-1-
MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
July 6, 2023
1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED 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 closed session meeting to order at 6:01 p.m.
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments regarding the closed session items.
B. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION. The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to five matters 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 and the City Council will decide whether to initiate litigation.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED
SESSION
City Attorney Peter Thorson announced that the City Council directed the City Attorney to file a lawsuit against Riverside Mining Limited and Fleet Yards, Inc., seeking a preliminary injunction and a permanent injunction to abate public nuisances on their properties in the north Pyrite area arising from violations of the Jurupa Valley Municipal Code. The vote to initiate this lit igation by the City Council was 5-0. There were no other actions to report.
-2-
4. 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 Chris Barajas called the closed session meeting to order at 7:00 p.m.
5. INVOCATION
6. PLEDGE OF ALLEGIANCE was led by Mayor Chris Barajas.
7. APPROVAL OF AGENDA
A motion was made by Mayor Pro Tem Guillermo Silva , seconded by Council Member Leslie Altamirano, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
The City’s Pet of the Month for July, a five-year old male Terrier named “Jerry” was introduced to the Council. Anyone interested in giving this available pet a home is invited to contact the City’s Animal Control Services Department at https://www.rcdas.org.
9. PUBLIC APPEARANCE/COMMENTS
Bernard Murphy stated that he recently received a citation from Code Enforcement due to an overgrowth of vegetation on his property. He voiced a concern that he was unable to appeal the citation as the City requires that the fine be paid prior to appealing the citation.
He was also unable to pay the citation in cash which is problematic because he does not have a bank account. He requested clarification from City staff.
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Brian Berkson acknowledged the City’s 12th Birthday, stating that it was great to see the City’s positive growth over the past several years.
-3-
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments General Assembly meeting of June 29, 2023.
2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments Executive Committee meeting of June 30, 2023.
B. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Brian Berkson gave an update on the Southern California Association of Governments Transportation C ommittee meeting of July 6, 2023.
12. CITY MANAGER’S UPDATE
Michael Flad, Assistant City Manager reported that City Manager Rod Butler was out of the office on a well-deserved vacation. He had no further updates.
13. APPROVAL OF MINUTES
A. JUNE 15, 2023 REGULAR MEETING
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano , to approve the Minutes of the June 1 5, 2023 regular meeting.
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 W AIVE 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.
-4-
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$9,133,649.72
Requested Action: That the City Council ratify the check registers dated May 24 and June 1, 7, 15 and 22, 2023 as well as the payroll registers dated May 26, 31 and June 9, 2023.
C. NOTICE OF COMPLETION FOR CITYWIDE PAVEMENT
REHABILITATION, LIMONITE AVENUE FROM FELSPAR STREET TO
PEDLEY ROAD, JURUPA ROAD FROM AGATE STREET TO GALENA STREET, RUBIDOUX BOULEVARD FROM 29 TH STREET TO 30 TH STREET, AGATE STREET FROM JURUPA ROAD TO MISSION BOULEVARD, CIP #21101, IN THE CITY OF JURUPA VALLEY
1. Requested Action: That the City Council accept the Citywide Pavement Rehabilitation Project, CIP #21101 and authorize the City Manager t o execute the Notice of Completion; and
2. Authorize the City Clerk to file the Notice of Completion with the Riverside County Recorder; and
3. Authorize staff to release retention 35 days after filing the Notice of Completion.
D. RESOLUTION OF INTENTION TO ESTA BLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022 -001
(APPALOOSA SPRINGS) GENERALLY LOCATED WEST OF CLAY
STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
Requested Action: That the City Council adopt Resolution No. 2023-49, entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022 -001 (APPALOOSA
SPRINGS) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX
WITHIN CITY OF J URUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 2022-001 (APPALOOSA SPRINGS)
E. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS) AND TO AUTHORIZE THE LEVY
OF A SPECIAL TAX WITHIN CITY OF JURUPA VA LLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS); GENERALLY LOCATED WEST OF
-5-
CLAY STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE AVENUE, TRACT NO. 37714
Requested Action: That the City Council adopt Resolution No. 2023-50, entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002
(PUBLIC SAFETY , APPALOOSA SPRINGS) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WI THIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS)
F. APPROVAL OF TRACT MA P NO. 37640 EMERALD RIDGE SOUTH LOCATED WEST OF AVAL ON STREET, AND NORTH OF CA -60
FREEWAY, ACCEPTANCE OF OFFERS OF DEDICATION, APPROVAL
OF SUBDIVISION AGREEMENTS, AND ACCEPTANCE OF
IMPROVEMENT BONDS
1. Requested Action: That the City Council approve Tract Map 37640 and accept the dedication as follows:
a. Accept the real property described as an easement for street and public utility purposes for Lots “A” through “C.”
b. Accept the real property described as an easement for public utility and ingress and egress purposes. The dedication is the northeasterly 5 ft. of lots 139,198,225 and 227.
c. Accept the real property described as a variable width easement for drainage purposes on lot 229.
d. Accept the real property described as an easement for public and storm drain purposes, access and appurtenances. The dedication is for a portion of Canal Street, lot 228 and lots L, N, P and R, shown as Easement “I.”
2. Authorize the Mayor and City Clerk to sign Tract Map 37640.
3. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreements; and
4. Accept the surety bonds for construction of related off -site improvements and survey monumentation.
G. AMENDMENT NO. 5 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY
OF JURUPA VALLEY FOR FY 2023-2024
-6-
Requested Action: That the City Council approve Amendment No. 5 to the Agreement for Professional Services by and between the County of Riverside and the City of Jurupa Valley for Fiscal Year 2023 -2024 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.
H. APPEAL NO. 23001: MINOR CHANGE NO. 1 TO TENTATIVE TRACT MAP NO. 37211 (TTM37211M1), A REQUEST TO MODIFY CONDITION NO. 3.15 REGARDING ELE CTRICAL LINE UNDERGROUNDING
ALONG PACIFIC AVENUE AND DETERMINE THAT NO FURTHER
CEQA REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES
SECTION 15162(a) ; LOCATION: SOUTHEAST CORNER OF CANAL
STREET AND OPAL STREET (APNS: 177 -130-007 & 177 -142-018); (APPLICANT: SEQUANATA PARTNERS, LP) - REMOVED FROM THE
CONSENT CALENDAR FOR FURTHER DISCUSSION
Requested Action: That the City Council adopt Resolution No. 2023-44, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY RESCINDING THE PLANNING COMMISSION’S DECISION
TO DENY MINOR CHANGE NO. 1 TO TENTATIVE TRACT MAP NO.
37211 (TTM37211M1) WHICH REQUESTED THE DELETION OF
CONDITIONS NOS. 1.12 AND 2.15 REGARDING ESTABLISHING A
CFD FOR LANDSCAPING AND WATER QUALITY MANAGEMENT
FEATURES, AND CONDITION N O. 3.15 REGARDING THE
UNDERGROUNDING OF UTILITY LINES ALONG PACIFIC AVENUE,
AND DETERMINING THAT NO FURTHER CEQA REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162(A)
I. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 1 TO TWO PROFESSIONAL SERVICES AGREEMENTS WITH RSG, INC. FOR
THE RIO VISTA SPECIFIC PLAN AND FOR THE DISTRICT AT
JURUPA VALLEY PROJECT
Requested Action: That the City Council authorize the City Manager to execute the First Amendment to two Agreements with RSG, Inc. for professional services for the (1) Rio Vista Specific Plan; and (2) The District at Jurupa Valley project entitled:
1. FIRST AMENDMENT TO “AGREEMENT FOR CONSULTANT
SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND
RSG, INC., FOR PROFESSIONAL SERVICES FOR THE RIO
VISTA SPECIFIC PLAN”; and
-7-
2. FIRST AMENDMENT TO “AGREEMENT FOR CONSULTANT
SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND
RSG, INC., FOR PROFESSIONAL SERVICES FOR THE
DISTRICT AT JURUPA VALLEY”
J. INITIATION OF AN AMENDMENT TO THE GENERAL PLAN LAND
USE MAP AND ZONING MAP AND FOR PROPERTY LOCATED AT
3883 WALLACE STREET
Requested Action: That the City Council initiate an amendment to the General Plan Land Use and Zoning Maps for a property located at 3883 Wallace Street.
A motion was made by Mayor Pro Tem Guillermo Silv a, seconded by Council Member Leslie Altamirano, to approve the Consent Calendar, with the exception of Item 14.H, which was removed from the Consent Calendar for further discussion.
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
14.H APPEAL NO. 23001: MINOR CHANGE NO. 1 TO TENTATIVE TRACT MAP NO. 37211 (TTM37211M1), A REQUEST TO MODIFY CONDITION NO. 3.15 REGARDING ELECTRICAL LINE UNDERGROUNDING
ALONG PACIFIC AVENUE AND DETERMINE THAT NO FURTHER
CEQA REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES
SECTION 15162(a) ; LOCATION: SOUTHEAST CORNER OF CANAL
STREET AND OPAL STREET (APNS: 177 -130-007 & 177 -142-018); (APPLICANT: SEQUANATA PARTNERS, LP ) - REMOVED FROM THE
CONSENT CALENDAR FOR FURTHER DISCUSSION
Council Member Armando Carmona requested that Item 14.H be removed from the Consent Calendar to reflect his “No” vote.
A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Guillermo Silva to adopt Resolution No. 2023-44, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY RESCINDING THE PLANNING COMMISSION’S DECISION
TO DENY MINOR CHANGE NO. 1 TO TENTATIVE TRACT MAP NO.
37211 (TTM37211M1) WHICH REQUE STED THE DELETION OF
CONDITIONS NOS. 1.12 AND 2.15 REGARDING ESTABLISHING A
CFD FOR LANDSCAPING AND WATER QUALITY MANAGEMENT
-8-
FEATURES, AND CONDITION NO. 3.15 REGARDING THE
UNDERGROUNDING OF UTILITY LINES ALONG PACIFIC AVENUE,
AND DETERMINING THAT NO FURTHE R CEQA REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162(A)
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona
Absent: None
16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING THE FISCAL YEAR 2023-2024 THROUGH FISCAL YEAR 2027-2028 CAPITAL
IMPROVEMENT PROGRAM FOR THE CITY OF JURUPA VALLEY
Paul Toor, Public Works Director, presented the staff report. Mr. Toor reported that this particular program is the most aggressive Capital Improvement Program ever brought forward in the history of the City. It represents over 45 projects at a cost of over $175 million.
Octavio Duran, Assistant City Engineer, ga ve a presentation on the five -year Capital Improvement Program. He identified t he major projects and funding sources, which include Measure A, Gas Tax, ARPA, and grants. Mr. Duran gave an overview of the recently completed projects.
Further discussion followed.
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. 2023-51, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THE CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEAR 2023-2024 THROUGH 2027-2028
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
B. PUBLIC HEARING TO ADOPT A RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INSTALLATION AGREEMENT
WITH CLIMATEC, INC., TO DEVELOP AN ENERGY CONSERVATION
AND INFRASTRUCTURE MODERNIZATION PROGRAM PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 4217.10 TO 4217.18
-9-
AND DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES
SECTION 15301 AND PUBLIC RESOURCES CODE SECTION 21080.35 Michael Flad, Assistant City Manager, presented the staff report.
Kevin Ryan gave a presentation on the Energy Conservation and Infrastructure Modernization Program. He reported that this project will make significant improvements to City Hall, the Jurupa Valley Operations Center, the Eddie Dee Smith Senior Center and the Pat Merritt Dog Park. He reported that Climatec, LLC was selected as the most qualified bidder for the project, which is expected to cost approximately $2.7 million. The funding sources are the American Rescue Plan Act and an Energy Efficiency Conservation Block Grant from the U.S. Department of Energy. No general fund monies will be spent on the project.
Amber Fritsch, representing Climatec, LLC, provided the Climatec Scope of Work and the various site assessment results.
Further discussion followed.
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. 2023-52, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, MAKING FINDINGS REQUIRED BY CALIFORNIA
GOVERNMENT CODE SECTION 4217.12, APPROVING THE
IMPLEMENTATION OF THE ENERGY CONSERVATION AND
INFRASTRUCTURE MODERNIZATION PROGRAM, THE
IMPLEMENTATION AGREEMENT W ITH CLIMATEC LLC, AND
FINDING THAT THESE ACTIONS ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21080.35 AND SECTION 15301
OF THE CEQA GUIDELINES
Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona
Absent: None
C. PUBLIC HEARING TO CONSIDER A RESOLUTION CONFIRMING THE
DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS ON ALL
LOTS AND PARCELS OF LAND THEREIN FOR JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1
-10-
CONSOLIDATED (JV L&LMD NO. 89 -1-C) - CITYWIDE AND
APPROVAL OF ENGINEER’S REPORT
Staff Report presented by Paul Toor, Director of Public Works. Mr. Toor requested that this item be continued to the July 20, 2023 meeting.
Mayor Chris Barajas opened the public hearing.
By consensus, the City Council continued the public hearing to t he next regularly scheduled City Council meeting on July 20, 2023.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
D. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT NO. 22004 (ZCA22004) ADDING CHAPTER 4.15 AND AMENDMENTS TO
TITLE 9 (“PLANNING AND ZONING”) OF THE JURUPA VALLEY
MUNICIPAL CODE TO PROHIBIT SHORT-TERM RENTALS AND FIND
THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT
TO THE COMMON SENSE EXEMPTION, CEQA GUIDELINES
SECTION 15061(b)(3)
Roberto Gonzalez, Senior Planner, presented the staff report.
Jose Ibarra, Building Code Supervisor, provided additional information and responded to Council’s questions.
Mayor Chris Barajas opened the public hearing.
Maribel Nunez, Executive Director at Inland Equity Community Land Trust voiced support of a ban on short-term rentals as it depletes housing that might otherwise be used as permanent homes, ultimately driving up the cost of housing.
Joe Perez, Community Development Director clarified that the proposed code amendment will protect the City’s ability to enforce the current prohibition and to address recent court cases.
Further discussion followed.
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 1) direct staff to look into a regulatory framework for short-term rentals and the cost of enforcement; and 2) conduct a first reading and introduce Ordinance No. 2023-10, entitled: