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Minutes, regular meeting, first session

Jurupa Valley City Council
April 20, 2023

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Minutes, regular meeting, first session
Meeting
April 20, 2023
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Jurupa Valley City Council
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Text extracted from the city's file for reading and search. Open the original on www.jurupavalley.org. That file is the official record.

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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
April 20, 2023

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

Mayor Barajas called the regular meeting to order at 7:00 p.m.

2. INVOCATION was given by members of the Buddhist Meditation Center.

3. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Guillermo Silva.

4. APPROVAL OF AGENDA
A motion was made by Council Member Armando Carmona, seconded by Mayor Pro Tem Guillermo Silva, to approve the Agenda.

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

Absent: None

5. PRESENTATIONS

6. PUBLIC APPEARANCE/COMMENTS

7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Council Member Leslie Altamirano acknowledged the members of the Shadow Rock community for their attendance this evening.

8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments – Administration & Finance Committee meeting of April 12, 2023.

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2. Mayor Chris Barajas gave an update on the I-REN Executive Committee meeting of April 18, 2023.

B. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission meeting of April 12, 2023.

2. Council Member Brian Berkson gave an update on the Transportation Now Coalition meeting of April 13, 2023.

3. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of April 14, 2023.

4. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Reduction Review Committee meeting of April 20, 2023.

5. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority Board of Directors meeting of April 28, 2023.

9. CITY MANAGER’S UPDATE

City Manager Rod Butler reported that the Mayor’s Prayers Breakfast will be hosted by the Jurupa Valley Chamber of Commerce on Thursday, May 4th at the Indian Hills Country Club. The event is open to the public. He reported that the Riverside County Public Health Director announced a confirmed outbreak of COVID 19 at Patriot High School.

10. APPROVAL OF MINUTES

A. APRIL 6, 2023 REGULAR MEETING
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to approve the Minutes of the April 6, 2023 regular meeting.

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

Absent: None

11. 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

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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. AWARD OF CONTRACT FOR AUDITING SERVICES TO BADAWI &

ASSOCIATES CERTIFIED PUBLIC ACCOUNTANTS

Requested Action: That the City Council authorize the City Manager to enter into an Agreement for auditing services with Badawi & Associates Certified Public Accountants (B&A) for the Fiscal Years Ending June 30, 2023, 2024 and 2025 with an option to extend the agreement for 2026 and 2027.

C. ADOPTION OF THE FIVE-YEAR MEASURE ‘A’ LOCAL STREETS AND

ROADS CAPITAL IMPROVEMENT PROGRAM

Requested Action: That the City Council adopt Resolution No. 2023-24, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ADOPTING THE FIVE -YEAR MEASURE “A”

LOCAL STREETS AND ROADS CAPITAL IMPROVEMENT PROGRAM
FOR FISCAL YEARS 2023/2024 THROUGH 2027/2028

D. FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND VA N DYKE LANDSCAPE ARC HITECTS, INC.

FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES

Requested Action: That the City Council approve the First Amendment to the Agreement between the City of Jurupa Valley and Van Dyke Landscape Architects, Inc. for On-Call Landscape Architectural Services and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

E. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
ARAGON GEOTECHNICAL, INC. FOR ON -CALL GE OTECHNICAL

ENGINEERING SERVICES

AGREEMENT BETWEEN TH E CITY OF JURUPA VAL LEY AND
LEIGHTON CONSULTING, INC. FOR ON -CALL GE OTECHNICAL

ENGINEERING SERVICES

1. Requested Action: That the City Council approve th e Agreement between the City of Jurupa Valley and Aragon Geotechnical, Inc. for On -Call Geotechnical Engineering Services and authorize the City Manager to

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execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

2. That the City Council approve the Agreement between the City of Jurupa Valley and Leighton Consulting, Inc. for On-Call Geotechnical Engineering Services 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.

F. INITIATION OF THE FOLLOWING ACTIONS: (REMOVED FROM THE

CONSENT CALENDAR FOR FURTHER DISCUSSION)

1. A CHANGE TO THE CITY OF JURUPA VALLEY ZONING MAP

AND AN AMENDMENT TO THE GENERAL PLAN LAND USE

MAP FOR PROPERTY LOCATED AT THE NORTHEAST

CORNER OF VAN BUREN BOULEVARD AND JURUPA ROAD
AND WEST OF FELSPAR STREET (JD’S STEAKHOUSE

SHOPPING CENTER)

2. A CHANGE TO THE CITY OF JURUPA VALLEY ZONING MAP

AND AN AMENDMENT TO THE GENERAL PL AN LAND USE

MAP FOR PROPERTY LOCATED AT THE SOUTHWEST

CORNER OF LIMONITE AVENUE AND CLAY STREET AND

EAST OF PEDLEY ROAD (DE ANZA PLAZA)

1. Requested Action: That the City Council initiate a Change of Zone and a General Plan Land Use Map Amendment for property located at the northeast corner of Van Buren Boulevard and Jurupa Road and west of Felspar Street (JD’s Steakhouse Shopping Center); and

2. That the City Council initiate a Change of Zone and a General Plan Land Use Map Amendment for property located at the southwest corner of Limonite Avenue and Clay Street and east of Pedley Road (De Anza Plaza).

G. CITY COUNCIL INITIATION OF A MUNICIPAL CODE AMENDMENT TO TITLES 6 AND 9 TO MODIFY REGULATIONS FOR MOBILE
VENDING; 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, b y motion, initiate proceedings to consider a Municipal Code Amendment to Titles 6 and 9 modifying regulations for mobile vending.

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H. CITY COUNCIL INITIATION OF A MUNICIPAL CODE AMENDMENT TO TITLE 9 TO MODIFY REGULATIONS FOR HOME OCCUPATIONS
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, by motion, initiate proceedings to consider a Municipal Code Amendment to Title 9 modifying regulations for home occupations.

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

14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

15. PUBLIC HEARINGS

A. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE II) TO THE CIT Y OF JURUPA VALLEY L ANDSCAPE AND
LIGHTING MAINTENA NCE DISTRICT NO. 89 -1-CONSOLIDATED
(THE “DISTRICT”) AND THE LEVY AND COLLEC TION OF
ASSESSMENTS WITHIN S UCH TERRITORY; NORTHEAST CORNER

OF PYRITE STREET AND MISSION BOULEVARD

Paul Toor, Director of Public Works/City Engineer, presented the staff report.

Mayor Pro Tem Chris Barajas opened the public hearing.

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

At the request of the mayor, t he City Clerk announced that one owner cast one ballot. All votes cast were in favor of the annual assessment.

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-25, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ORDERING THE ANNEXATION OF TERRITORY (Z ONE II);

LOCATED AT THE NORTH EAST CORNER OF PYRIT E STREET AND

MISSION BOULEVARD IN TERSECTION, TO CITY OF JURUPA

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VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.
89-1-CONSOLIDATED, CONFIRMING A DIAGRAM AND ASSESSMENT,

ORDERING THE IMPROVE MENTS AND THE LEVY AND

COLLECTION OF ASSESSMENTS WITHI N SUCH TERRITORY FOR
FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

AND AS PROVIDED BY A RTICLE XIII D OF THE CALIFORNIA

CONSTITUTION

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

Absent: None

B. PUBLIC HEARING FOR THE 2023-2028 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN, 2023/24 ANNUAL ACTION

PLAN, AND CITIZEN PARTICIPATION PLAN

Amy Sells, Principal Management Analyst, presented the staff report.

Mayor Chris Barajas opened the public hearing.

Further discussion followed.

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

A motion was made by Council Member Brian Berk son, seconded by Mayor Pro Tem Guillermo Silva , to receive and file the 2023 -28 Consolidated Plan, the 2022 -2023 Annual Action Plan and the Citizen Participation Plan and adopt Resolution No. 2023-26, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY, ADOPTING THE CONSOLIDATED PLAN (2023 -2028),
ANNUAL ACTION PLAN (2023 -2024) AND CITIZEN PARTICIPATION PLAN FOR THE CITY’S COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) PROGRAM

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

Absent: None

C. PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING

EXECUTION AND DELIVERY OF A JOINT COMMUNITY FACILITIES

AGREEMENT FOR BOND OPPORTUNITIES FOR LAND

DEVELOPMENT (BOLD) PROGRAM FOR DEVELOPMENT IMPACT
FEES FOR TRACT NOS. 36947 AN D 32721 (204 SINGLE FAMILY RESIDENTIAL UNITS) LOCATED WEST OF 28TH STREET AND

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CANAL STREET; AND MAKING A FINDING OF SIGNIFICANT

BENEFITS FOR THE FINANCING OF CERTAIN IMPROVEMENTS BY

A COMMUNITY FACILITIES DISTRICT TO BE FORMED BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY

Lyn Gruber, representing Koppel & Gruber Public Finance presented the staff report. Ms. Gruber reported that the developers of the Emerald Ridge and Hacienda tracts have asked to be part of the BOLD program in order to finance the City’s traffic circulation fee as well as the Jurupa Area Recreation and Park District park fee. There are 204 homes within the tract. As part of the process, the City is being asked to enter into a joint community facilities agreement with CMFA to enable the CFD to be formed and bonds to be issued.

Further discussion followed.

Council Member Armando Carmona stated that he was not in support of transferring fees that the developer should be paying to future residents.

Following discussion, Council Member Brian Berkson explained how the CFD process allows the cost of the improvements to be distributed over time.

Mayor Chris Barajas indicated that ultimately the builder must recover these costs either through the CFD or in the form of higher home prices.

Joe Perez, Community Development Director confirmed that the two residential projects are not subject to the affordable housing restriction.

Mayor Chris Barajas opened the public hearing.

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. 2023-27, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY

OF A JOINT COMMUNITY FACILITIES AGREEMENT IN

CONNECTION WITH THE BOND OPPORTUNITIES FOR LAND

DEVELOPMENT (BOLD) PROGRAM AND MAKING A FINDING OF

SIGNIFICANT BENEFITS FOR THE FINANCING OF CERTAIN

IMPROVEMENTS BY A COMMUNITY FACILITIES DISTRICT TO BE

FORMED BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY

Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None

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A. PUBLIC HEARING TO CONSIDER CHANGE OF ZONE NO. 23003
(CZ23003) CONSISTING OF 3.86 ACRES LOCATED NEAR THE

NORTH WEST INTERSECTION OF BELLEGRAVE AVENUE AND

VAN BUREN BOULEVA RD AND WEST OF THE BAIN FLOOD
CONTROL CHANNEL (APNS: 156 -370-001, -002, -003, -004, -005, -006, - 008, -009, -010, -011, -014, AND -015) FROM I-P (INDUSTRIAL PARK) TO

B-P (BUSINESS - PARK) AND DETERMINE THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CEQA
GUIDELINES SECTION 15162

Tamara Campbell, Principal Planner, presented the staff report. Ms. Campbell outlined the various zone changes that have taken place since 2017 to ensure consistency with the City’s General Plan. Since that time there have been a few additional inconsistencies that would benefit from a zone change to ensure consistency with the General Plan. She outlined the details of the proposed zone change.

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 introduce Ordinance No. 2023 -05, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,

APPROVING AN AMENDMENT TO THE CITY OF JURUPA VALLEY
OFFICIAL ZONING MAP FOR CHANGE OF ZONE NO. 23003
CONSISTING OF 3.86 ACRES LOCATED NEAR THE NORTH WEST

INTERSECTION OF BELLEGRAVE AVENUE AND VAN BUREN

BOULEVARD AND WEST OF THE BAIN DRAINAGE CHANNEL
(APNS: 156-370-001, -002, -003, -004, -005, -006, -008, -009, -010, -011, -014, AND -015) FROM I-P (INDUSTRIAL PARK) TO B-P (BUSINESS PARK),

AND FINDING NO FURTHER ENVIRONMENTAL REVIEW IS
REQUIRED UNDER CEQA GUIDELINES SECTION 15162

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

Absent: None

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16. COUNCIL BUSINESS

A. CONSIDERATION OF ANNUAL RATE ADJUSTMENT REQUEST FROM BURRTEC WASTE INDUSTRIES, INC.

Paul Toor, Director of Public Works, presented the staff report. Mr. Toor reported that this item pertains to a rate adjustment for the City’s waste hauler according to their franchise agreement. Burrtec Waste Industries, Inc. is allowed to request a cost of living increase according to the Consumer Price Index which will be passed onto the rate payers. Mr. Toor noted that Burrtec is also asking for an additional increase based on a new state regulation known as Senate Bill 1383 which mandates additional regulations for the collection of organic waste.

Further discussion followed.

A motion was made by Council Member Leslie Altamirano , seconded by Council Member Armando Carmona , to 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.

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

Absent: None

B. CITY COUNCIL APPROVAL OF THE JURUPA VALLEY ROADWAY

DEFERRED MAINTENANCE AND INFRASTRUCTURE DEFICIT

IMPROVEMENT PROGRAM AS PART OF THE AMERICAN RESCUE

PLAN ACT EXPENDITURE PLAN

Michael Flad, Assistant City Manager, presented the staff report. Mr. Flad reported that in 2021, President Biden approved the American Rescue Plan (ARPA) which would provide a $28 million appropriation for the City of Jurupa Valley. $20 million of those funds have been dedicated to the Jurupa Valley Roadway Deferred Maintenance and Infrastructure Deficit Improvement Program. Mr. Flad reported that $19 million has been allocated for street projects and $1 million has been reserved for new street lighting along Limonite Avenue and for the Citywide Corridors Plan.

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to approve a $20 million appropriation from the American Rescue Plan Act (ARPA) fund.

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

Absent: None

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C. APPROVAL OF THE SECOND AMENDMENT TO THE CITY
MANAGER’S EMPLOYMENT AGREEMENT

City Attorney Peter Thorson presented the staff report. Mr. Thorson provided an overview of the changes to the City Manager Employment agreement.

Council Member Brian Berkson voiced support of the amendment as Mr. Butler has proven himself through his leadership and his value to the City.

Council Member Armando Carmona stated that although he was in support, the average annual salary in the city is under $50,000. He stated that he looks forward to working with Mr. Butler to respond to issues, being responsive to residents and having more presence in the community.

Mayor Pro Tem Guillermo Silva complimented Mr. Butler on his leadership and for creating such a talented management team.

Mayor Chris Barajas stated that he was pleased to see the changes that Mr. Butler has implemented, noting that he has created an inclusive environment at City Hall.

He thanked Mr. Butler for hiring a top notch staff and for leading one of the fastest growing cities in California.

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva , to approve the “Second Amendment to the City Manager Employment agreement between the City of Jurupa Valley and Rod Bradley Butler.”
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

17. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

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

19. COUNCIL MEMBER REPORTS AND COMMENTS
Mayor Pro Tem Guillermo Silva congratulated Joe Perez, Community Development Director and his staff for being awarded the Economic Planning Excellence Award for The Shops at Jurupa Valley and the Hard -Won Victory Award for the City’s Inclusionary Housing Ordinance.

Council Member Leslie Altamirano conveyed a Happy Birthday to Deputy Hernandez who was present at tonight’s meeting.

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