibility has been built into the ARPA process, expenditures are subject to regular reporting and audit.
• Projects that meet the largest unmet needs in the City. The largest unmet need in the City is unfunded deferred infrastructure maintenance. With an estimated unfunded liability in excess of $250 million, the need for road, sidewalk and bridge improvements is the City’s largest area of need.
• Projects that have proven successful in the past, need additional funding to continue and can be expanded with minimal increased administrative costs. • Funding directly to those in need. More specifically, providing funding directly to residents and businesses that were impacted by the pandemic. • One time expenditures that reduce fixed recurring costs. In general, anytime one- time funding can be used in a method that reduces fixed recurring costs, the resulting long term savings is preferred. For exampl e, if ARPA funding can be utilized to purchase equipment that reduces the City’s monthly utility bills, resulting in long term sustainable savings, while simultaneously reducing carbon emissions that is a preferred expenditure.
• Projects that address eminent replacement of critical City infrastructure that is on the verge of obsolescence. In general terms, the ability to utilize grant funding for items that must be replaced and but for an alternative funding source, would directly impact the General Fund in the near term.
• Projects that lack an alternative source of funding or eliminate/reduce the financial impact on the General Fund.
• Projects that utilize an already existing service delivery system. By not “reinventing the wheel” or using grant funds to develop a new program from the ground up, ARPA funds can be used more efficiently.
• Projects that meet the funding timeline criteria. ARPA Funds must be obligated to projects and programs by December 31, 2024 and all funds must be expended by December 31, 2026.
Approved Expenditure Plan
Roadway Deferred Maintenance & Infrastructure Deficit Improvement Program $20 Mil • Street, Curb and Gutter and Sidewalk Improvements
• City Wide ADA Assessment
Broadband Matching Funds $2.5 Mil
City Facility Pathogen Prevention Improvements $2.8 Mil • HVAC Replacement (HEPA+Germicidal)
• Sanitary Touch Free Restrooms
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• Emergency Back-up Power
• Energy Saving upgrades
• Contactless Service Delivery Infrastructure
Housing Crisis Mitigation $1.2 Mil
• Affordable Housing Assistance
• Services for Unhoused Persons
• Crisis Stabilization Units
Direct Resident Assistance $1 Mil
• Jurupa Community Services District-Rate Payback/Assistance Program • Rubidoux Community Services District-Rate Payback/Assistance Program
Local Economic Assistance Program (LEAP)-Assistance to Businesses $0.5 Mil • Revenue Replacement
• Job Retention
• Job Creation
Total $28.0 Mil
In accordance with the guidance provided by the City Council during the ARPA Expenditure Plan adoption, each specific project contained within the ARPA budget will come before the City Council for consideration and approval during subsequent meetings.
ANALYSIS
One of the Council adopted ARPA Expenditure Plan criteria is for projects that meet the largest unmet needs in the City. The largest unmet need in the City is unfunded deferred infrastructure maintenance. With an estimated unfunded liability in excess of $250 million, the need for road, sidewalk and bridge improvements is the City’s largest area of need.
As part of the ARPA program, the City Council approved a $20 million expenditure for the Jurupa Valley Roadway Deferred Maintenance and Infrast ructure Deficit Improvement Program. $19 million is recommended for street projects and $1 million is recommended for new lighting along Limonite and for the Citywide Corridors Plan.
Staff has analyzed the infrastructure needs based on several elements such as the pavement condition index, physical inspection reports, Public Works maintenance staff feedback and traffic volumes. The following is a list of projects that Staff recommends for City Council approval. The list may change if unforeseen conditions arise or new information regarding other street-related projects becomes available.
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Upon City Council approval, Staff will advertise various projects through the requests for bids or request for proposal process to deliver the program and return to City Council at a future date for approval of the Agreements for Construction. The first construction project is scheduled for advertisement this spring with award this summer. Target completion for all project streets is end of 2024.
FINANCIAL IMPACT
None as a result of this action.
$20 million for the Roadway Deferred Maintenance and Infrastructure Deficit Improvement Program projects will be charged to Federal ARPA funds Account 2520 when individual projects return for Council approval.
ALTERNATIVES
1. Discuss and provide alternative direction to City Staff.
2. Continue the matter to receive additional information from Staff and to provide additional time for Council discussion and consideration.
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S
TAFF REPORT
DATE: APRIL 20, 2023
TO
: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
F
ROM: PETER M. THORSON, CITY ATTORNEY
SUBJ
ECT: AGENDA ITEM NO. 16.C
APPROVAL OF THE SECOND AMENDMENT TO THE CITY
MANAGER’S EMPLOYMENT AGREEMENT
RECO
MMENDATION
1) That
the City Council approve the “Second Amendment to the City Manager Employment agreement between the City of Jurupa Valley and Rod Bradley Butler” DI
SCUSSION:
O
n November 7, 2019, the City Council approved the Employment Agreement bet ween the City and Rod Butler to serve as the City Manager for the City of Jurupa Valley . On July 1, 2021, the City Council approved the First Amendment to the Employment Agreement. The original agreement and the First Amendment shall be referred to collectively as the “Employment Agreement.”
D
uring the closed session on March 2, 2023, following the City Manager’s annual performance evaluation on February 16, 2023 and March 2, 2023, the City Council directed the City Attorney to prepare a Second Amendment to the Employment Agreement.
The pr
oposed Second Amendment would make the following changes to the City Manager’s Employment Agreement:
1. Ter
m (Section 2 of the Employment Agreement.) The term of the Employment Agreement is extended from June 30, 2023 to June 30, 2027.
2. S
alary Increases (Section 5.A of the Employment Agreement.). The City Manager’s current base salary is $17,503 per month. He is entitled to
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cost of living increases in the same amount as the City Council may approve for general employees of the City. The proposed Second Amendment would provide for the following increases in the City Manager’s base salary:
1) 5% in June, 2023; 2) 5% in March, 2024; 3) 5% in December, 2024; and 4) 6% in December, 2025.
3. Payout of Accrued Paid Leave (Section 5.B.2 )) of the Employment Agreement). The proposed Second Amendment would increase the amount of time the City Manager may be paid for accrued and unpaid leave time from 80 hours to 120 hours each June.
4. Automobile Allowance (Section 5.B.3) ) of the Employment Agreement). The propos ed Second Amendment would provide that the City Manager s hall receive an automobile allowance each month in the following amounts: 1) $350 beginning in June 2023; 2) $550 beginning in March 2024; and 3) $600 beginning in December 2024 and thereafter.
5. Limitations on Time Period for Termination Without Cause (Section 8 of the Employment Agreement) . The proposed Second Amendment would provide, consistent with Jurupa Valley Municipal Code Section
2.10.100, that : (1) The removal of the City Manager may be only by majority vote of the entire Council then in office at a duly noticed, regular or special meeting; and (2) the City Manager may not be removed from office, other than for cause as defined in Section 9.B of the Employment Agreement, during or within a period of 100 days after or 60 days before any general or special municipal election at which any new member of the City Council is elected.
6. Severance Payment (Section 7.A of the Employment Agreement).
The proposed Second Amendment would provide that t he severance payment to be made to the City Manager in the event he is terminated without cause would be increased from six months of his then salary to eight months of his then salary.
All other terms of the City Manager’s Employment Agreement would remain the same.
FINANCIAL IMPACT
The financial impact to the City from adoption of the proposed First Amendment to the Employment Agreement is: (1) City Manager’s salary would increase by 5% in June, 2023, 5% in March, 2024, 5% in December, 2024, and 6% in December, 2025 ; and (2) City Manager would receive a monthly automobile allowance of $350 beginning in June 2023, $550 beginning in March 2024, and $600 beginning in December 2024 and thereafter. The actual dollar amount of the increases in the City Manager’s salary would be dependent on the cost of living increases during the term of his Employment Agreement.