Agenda — Jurupa Valley City Council, August 3, 2023

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, August 3, 2023
Study Session: 6:00 p.m.

Regular Meeting: 7:00 p.m.

City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509

1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR STUDY SESSION ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member

2. STUDY SESSION
A. STUDY SESSION: MASTER APPLICATION (MA) NO. 23192: PR E- APPLICATION REVIEW (PAR) FOR 65 DETACHED CONDOMINIUMS
ON 6.9 ACRES LOCATED AT 7586 JURUPA ROAD (APN: 183 -030-014); (APPLICANT: WARMINGTON RESIDENTIAL)

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 speak 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. 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.

D. 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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1. Requested Action: That the City Council receive an introduction of the proposed project;

2. Identify areas of concern that require additional study and additional information from Staff; and

3. Take no action on the proposed project.

3. 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

4. INVOCATION

5. PLEDGE OF ALLEGIANCE

6. APPROVAL OF AGENDA

7. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”

8. PUBLIC APPEARANCE/COMMENTS

9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

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 ad dress for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 5495 4.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.

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A. MAYOR CHRIS BARAJAS

1. UPDATE ON THE INTERAGENCY COORDINATING COUNCIL
MEETING OF JULY 28, 2023
B. COUNCIL MEMBER BRIAN BERKSON

1. UPDATE ON THE RIVERSIDE COUNTY TRA NSPORTATION
COMMITTEE – WESTERN RIVERSIDE COUN TY PROGRAMS
AND PROJECTS COMMITTEE MEETING OF JULY 24, 2023

2. UPDATE ON THE METROL INK / SOUTHERN CALIF ORNIA

REGIONAL RAIL AUTHOR ITY BOARD OF DIRECTO RS
MEETING OF JULY 28, 2023

11. CITY MANAGER’S UPDATE

12. APPROVAL OF MINUTES

A. JULY 27, 2023 REGULAR MEETING – WILL BE MOVED TO THE AUGUST 17, 2023 MEETING

13. 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
$5,845,503.78

Requested Action: That the City Council ratify the check registers dated Jun e 28 and July 6, 12, and 21, 2023 as well as the payroll registers dated June 23, 30 and July 8, 2023.

C. ORDINANCE NO. 2023-11

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-11, entitled:

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 21008 TO REZONE APPROXIMATELY 4.13 ACRES LOCATED AT THE EAST

SIDE OF CLAY STREET BETWEEN HAVEN VIEW DRIVE AND
LINARES AVENUE (APNS: 163 -400-029; 026 & 028) FROM I -P (INDUSTRIAL PARK) TO R -3 (GENERAL RESIDENTIAL) TO ALLOW FOR THE CONSTRUCTION OF 66 TOWNHOMES

D. ORDINANCE NO. 2023-12

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-12, entitled:

AN ORDINANCE OF THE CITY COUN CIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, ADOPTING (1) CZ23008 TO CHANGE THE

ZONING FROM RESIDENTIAL AGRICULTURE (R -A) TO GENERAL
RESIDENTIAL (R-3) FOR A PORTION OF APN 165-080-005, CZ23009 TO

CHANGE THE ZONING FROM SCENIC HIGHWAY COMMERCIAL (C-
P-S) TO R-3 FOR PORTIONS OF APNS 165-140-004, 165-140-029, 165-140- 030 AND 165-140-007, AND CZ23010 TO CHANGE THE ZONING FROM C-1/C-P (GENERAL COMMERCIAL) TO R -3 FOR A PORTION OF APN 165-140-008 FOR SIX PARCELS TOTALING 15.8 ACRES LOCATED

IMMEDIATELY EAST OF VAN BUREN BOULEVARD AND WEST OF
PEDLEY ROAD AT 58TH STREET; AND (2) CZ23011 TO CHANGE TO

CHANGE THE ZONING FROM MANUFACTURING -SERVICE
COMMERCIAL (M-SC) TO R -3 FOR A PORTION OF APN 163 -400-042 TOTALING 3.63 ACRES LOCATED IMMEDIATELY EAST OF

BALDWIN AVENUE AND S OUTH OF LIMONITE AVENUE IN THE DE

ANZA MARKETPLACE
E. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND KOA

CORPORATION FOR ON -CALL CONSTRUCTION MANAGEMENT

SERVICES
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and KOA Corporation, Inc. for On -Call Construction Management 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. APPROVAL OF COOP ERATIVE AGREEMENT BETW EEN THE CITY

OF JURUPA VALLEY, HI GHPOINTE EMERALD RID GE, LLC, AND

THE RIVERSIDE COUNTY FLOOD CONTROL AND W ATER

CONSERVATION DISTRIC T FOR CONSTRUCTION A ND
MAINTENANCE OF BELLT OWN 30 TH STREET STORM DRAINS
STAGE 2 GENERALLY LO CATED ALONG AVALON S TREET, CANAL
STREET, CANAL STREET EXTENSION, AND 30TH STREET

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Requested Action: That the City Council approve the cooperative agreement with the Riverside County Flood Control and Water Conservation District (District) and Century Communities of California LLC, (Developer) and authorize the Mayor to sign the agreement.

G. REJECTION OF BID FOR THE PUBLIC WORKS SERVICE TRUCK

Requested Action: That the City Council reject the bid received in response to the Public Works Service Truck Request for Quotes.

14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

15. PUBLIC HEARINGS

A. PUBLIC HEARING TO CONSIDER ZCA22010: AMEND REGULATIONS PERTAINING TO (1) AC CESSORY BUILDINGS, T RADITIONAL
NEIGHBORHOOD DESIGN STANDARDS, AND FENCE S, (2)
ESTABLISH SETBACKS IN THE R-2A, R-5, R-A, R-R, R-T, R-D, A-1, A-P, A-2, A-D, W-1, W-2 ZONES, (3) MAKE DEFINITIONAL CHANGE AND (4)

DETERMINE THE PROPOSED ORDINANCE IS EXEMPT FROM CEQA
PURSUANT TO CEQA GUI DELINES SECTION 15061 ( b)(3)
(CONTINUED FROM THE JULY 27, 2023 MEETING)

Requested Action: That the City Council conduct a public hearing, receive public testimony, and introduce, and conduct the first reading of Ordinance No. 2023-13, entitled:

AN ORDINANCE O F THE CITY OF JURUPA VALLEY, CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA VALLEY MUNICIPAL CODE TO (1) AMEND REGULATIONS PERTAINING TO DETACHED

ACCESSORY BUILDINGS, TRADITIONAL NEIGHBORHOOD DESIGN
STANDARDS, AND FENCES, (2) ESTABLISH SETBACKS IN THE R -2A, R-5, R-A, R-R, R-T, R-D, A-1, A-P, A-2, A-D, W-1, W-2 ZONES, (3) MAKE

DEFINITIONAL CHANGES PERTAINING TO ACCESSORY
BUILDINGS, KITCHENS AND LOTS, AND (4) MAKE A FINDING OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT

16. COUNCIL BUSINESS

17. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

18. CITY ATTORNEY’S REPORT

19. COUNCIL MEMBER REPORTS AND COMMENTS

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20. ADJOURNMENT
Adjourn to the Regular Meeting of August 17, 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 tha n 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.

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STAFF REPORT
DATE: AUGUST 3, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 2.A
STUDY SESSION: MASTER APPLICATION (MA) NO. 23192: PRE - APPLICATION REVIEW (PAR) FOR 65 DETACHED CONDOMINIUMS
ON 6.9 ACRES LOCATED AT 7586 JURUPA ROAD (APN: 183 -030- 014); (APPLICANT: WARMINGTON RESIDENTIAL)

RECOMMENDATION

1. That the City Council receive an introduction of the proposed project;

2. Identify areas of concern that require additional study and additional information from Staff; and

3. Take no action on the proposed project.

STUDY SESSION PROCESS
This agenda item was requested by the Applicant as an opportunity for the applicant to introduce the proposed project to the City Council and to receive comments about areas of concern that require additional study and additional information from Staff. Th e City Council will not take any action on the proposed project. Each City Councilmember will have an opportunity to communicate to the applicant any issues that should be studied and addressed prior to the item being reviewed by the Planning Commission an d City Council at a future public hearing.

BACKGROUND
In December 2022, the City Council adopted Ordinance No. 2022 -21 approving Master Application (MA) No. 21143 for General Plan Amendment (GPA) No. 21003, Change of Zone (CZ) No. 21004, Tentative Tract M ap (TTM) No. 38151, and Site Development Permit (SDP) No. 22089 to permit the construction of a residential community consisting of 35 single -family detached homes, and open space on 6.9 acres (5.1 du/acre) (“the Madone Collection”) at 7586 Jurupa Road (APN: 183-030-014).

RETURN TO AGENDA

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The approved site plan consists of 35 one- (1) and two- (2) story single-family residential homes ranging in size from 1,215 to 1,800 square feet on lots with an average size of 5,420 square feet. “The Madone Collection” would also include the following amenities and site improvements: 1) open play areas, walking trails, exercise stations, a tot lot, gazebo, barbeque area, and picnic benches and seating; 2) private street improvements; 3) individual lot and streetscape landscaping; 4) a sto rmwater retention basin; and 5) decorative walls and fencing for screening and privacy. See Exhibit A for the approved site plan.

In June 2023, the applicant submitted a Pre-Application Review (PAR) to explore revising the original approval to a new development consisting of 65 detached condominiums on

6.9 acres (9.4 du/acre).

EXHIBIT A – APPROVED SITE PLAN FOR “THE MADONE COLLECTION”

PROJECT DESCRIPTION
The applicant proposes to construct a residential community consisting of 65 detached condominiums on 6.9 acres (9.4 du/acre) at 7586 Jurupa Road (APN: 183-030-014).

The proposed community would consist of 65 detached condominiums on minimum 2,975 square-foot lots. The unit mix would consist of 43 three - (3) bedroom/2.5 bathroom, and 22 four- (4) bedroom/2.5 bathroom units. The units would range in size from 2,123 square feet to 2,608 square feet, and would all be two (2) stories in height.

The proposed community would likely provide for the same public street improvements as currently approved under “the Madone Collection ,” however, the full scope of said improvements would be determined at the time of the project’s formal review. Unlike the currently approved site plan, the proposed community would not provide for any substantial amount of open space nor amenities. See Exhibit B for the proposed conceptual site plan.

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EXHIBIT B – PROPOSED CONCEPTUAL SITE PLAN

The proposed project would require the following entitlements:

1. Tentative Tract Map: Subdivide existing 6.9-acre project site into new lots to for the proposed 65 detached condominiums , streets, alleys, guest parking , and retention basin.

Based on the allowed maximum density of 8 du/acre under the existing land use designation of Medium High Density Residential (MHDR), a maximum of 56 units (“base density”) would be permitted. This maximum density was rounded up from 55.2 units because the State Density Bonus law requires fractional units to be rounded up to the next whole number. As the proposed density for the community is 9.4 du/acre (total of 65 units with density bonus units), the project would typically require a General Plan Amendment (GPA) to cha nge the General Plan designation from Medium High Density Residential (MHDR) – up to eight (8) du/acre to High Density Residential (HDR) – up to 14 du/acre. If the project qualifies for a density bonus pursuant to the State of California’s Density Bonus law (California Government Code 65915 – 65918), a GPA would not be required. The Density Bonus is a State mandate meaning that a project which meets the requirements of the State law is entitled to receive the additional density. Further discussion on the Density Bonus is included in the Core Issues section of this staff report.

PROJECT LOCATION AND SURROUNDING AREA
The project site is located at 7586 Jurupa Road in the central area of the City. The general neighborhood consists of residential uses ranging in density from 0.8 to six (6) dwelling units per acre, recreational uses, and institutional uses. The immediate surrounding land uses include single-family homes to the west and north, Centennial Park to the east, and Camino Real Elementary School to the south. See Exhibit C for site location.

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EXHIBIT C: SITE LOCATION

TABLE 1: GENERAL PROJECT INFORMATION
ASSESSOR’S PARCEL NUMBER 183-030-014
TOTAL ACREAGE OF PROJECT SITE 6.9 acres
GENERAL PLAN DESIGNATION Medium High Density Residential (MHDR) – Up to 8 du/acre
GENERAL PLAN OVERLAY Equestrian Lifestyle Protection Overlay (ELO)
ZONING CLASSIFICATION Planned Residential (R-4)

PROJECT DESIGN AND SITE LAYOUT
Architecture, Amenities, and Landscaping
The proposed community would incorporate a mix of Santa Barbara , Monterey, and Cottage architecture with all 65 units being two (2) stories. No unit would exceed 28 feet in height. See Exhibit D for proposed architectural elevations.

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EXHIBIT D: PROPOSED ARCHITECTURAL ELEVATIONS

The proposed community would not include any amenities except for a visitor parking area with 17 spaces, unlike “the Madone Collection” which includes approved: 1) open play areas; 2) walking trails; 3) exercise stations; 4) a tot lot; 5) gazebo; 6) barbeque area; 7) picnic benches and seating; and 8 ) streetscape landscaping . The perimeter of the community would be improved with a deco rative 6-foot tall block wall, and backyards would be internally screened with vinyl fence. Each unit would include a two (2) car garage with no driveway parking being permitted.

Access, Off-Site Improvements, and Maintenance
The project site would primarily be accessed off Camino Real. Similar to “the Madone Collection”, residents would likely have full right -of-way (ROW) access (left in/out, right in/out) onto Camino Real . Kirby Drive off Jurupa Road would continue to be improved with paving, and remain as the emergency vehicle access point. No gated entries are proposed.

The internal circulation would consist of a single looped main street which most residents would use to directly access their garages. 12 units located on th e east side of the community would be accessed via alleys that would connect to/from the main circulating street. The main circulating street would have a ROW width of 36 feet, with 26 feet of roadway, and 5-foot wide sidewalks on both sides. No street trees are proposed, and on- street parking would likely be prohibited due to the narrow roadway.

The full scope of the off -site improvements would be determined at the time of the project’s formal review. The off -site improvements approved with the “The Madone Collection” include: 1) paving of Kirby Drive to a 24-foot wide roadway; 2) an 18-foot wide parkway along Camino Real with curb adjacent street trees, and sidewalk; and 3) improvements to the intersection of Camino Real and the primary access street to the project site. This project does not propose changes to the existing equestrian trail along Jurupa Road.

For this project, the internal main street, alleys, sidewalks, curbs, gutters, visitor parking area, walls, and landscaping would be maintained by a homeowner’s association (HOA).

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The stormwater retention basin, and any off-site improvements to Jurupa Road, Camino Real, and Kirby Drive would be publicly owned and maintained. Individual homeowners would be responsible for the maintenance of their lots and homes. Residents would own the interior of their individual detached condominium, along with airspace above.

CORE ISSUES

1. Density Bonus Law: Density Bonus Units and Affordability. The Medium High Density Residential (MHDR) land use designation allows a maximum of eight (8) du/per acre which is a total of 55 units . The applicant is proposing 9.4 du/acre, exceeding the maximum allowed density by 10 units through the State of California’s Density B onus law (California Government Cod e Sections 65915 – 65918). The Density Bonus is a State mandate meaning that a project which meets the requirements of the State law is entitled to re ceive the Density B onus, and other benefits including lower parking requirements, and/or a waiver or concession/incentive to modify development standards.

The Density Bonus is achieved through the direct provision of affordable housing.

The amount of Density Bonus is set on a sliding scale, based upon the percentage of affordable units at each income level. Depending on the percentage of affordable units provided, the project can exceed the maximum density from a minimum 20 percent, up to 80 percent for fully affordable housing projects.

As proposed, the applicant would be required to dedicate either: 1) minimum (5) percent or three (3) units as very low-income units; 2) minimum ten (10) percent or six (6) units as low income units; or 3) minimum 23 pe rcent or 1 3 units as moderate income units to a allow for a density 9.4 du/acre. See Table 2 for affordability matrix.

TABLE 2: AFFORDABLE UNIT MATRIX
AFFORDABILITY LEVEL *MONTHLY PAYMENT
Very Low Income Unit (may not exceed 30% of 50% of
AMI)
$968.75
Low Income Unit (may not exceed 30% of 70% of AMI) $1,356.25 Moderate Income Unit (may not exceed 35% of 75% of
AMI)
$2,486.46
* Monthly payment calculation assumes average medium income (AMI) for a household size of four (4) persons ($77,500), and includes mortgage loan payments, mortgage insurance payments, property taxes and assessments, homeowner’s association fees, reasonable utility allowances, insurance premiums, maintenance costs, and space rent.

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The proposed project would also be subject to the City’s Inclusionary Housing requirements. Seven (7) percent of the base density (55 units) would be required to be rented or sold at an affordable housing cost per the Inclusionary Housing requirements. The density bonus units, if qualified, are not s ubject to the requirements.

2. Density Bonus Law: Incentive/Concession, Waiver and Special Parking Requirements.

Under the State of California’s Density Bonus law (California Government Code Sections 65915 – 65918), developments qualifying for a Density Bon us may request to receive three (3) additional forms of assistance from Cities including:
1) Incentive/concession: An incentive or concession allows a modification to development standards (example: setback requirement, height restriction, open space requirement, parking) , code requirements, or architectural design requirement that make the project economically infeasible for the developer to build. The applicant may apply for one or more incentive/concession depending upon the number of proposed affordable units in the project. A maximum of four may be granted. 2) Waiver: A waiver is for a reduction or modification of a development standard (example: setback requirement, height restriction, o pen space requirement, parking) that could make the construction of a project physically infeasible. The applicant must provide written justification with the waiver request. There is no limit in the total number of waivers that an applicant can request and receive approval.
3) Parking requirements : The parking requirements for the project may be reduced for Density Bonus projects.

For the proposed project, the applicant is requesting a waiver from several development standards including: 1) minimum development area for the Planned Residential (R-4) Zone of nine (9) acres; 2) minimum overall area for each dwelling unit of 6,000 square feet; 3) minimum lot area of 3,500 square feet; 4) minimum lot width of 40 feet; 5) minimum front yard setback of 20 feet; 6) minimum recreation area; and 7) minimum open space requirement of 40 percent of the project site.

The applicant is also requesting to use the maximum parking requirements set forth in the State Density Bonus Law of 1.5 parking spaces per two - (2) to three- (3) bedroom units, and 2.5 parking spaces per four - (4) or more bedroom units.

Under the reduced parking requirements, the proposed project would be required to provide for a minimum 120 sp aces, as oppose to the minimum requirement of 163 per the City’s zoning code . The project is exceeding the required minimum under Density Bonus in that the community would have a total of 147 spaces.

The attorney for the applicant, Linda Klein of Cox, Castle & Nicolson, submitted a letter to the City dated June 30, 2023 contending that the “Project qualifies for a density bonus, incentives and concessions, waivers, and certain parking ratios based on its proposal to include a certain number of affordable un its on the site (i.e., 3 of 56 “base” units).”

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Reviewed by:

Peter M. Thorson
City Attorney

ATTACHMENTS:

1. Project Description and State Density Bonus Law Request Letter

2. Project Plans; and

3. Permission to publish plans.

ATTACHMENT NO. 1:

PROJECT DESCRIPTION &

STATE DENSITY BONUS LAW REQUEST LETTER

3090 Pullman Street, Costa Mesa, California 92626 t: 714.557.5511 f: 714.641.9337 HomesByWarmington.com

Jurupa Valley – Camino Real and Jurupa Rd
Project Description

Warmington Residential is proposing a 65-unit single family detached project located on a 6.92-acre site.

The project features two story homes with three floor plans. There are 20 plan 1 units, 22 plan 2 units, and 23 plan 3 units that range from 1,702 square feet to 2,119 sf. Bed and bath counts range from three to four bed units and all have two and a half bathrooms. Architecture is anticipated to reflect Santa Barbara, Monterey, and Cottage themes as shown on the elevations provided. The project will include 65 side by side garage (total 130 spaces), 130 driveway spaces, and 17 open parking spaces for a total of 277 parking spaces. The site will be accessed from Camino Real Avenue. This will be the only point of access for the residents. A secondary EVA will be located on Kirby Dr. Water and Dry Utilities will connect on Camino Real. Sewer connection will be at Kirby Dr.

www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
50 California Street, Suite 3200
San Francisco, California 94111-4710
P: 415.262.5100 F: 415.262.5199
Linda C. Klein
415.262.5130
[email protected]

File No. 104821
June 30, 2023

VIA E-MAIL
Joe Perez
Community Development Director
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Re: State Density Bonus Law Request Letter for 7586 Jurupa Road Project Dear Mr. Perez:

On behalf of our client, Warmington Residential (“Warmington”), we are submitting this State Density Bonus Law (“SDBL”) request for Warmington’s proposed housing development project consisting of 65 single-family residential units (the “Project”) at 7586 Jurupa Road (the “Property”) in the City of Jurupa Valley (the “City”). As set forth below, the Project qualifies for a density bonus, incentives and concessions, waivers, and certain parking ratios based on its proposal to include a certain number of affordable units on the site (i.e., 3 of 56 “base” units).

This letter is organized in three parts. Part 1 describes the Project’s qualification to request the benefits provided under the SDBL, including a density bonus in the first instance.1 Part 2 provides a legal summary of provisions in the SDBL regarding incentives, concessions, and waivers. Part 3 identifies Warmington’s specific requests under the SDBL for the Project.

1. Project Qualification Under the SDBL
The SDBL applies to single-family projects2 that provide on-site affordable housing and provides for, among other things: increased residential density over the maximum density that otherwise would be allowed under local law; incentives, concessions, and waivers (see Part 2, below); and certain specified maximum vehicular parking ratios (see Part 3.d, below). The various benefits of the SDBL (i.e., incentives, concessions, waivers, and parking ratios) are available even if an increase in residential density is not requested. (Gov. Code, § 65915(f).)

1 The City does not appear to have a local density bonus ordinance. The absence of such an ordinance, however, does not relieve the City from complying with the SDBL. (Gov. Code, § 65915(a)(1).) 2 The SDBL applies to any “housing development,” which is defined as “a development project for five or more residential units, including mixed-use developments.” (Gov. Code, § 65915(i).)

Joe Perez
June 30, 2023

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Here, the Property is a 6.92-acre vacant, undeveloped parcel. Warmington proposes to develop 65 single-family residential units, together with associated parking and infrastructure improvements. Three of the single-family homes would be offered for sale at levels affordable to very low income households.

The Property has a General Plan land use designation of Medium High Density Residential (“MHDR”), which allows for single-family residences with a density range of five to eight dwelling units per acre. (General Plan, p. 2-17.) Applied to the Property, this would result in a “base density”3 of up to 56 residential units for the Project (i.e., 6.92 x 8 = 55.36, rounded up4 to 56 units). The Project’s provision of three of these 56 “base” units at levels affordable to very low income households represents five percent of the total “base” (i.e., 3 / 56 = 5.4 percent), and entitles the Project to a density bonus of 20 percent. (Gov. Code, § 65915(f)(2).) Applied to the Project, a density bonus of 20 percent would allow for up to 68 residential units (i.e., 56 x 1.2 = 67.2, rounded up to 68 units). The Project’s proposed 65 units fall within this total permitted density under the SDBL. The Project’s provision of five percent of “base” units at levels affordable to very low income households also entitles it to receive one incentive or concession under the SDBL (Gov. Code, § 65915(d)(2)(A)), an unlimited number of waivers (id. § 65915(e)(1)), and certain parking ratios (id. § 65915(p)), all as specified below.

2. Incentives, Concessions, and Waivers
Incentives, concessions, and waivers are subject to—and must be granted according to— certain legal requirements provided in the SDBL, as further described below.5 a. Incentives and Concessions
An incentive or concession is a reduction in development standards or modification of zoning or architectural requirements, or any other regulatory incentive or concession proposed by the developer, that results in identifiable and actual cost reductions to provide for affordable housing costs. (Gov. Code, § 65915(k).) The California Housing and Community Development Department (“HCD”) has taken the position that the SDBL “clearly indicates that requirements beyond development standards are eligible” as incentives or concessions, including “regulatory

3 “Base density” means “the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan.” (Gov. Code, § 65915(o)(6).) 4 Each component of any density calculation under the SDBL resulting in fractional units, including “base” and “bonus” densities, is rounded up to the next whole number. (Gov. Code, § 65915(q).) 5 Receipt of any incentive, concession, or waiver does not make a project inconsistent with applicable local standards for purposes of applying the Housing Accountability Act. (Gov. Code, § 65589.5(j)(3).)

Joe Perez
June 30, 2023

Page 3 ends

requirements,” provided that the request has identifiable and actual cost reductions. (HCD Letter of Inquiry and Technical Assistance to City of San Jose, Dec. 14, 2021, at p. 3.) The City must grant an incentive or concession unless it can make written findings, based upon substantial evidence, according to certain specified statutory limitations. The only reasons to deny a requested incentive or concession are if: (i) the incentive or concession would not result in identifiable and actual cost reductions; (ii) the incentive or concession would have a specific, adverse impact on public health and safety, and there is no feasible way to mitigate or avoid that impact without rendering the development unaffordable to low income and moderate income households; (iii) the incentive or concession would have an adverse impact on any real property listed in the California Register of Historical Resources; or (iv) the incentive or concession would be contrary to state or federal law. (Gov. Code, § 65915(d)(1).) b. Waivers
In addition to any incentives or concessions, a developer may request a waiver of any development standard that would have the effect of physically precluding the construction of a development at the density or with the incentives or concessions permitted by the SDBL. (Gov.

Code, § 65915(e)(1).) A “development standard” includes any “site or construction condition including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.” (Id. § 65915(o)(1).) An applicant is not limited in the number of waivers it may request. (See id. § 65915(e)(1).) The City can deny a waiver only in certain limited circumstances. The only reasons to deny a waiver are if: (i) the waiver would have a specific, adverse impact on health or safety and there is no feasible way to mitigate or avoid the specific adverse impact; (ii) the waiver would have an adverse impact on any real property listed in the California Register of Historical Resources; or (iii) the waiver would be contrary to state or federal law. (Id. § 65915(e)(1).) A recent court opinion also has held that a city cannot deny a waiver even if the developer could have designed its project in a way that minimizes the need for the waiver. (Bankers Hill 150 v.

City of San Diego (2022) 74 Cal.App.5th 755; see Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346 [“Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period.”].) While the City can require an applicant to provide reasonable documentation establishing eligibility for a waiver (Gov. Code, § 65915(a)(2)), the required showing is that the project qualifies for a density bonus. (HCD Notice of Violation Letter to the City of Encinitas, Jan. 20, 2022, at p. 3.) HCD also has clarified that a waiver must be granted if necessary to facilitate a requested incentive or concession under the SDBL. (HCD Letter of Technical Assistance to the City of San Jose, May 20, 2022, at pp. 2-3.) These types of “derivative waivers should be considered and approved in a perfunctory manner by the local agency.” (Id. at p. 3.)

Joe Perez
June 30, 2023

Page 4 ends

3. Warmington’s Specific Requests Under the SDBL
Based on the foregoing, Warmington makes the following requests under the SDBL. a. Density Bonus
As set forth above (see Part 1, above), Warmington is entitled to a density bonus of 20 percent over the otherwise allowed “base density” of 56 residential units. Warmington requests a density bonus of just over 16 percent, allowing for the Project’s proposed provision of 65 total units.
b. Incentives and Concessions
The number of incentives or concessions a project may receive is based on the percentage of affordable units provided in the project. (Id. § 65915(d)(2).) Here, the Project’s provision of five percent of the “base” units (i.e., 3 of 56 units) to very low income households entitles it to receive one incentive or concession. (Id. § 65915(d)(2)(A).) Warmington has not identified an incentive or concession at this time, although it reserves the right to do so in the future. c. Waivers
The Property is in the R-4 (Planned Residential) zoning district. Warmington requests the following waivers from applicable zoning standards and criteria of the R-4 zone. i. Minimum Area for Zone
Warmington requests a waiver from any minimum area requirement of nine acres in the R-4 zone (Muni. Code, § 9.100.030) to allow for the 6.92-acre area of the Project site (note this request is for a waiver under the SDBL, as opposed to the separate waiver procedure described in the City’s R-4 zoning regulations, particularly Municipal Code section 9.100.030). Absent this waiver under the SDBL, the Project could not fit as many residential units on the Property, thereby precluding construction of the proposed housing development project at the permitted density.
ii. Minimum Overall Area for Each Dwelling Unit
Warmington requests a waiver from the minimum overall area for each dwelling unit of 6,000 square feet (Muni. Code, § 9.100.040(A)) to allow for Project development as proposed.

Absent this waiver, the Project could not fit as many residential units on the Property, thereby precluding construction of the proposed housing development project at the permitted density. iii. Minimum Lot Area
Warmington requests a waiver from the minimum lot area requirement of 3,500 square feet (Muni. Code, § 9.100.040(B)) to allow for a minimum lot area of 2,975 square feet. Absent

Joe Perez
June 30, 2023

Page 5 ends

this waiver, the Project could not fit as many residential units on the Property, thereby precluding construction of the proposed housing development project at the permitted density.6 iv. Minimum Lot Width
Warmington requests a waiver from the minimum lot width requirement of 40 feet (Muni. Code, § 9.100.040(B) to allow for a minimum lot width of 35 feet. Absent this waiver, the Project could not fit as many residential units on the Property, thereby precluding construction of the proposed housing development project at the permitted density. v. Minimum Front Yard
Warmington requests a waiver from the minimum front yard requirement of 20 feet (Muni. Code, § 9.100.040(D)(1) to allow for a minimum front yard of 18 feet. Absent this waiver, the Project could not fit as many residential units on the Property, thereby precluding construction of the proposed housing development project at the permitted density. vi. Minimum Recreation Area
The City’s R-4 land use regulations state that “recreation areas shall be of a size, based on the particular use, adequate to meet the needs of the anticipated population, and shall be arranged so as to be readily accessible to the residents of the subdivision.” (Muni. Code, §

9.100.040(D)(7).) This regulation is not an objective standard and thus cannot be applied to the Project under the Housing Accountability Act (“HAA”).7 If it could be construed as an objective standard, Warmington requests a waiver to allow for Project development as proposed. Absent such a waiver, the Project could not fit as many residential units on the Property, thereby precluding construction of the proposed housing development project at the permitted density. vii. Minimum Open Area/Recreational Facilities
If applicable, Warmington requests a waiver from the planned residential development standard requiring at least 40 percent of the net area of a project to be used for open area or

6 The City’s General Plan also refers to lot sizes in the MHDR land use designation ranging from 5,000 to 8,700 square feet (General Plan, p. 2-17) and 4,000 to 6,500 square feet (id., p. 2-34). To the extent the City treats either of these as a lot size limitation, Warmington also requests a waiver of such standard. 7 The HAA protects housing development projects that are consistent with applicable, objective, general plan, zoning, and subdivision standards and criteria from denial or being conditioned on lower density. (Gov. Code, § 65589.5(j)(1).) For purposes of the HAA, “objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Id. § 65589.5(h)(8).) Only in rare cases, where a project would have a specific, adverse impact on public health and safety that cannot be mitigated can a jurisdiction deny a housing development project or condition the project to be developed at a lower density. (Id.)

Joe Perez
June 30, 2023

Page 6 ends

recreational facilities (Muni. Code, § 9.240.060) to allow for Project development as proposed.

Absent such a waiver, the Project could not fit as many residential units on the Property, thereby precluding construction of the proposed housing development project at the permitted density. d. Parking
The SDBL provides that, upon a developer’s request, a city cannot require a parking ratio (inclusive of parking for disabled persons and guests) that exceeds 1.5 parking spaces for two- to three-bedroom units, or 2.5 parking spaces for units with four or more bedrooms. (Gov. Code, § 65915(p)(1).) Parking under these SDBL provisions may be provided through, among other things, tandem parking and/or uncovered parking. (Id. § 65915(p)(4).) Warmington requests application of these SDBL parking ratios to the Project, which consists of 43 three-bedroom units and 22 four-bedroom units. In compliance with the SDBL, the Project would provide 130 garage parking spaces and 17 open parking spaces (for a total of 147 parking spaces), thereby exceeding the minimum SDBL ratios (i.e., (43 units x 1.5 spaces) + (22 units x 2.5 spaces) = 119.5 spaces, rounded up8 to 120 total required SDBL spaces). * * *
Please do not hesitate to contact me if you have questions about Warmington’s SDBL requests or any other information in this letter.

We look forward to working with the City to bring much needed housing, including affordable housing, to the area.

Sincerely,

Linda C. Klein

8 If the total number of parking spaces required for a development under the SDBL is other than a whole number, the number is rounded up to the next whole number. (Gov. Code, § 65915(p)(4).) 099999\16858983

ATTACHMENT NO. 2:

PROJECT PLANS

JURUPA ROAD

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'B' LEGEND (COTTAGE)
Stucco, 16/20
Asphalt Shingle Roof
Stucco Recess
Vinyl Windows
Fiberglass Entry Doors
Decorative Shutters (Stucco o/ Foam)
Decorative Exterior Light & Address
Metal Sectional Garage Door
Stucco o/ Foam Surround
Decorative Stucco Vents
Stucco Arched Soffit
Stucco Head & Sill Trim
Wood Barge Board
Wood Eave Board
Stucco o/ Foam Trim Band
Decorative Shelf
Decorative Muntins (On All Sides When Rear
Is Enhanced)
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Warmington Residential
3090 Pullman Street
Costa Mesa, CA 92626
714.434.4439

FRONTLEFT

REARRIGHT
PLAN 1 'B' COTTAGE ELEVATIONS
024 8
'C' LEGEND (MONTEREY)
Stucco, 16/20
Asphalt Shingle Roof
Stucco Recess
Vinyl Windows
Fiberglass Entry Doors
Decorative Shutters (Stucco o/ Foam)
Decorative Exterior Lights
Metal Sectional Garage Door
Stucco Head & Sill Trim
Decorative Stucco Vents
Stucco Column
Stucco o/ Foam Trim Band
Stucco o/ Foam Bay Window
Stucco o/ Foam Corbel
Decorative Muntins (On All Sides When Rear
Is Enhanced)
PLAN 2 'C' MONTEREY ELEVATIONS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Warmington Residential
3090 Pullman Street
Costa Mesa, CA 92626
714.434.4439

FRONTLEFT

REARRIGHT
024 8
T.O.

PLATE
FF
FF
9'-1"9'-1"
• • • • •• • •••••••••

FINISH GRADE
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Concrete "S" Profile Roof Tile
Stucco Recess
Vinyl Windows
Fiberglass Entry Doors
Decorative Shutters (Stucco o/ Foam)
Decorative Exterior Light & Address
Metal Sectional Garage Door
Stucco o/ Foam Eave
Decorative Stucco Vent
Stucco Arched Soffit
Stucco Slope Sill
Stucco o/ Foam Scalloped Arched Corbel
Not Used
Not Used
Decorative Muntins (On All Sides When Rear
Is Enhanced)
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Warmington Residential
3090 Pullman Street
Costa Mesa, CA 92626
714.434.4439

FRONTLEFT

REARRIGHT
PLAN 3 'A' SANTA BARBARA ELEVATIONS
024 8
17R
UP
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Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
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-XUXSD9DOOH\, CA
Warmington Residential
3090 Pullman Street
Costa Mesa, CA 92626
714.434.4439
024 8
17R
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41'-8" 10'-10"
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Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
&DPLQR5HDODQG-XUXSD5G
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Warmington Residential
3090 Pullman Street
Costa Mesa, CA 92626
714.434.4439
PLAN 2
024 8
17R
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PLAN 3
Architecture + Planning
17911 Von Karman Ave,
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Irvine, CA 92614
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Warmington Residential
3090 Pullman Street
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024 8

ATTACHMENT NO. 3:

PERMISSION TO PUBLISH PLANS
RE: Permission to Publish Plans
Mike Ouji <[email protected]>
Tue 7/18/2023 1:13 PM
To:Kumail Raza <[email protected]>
Kumail,

Please see the email chain below:

Hi Mike,

You and the City of Jurupa Valley have my approval to publish our plans in the staﬀ report and other required City correspondence.

Thanks for asking!

Alan Scales AIA, NCARB
Principal
KTGY
Architecture | Branding | Interiors | Planning
949.221.6256 Direct
949.851.2133 Main
714.296.8716 Cell
From: Mike Ouji <
[email protected]>
Sent: Tuesday, July 18, 2023 9:28 AM
To: Alan Scales <[email protected]>
Cc: Bret Ilich <[email protected]>
Subject: Plan Sign Oﬀ - Jurupa Valley

Alan,

The City of Jurupa Valley is requesting sign off allowing them to publish your plans in a staff report for a new project we are working on.

We used the architecture from Haven Park for the conceptual submittal.

Thanks,

Michael Ouji | Director of Land Acquisition
Warmington Residential | Southern California Division
3090 Pullman Street | Costa Mesa, CA 92626
t: 909.921.9897
[email protected]
HomesByWarmington.com

Page | 1
120

STAFF REPORT
DATE: AUGUST 3, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
S
UBJECT: AGENDA ITEM NO. 13.B
CHE

CK REGISTERS
RE

COMMENDATION
T
hat the City Council ratify the check registers dated June 28 and July 6, 12, and 21, 2023 as well as the payroll registers dated June 23, 30 and July 8, 2023.

T
he City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2023-24 Budget was adopted on June 1 5, 2023. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.

AN
ALYSIS
A
ll 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 check register dated Ju ly 12, 2023 includes a $ 5,395.70 and a $1 4,799.01 payment to Chase Card Services. The Statement, with purchase details, is attached herewith.

THER INFORMATION
N
one.

INANCIAL IMPACT
C
heck registers:
06/
28/23 $ 276,297.66
07/06/23 $ 375,456.76
07/12/23 $ 2,533,034.99
07/12/23 $ 98,740.04

RETURN TO AGENDA

AGENDA ITEM NO. 13.C
-1-
12774-0007\2751468v1.doc
ORDINANCE NO. 2023-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, APPROVING
CHANGE OF ZONE NO . 21008 TO REZONE
APPROXIMATELY 4.13 ACRES LOCATED AT THE EAST

SIDE OF CLAY STREET BETWEEN HAVEN VIEW DRIVE
AND LINARES AVENUE ( APNS: 163 -400-029; 0 26 & 028)
FROM I -P (INDUSTRIAL PARK) TO R -3 (GENER AL

RESIDENTIAL) TO ALLOW FOR T HE CONSTRUCTION
OF 66 TOWNHOMES

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Project. Rexco Real Estate Development (the “Applicant”) has applied for General Plan Amendment No. 21006, Change of Zone No. 21008, Site Development Permit No. 21083, Tentative Tract Map No. 38697, Variance No. 23004, and to amend the Mission De Anza Specific Plan and Specific Plan Overlay so it does not apply to the Applicant’s property (collectively, Master Application No. 21245 or MA No. 21245) to permit the construction of 66 townhomes on 4.13 acres located at the east side of Clay Street between Haven View Drive and Linares Avenue (APNs: 163-400-029; 026 & 028) (the “Project”). General Plan Amendment No. 21006, Site Development Permit No. 21083, Tentative Tract Map No. 38697, Variance No. 23004, and the amendment to the Mission De Anza Specific Plan and Specific Plan Overlay will be considered by a separate resolution and are not the subject matter of this ordinance. General Plan Amendment No. 21006 is the subject matter of a separate resolution.

Section 2. 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. 21245 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 June 28, 2023, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 21245 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 Resolution PC- 2023-14 on a 3-1 vote (with Commissioner Pruitt absent due to a conflict of interest) recommending that the City Council approve the Project. (c) On July 27, 2023, the City Council of the City of Jurupa Valley held a public hearing on MA No. 21245 at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Following the receipt of public testimony, the City Council closed the public hearing.
(d) All legal preconditions to the adoption of this Ordinance have occurred.

RETURN TO AGENDA
-2-

Section 3. California Environmental Quality Act Findings and Recommendation for Adoption of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The City Council of the City of Jurupa Valley hereby makes the following environmental findings and determinations in connection with the approval of the Project:
(a) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.

Res. Code § 21000 et seq.) and the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that, with the incorporation of mitigation measures, there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration (“MND”) was prepared by the City in full compliance with CEQA.
(b) On July 27, 2023 , the City Council adopted Resolution No. 2023 -70 adopting the MND and the Mitigation Monitoring and Reporting Program (“MMRP”) for the Project. Resolution No. 2023-70 is incorporated herein as if set forth in full.

Section 4. Change of Zone.
(a) The Applicant is seeking approval of Change of Zone No. 21008 to rezone approximately 4.13 acres located at the east side of Clay Street between Haven View Drive and Linares Avenue (APNs: 163 -400-029; 026 & 028) from I -P (Industrial Park) to R -3 (General Residential) as depicted in Exhibit “A.”
(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 mail ed 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 5. Findings for Approval of Zone Change No. 2 1008. The City Council hereby makes the following findings in approving Change of Zone No. 21008:
-3-

(a) A change of zone is proposed to change the zoning for the Project site from Industrial Park (I -P) to General Residential (R -3). The R-3 zone permits a Planned Residential Development (PRD). The R-3 zone is consistent with Very High Density Residential General Plan land use designation.

Section 6. Approval of Zone Change. The City Council of the City of Jurupa Valley hereby rezones the approximately 4.13 acres located at the east side of Clay Street between Haven View Drive and Linares Avenue (APNs: 163 -400-029; 026 & 028) from I -P (Industrial Park) to R-3 (General Residential) 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.

Section 7. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 8. 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 9. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 10. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 3rd day of August, 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 -10 was regularly introduc ed at a regular meeting of the City Council held on the 20th day of July, 2023 and thereafter at a regular meeting held on the 3rd day of August, 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 3rd day of August, 2023.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
12774-0007\2751468v1.doc
Exhibit A: Revised Zoning Map

A-1
12774-0007\2751468v1.doc
Exhibit A: Revised Zoning Map

AGENDA ITEM NO. 13.D
-1-
ORDINANCE NO. 2023-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, ADOPTING (1)
CZ23008 TO CHANGE THE ZONING FROM RESIDENTIAL
AGRICULTURE (R-A) TO GENERAL RESIDENTIAL (R-3)
FOR A PORTION OF APN 165-080-005, CZ2300 9 TO

CHANGE THE ZONING FR OM SCENIC HIGHWAY
COMMERCIAL (C-P-S) TO R-3 FOR PORTIONS O F APNS
165-140-004, 165-140-029, 165-140-030 AND 165-140-007, AND CZ23010 TO CHANGE TH E ZONING FROM C -1/C-P
(GENERAL COMMERCIAL) TO R -3 FOR A PORTION OF
APN 165 -140-008 FOR SIX PARCELS TOTALING 15.8

ACRES LOCATED IMMEDIATELY EAST OF VAN BUREN
BOULEVARD AND WEST O F PEDLEY ROAD AT 58T H
STREET; AND (2) CZ23011 TO CHANGE TO CHANGE THE

ZONING FROM MANUFACT URING-SERVICE
COMMERCIAL (M-SC) TO R -3 FOR A PORTION OF A PN
163-400-042 TOTALING 3.63 ACRES LOCATED

IMMEDIATELY EAST OF BALDWIN AVENUE AND

SOUTH OF LIMONITE AV ENUE IN THE DE ANZA

MARKETPLACE

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Project.
(a) On January 19, 2023, the City Council held a public hearing and approved two residential projects on Planning Area 2 of Paradise Knolls at densities lower than those identified in the Housing Element. Government Code section 65863(c)(2) states that “If th e approval of a development project results in fewer units by income category than identified in the jurisdiction’s housing element for that parcel and the jurisdiction does not find that the remaining sites in the housing element are adequate to accommoda te the jurisdiction’s share of the regional housing need by income level, the jurisdiction shall within 180 days identify and make available additional adequate sites to accommodate the jurisdiction’s share of the regional housing need by income level. Not hing in this section shall authorize a city and county to disapprove a housing development project on the basis that approval of the housing project would require compliance with this paragraph.”
(b) Due to this decrease in density, the City is now in deficit of its low-income housing RHNA obligation by 40 dwelling units. To be compliant with Government Code section 65853(c)(2), the City needs to re -designate a minimum of 6.6 acres of land to make up for this shortfall.
(c) On March 16, 2023 and April 16, 2023, the City Council reviewed possible sites for potential re-designation to Highest Density Residential (HHDR). On April 16, 2023, the

RETURN TO AGENDA

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City Council initiated GPA23005 and CZ23008 to change the General Plan land use designation of a portion of APN 165 -080-005 from Country Neighborhood (LDR) to Highest Density Residential (HHDR) and change the zoning from Residential Agriculture (R -A) to General Residential (R-3), GPA23006 and CZ23009 to change the General Plan land use designation of portions of APNs 165 -140-004, 165-140-029, 165-140-030 and 165 -140-007 from Commercial Retail (CR) to HHDR and change the zoning from Scenic Highway Commercial (C -P-S) to R-3, and GPA23007 and CZ23010 to change the General Plan land use designation of a portion of APN 165-140-008 from CR to HHDR and change the zoning from C -1/C-P (General Commercial) to R-3 for six parcels totaling 15.8 acres located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street; and (2) GPA 23008 and CZ23011 to change the General Plan land use designation from Business Park (BP) to HHDR and change the zoning from M -SC to R-3 for a 3.63-acre portion of APN 163-400-042 located immediately east of Baldwin Avenue and south of Limonite Avenue in the De Anza Marketplace (collectively, “the Project”). The Change of Zones are the subject matter of this ordinance. The General Plan Amendments will be considered by separate resolution.

Section 2. Project Procedural Findings . The City Council 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 May 24, 2023, the Planning Commission of the City of Jurupa Valley held a public heari ng 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 and adopted R esolution PC2023-09 on a 3 -1 vote (with Commissioner Jackson absent) recommending that the City Council adopt (1) GPA23006 and CZ23009 to change the General Plan land use designation of portions of APNs 165 -140-004, 165-140-029, 165-140-030 and 165 -140-007 from Commercial Retail (CR) to HHDR and change the zoning from Scenic Highway Commercial (C -P-S) to R-3, and GPA23007 and CZ23010 to change the General Plan land use designation of a portion of APN 165-140-008 from CR to HHDR and change the zoning from C -1/C-P (General Commercial) to R-3 for five parcels totaling 11.18 acres located immediately east of Van Buren Boulevard and west of Pedley Road at 58th street; and (2) GPA 23008 and CZ23011 to change the General Plan land use designation from Business Park (BP) to HHDR and change the zoning from M-SC to R- 3 for a 3.63-acre portion of APN 163 -400-042 located immediately east of Baldwin Avenue and south of Limonite Avenue in the De Anza Marketplace.
(c) The Planning Commission also recommended that the City Council consider initiating a General Plan Amendment and change of zone for the driveway and parking lot portion of APN 163 -400-042 and portions of APN 163 -400-040 and 163 -400-045 from Business Park (BP) to HHDR and change the zoning from M -SC and C-P-S to R-3, as requested by the property owner. The Planning Commission also recommended that the City Council not adopt GPA 23005 and CZ23008 to change the General Plan land use designation of a portion of APN 165-080-005 from Country Neighborhood (LDR) to Highest Density Residential (HHDR) and change the zoning from Residential Agriculture (R-A) to General Residential (R-3).

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(d) On July 27, 2023, the City Council 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 City Council closed the public hearing.
(e) All legal preconditions to the adoption of this Ordinance have occurred.

Section 3. California Environmental Quality Act Findings and Recommendation for Adoption of Addendum to Jurupa Valley 2017 General Plan Programmatic Final Environmental Impact Report. The City Council of the City of Jurupa Valley hereby makes the following environmental findings and determinations in connection with the approval of the Project:
(a) The Jurupa Valley General Plan was adopted by Resolution No. 2017-14 on September 7, 2017. In approving the General Plan in 2017, the City Council certified the Jurupa Valley 2017 General Plan Programmatic Final Environmental Impact Report (EIR) (SCH No. 2016021025) in accordance with the CEQA. The City Council has reviewed the Project against the 2017 EIR and determined the EIR adequately addresses all the environmental issues associated with the Project. The Project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the 2017 EIR. In addition, previously identified significant impacts would not be substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce significant impacts identified in the 2017 EIR.
(b) On July 27, 2023, pursuant to CEQA Guidelines Section 15164, the City Council adopted Resolution No. 2023 -72 adopting an Addendum to the EIR for the Project.

Resolution No. 2023-72 is incorporated herein as if set forth in full.

Section 4. Change of Zone.
(a) The City Council has initiated Change of Zone Nos. CZ23008, CZ23009, CZ23010, and CZ23011 (sometimes referred to collectively as “Change of Z ones”) to rezone the following real property as follows:
1) 4.62-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165-080-005) from R-A to R- 3 as shown on Exhibit “A”;
2) 0.38-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165 -140-004) from C-P-S to R-3 as shown on Exhibit “A”;
3) 3.51-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165 -140-029) from C-P-S to R-3 as shown on Exhibit “A”;

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4) 1.57-acres of real proper ty located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165 -140-030) from C-P-S to R-3 as shown on Exhibit “A”;
5) 1.56-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165 -140-007) from C-P-S to R-3 as shown on Exhibit “A”;
6) 4.16-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165 -140-008) from C-1/C-P to R-3 as shown on Exhibit “A”; and
7) 3.63-acre portion of real property located immediately east of Baldwin Avenue and south of Limonite Avenue in the De Anza Marketplace (portion of 163-400- 042) from M-SC to R-3 as shown on Exhibit “B”.
(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 M unicipal 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 a t 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 5. Findings for Approval of Zone Change Nos. 23008, 23009, 23010 and 23011. The City Council hereby makes the following findings in approving Change of Zone Nos. 23008, 23009, 23010, and 23011:
(a) Change of Zones Nos. CZ23008, CZ23009, CZ23010, and CZ23011 should be adopted because the zoning for these sites needs to change to R-3 to be consistent with the new General Plan land use designation of HHDR. In addition, Change of Zone Nos. CZ23008, CZ23009, CZ23010, and CZ23011 are required to ensure that the City is compliant with State No Net Loss Law which requires upzoning of property when a resi dential development project is approved at a lower density than the density designated in the Housing Element and the lower density results in a shortfall in residential development capacity.

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Section 6. Approval of Zone Change. The City Council of the City of Jurupa Valley hereby orders as follows:
(a) The following real property is rezoned as follows:
1) 4.62-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165-080-005) is rezoned from R-A to R-3 as shown on Exhibit “A”;
2) 0.38-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165-140-004) is rezoned from C-P-S to R-3 as shown on Exhibit “A”;
3) 3.51-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165-140-029) is rezoned from C-P-S to R-3 as shown on Exhibit “A”;
4) 1.57-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165-140-030) is rezoned from C-P-S to R-3 as shown on Exhibit “A”;
5) 1.56-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165-140-007) is rezoned from C-P-S to R-3 as shown on Exhibit “A”;
6) 4.16-acres of real property located immediately east of Van Buren Boulevard and west of Pedley Road at 58th Street (portion of APN 165-140-008) is rezoned from C-1/C-P to R-3 as shown on Exhibit “A”; and
7) 3.63-acre portion of real property located immediately east of Baldwin Avenue and south of Limonite Avenue in the De Anza Marketplace (portion of 163-400- 042) is rezoned from M-SC to R-3 as shown on Exhibit “B”. (b) The City Council 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 9. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the s ame to be published or posted in the manner required by law.

Section 10. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 3rd day of August, 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 -12 was regularly introduced at a regular meeting of the City Council held on the 27 th day of July, 2023 and thereafter at a regular meeting held on the 3 rd day of August, 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 3rd day of August, 2023.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1

Exhibits A and B: Revised Zoning Maps

Page | 1
120
S

TAFF REPORT
DATE: AUGUST 3, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS / CITY ENGINEER S
UBJECT: AGENDA ITEM NO. 13.E
A

GREEMENT BETWEEN TH E CITY OF JUR UPA VALLEY AND KOA

CORPORATION FOR ON- CALL CONSTRUCTION MANAGEM ENT

SERVICES
RE

COMMENDATION
1) T
hat the City Council approve the Agreement between the City of Jurupa Valley and KOA Corporation, Inc. for On-Call Construction Management Services and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

ACKGROUND
C
onstruction management and Inspection services is a critical component of the Capital Improvement Program (“CIP”). CIP p rojects may include streets, curb ramps, traffic signals and utilities. The City requires the service of professional Construction Managers (CM) and Construction Inspectors (CI) to provide as-needed full inspection services for upcoming public works projects.

On
May 4, 2023, staff published a Request for Proposals (“RFP”) for on-call construction management and inspection services for CIP projects to select a qualified firm to provide the services. The RFP was published on the City’s PlanetBids portal, a web based procurement and bidding system.

T
he scope of work includes Construction Management and Inspection for Pu blic Works Projects. The RFP closed on May 24, 2023, and the City received 17 proposals.

RETURN TO AGENDA
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ANALYSIS

The City received proposals from the following firms (in alphabetical order):

o Albert A WEBB Associates, Riverside, CA
o Anser Advisory, Santa Ana, CA
o Dudek, Encinitas, CA
o Engineering Resources of Southern California, Redlands, CA o EXP, San Bernardino, CA
o Fountainhead, Fontana, CA
o Grace Inspection and Testing Inc., Cypress, CA
o KOA., Ontario, CA
o LEA, Placentia, CA
o Onward Engineering, Anaheim, CA
o Quantum Quality, Lomita, CA
o Safework Inc., Riverside, CA
o Siterep, Chino, CA
o Southstar, Riverside, CA
o TKE Engineering, Inc., Riverside, CA
o TRANSTECH, Chino, CA
o Z&K Consultants Inc., Riverside, CA

Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as services provided by any specially trained and experienced person or firm in areas such as accounting, engineering, finance, and planning. A greements for professional services are awarded by the City Council on the basis of the demonstrated competence, qualifications, and on the fairness and reasonableness of the cost of services to the City, and shall not be awarded solely on the basis of cost.

Staff ranked the proposals per guidelines set forth in the RFP and KOA Corporation. (“KOA”) was ranked as the most qualified firm to provide the services. KOA is a well - established firm that specializes in experience includes construction management, construction inspection, program management, and highway and transportation design for street improvement projects. The firm is familiar with the Inland Empire and has performed similar services for surrounding cities such as Corona, El Monte, Moreno Valley, and Ontario.

KOA is currently providing CM services to the City for the Sunnyslope Area SR2S Sidewalk Gap Closure and is very familiar with the City of Jurupa Valley. Inspection and construction management services are currently handled by a combination o f City staff and TKE Engineering, Inc. Due to the significant number of projects occurring in the City, adding another firm to perform CM functions will ensure a timely turnaround for all projects. If approved, the initial term of the agreement is three years with the option to extend the term for two, one-year extensions.

Page | 3

FINANCIAL IMPACT

The Agreement calls for a not-to-exceed amount of $250,000 per fiscal year. The majority of the services provided will be project specific based on the approved CIP budget.

Additional services may be required for land development and shall be reimbursed by development projects.

ALTERNATIVES

1. Do not approve the Agreement between the City and KOA

2. Provide alternative direction to staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

Construction Management Services
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AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND KOA

CORPORATION FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES THI
S AGREEMENT is made and effective as of August 3, 2023, between the City of Jurupa Valley (“City”) and KOA Corporation, a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on August 7, 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 June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. The City and Consultant may extend the term of this Agreement by mutual agreement for two, one (1) year extensions. The Agreement term and all extensions there to shall not exceed a total of five (5) years. The City Manager shall have the authority to exercise and execute the necessary term extension amendment.

2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. Performance
Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B.

Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred Fifty Thousand dollars ($250,000.00) each fiscal year through the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.

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C. Consultant shall submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.

6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Construction Management Services

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City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. Indemnification
Consultant shall defend, hold harmless and indemnify the 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, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

9. Insurance Requirements
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.

Construction Management Services

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b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

B. O
ther Insurance Provisions . The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.

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2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.

C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.

D. V erification of Coverage . Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

E. M
odifications. 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.

10. I
ndependent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its Construction Management Services

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officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

12. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.

14. 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 Construction Management Services

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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 Consultant: KOA Corporation
3190 Shelby Street, Bldg. C
Ontario, CA 91764
Attention: Chuck Stephan, PE

B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

C. G
overning Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

E. E
ntire 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.

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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. A uthority To Execute This Agreement . The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF JURUPA VALLEY

Rod B. Butler
City Manager

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

KOA CORPORATION

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]
Construction Management Services

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EXHIBIT A

SCOPE OF SERVICES
Consultant will provide “on-call” construction management and inspection services for projects assigned by the City. The services needed will be for the Capital Improvement Program; however, the City may require additional support inspecting development projects. Projects generally include pavement maintenance and street improvements. The scope of work for any one project may involve all phases of project development and may include, but is not limited to the following:

Project Coordination
Communication
• Coordinate construction activities with the City and the general public • Prepare weekly status reports including statement of working days documenting construction
• Coordinate design changes with the Project Manager
• Coordinate and monitor all project team activity including, but not limited to, the contractor, subcontractors, sub-consultants, field inspectors and regulatory agencies • Coordinate all necessary outreach activities to impacted local businesses and the general public for the duration of the project

Meetings
• Conduct pre-construction meetings and prepare the agenda and minutes. Prior to the meeting, review PS&E and note potential issues
• Conduct and lead weekly construction progress meetings (or as frequently as necessary depending on the amount of project activity) and prepare minutes for the project manager’s approval
• At the request of the C ity, participate in field meetings to resolve field issues. The consultant will be expected to take minutes and document issues, findings and changes resulting from the meetings.

Schedule and Budget
• Review the master project schedule at the beginning of the project and work with the contractor to maximize the number of project tasks that can be completed concurrently to the extent possible.
• Routinely review construction progress schedule and contractor’s schedule of values. • Prepare change orders in the standard City format for the City Engineer’s approval. • Review invoices from the contractor and other vendors, make payment recommendations, prepare progress payments , and prepare final payment in City’s standard format.

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Miscellaneous
• Review and coordinate approval of contractor submittals. • Log, track, and process submittals, Requests for Information (RFI’s), Requests for Changes
• (RFC’s), Contract Change Orders (CCO’s), field directives, Notices of Potential Claim (NOPC’s),
• Monitor all required permits, certificates, and licenses for compliance with local, state and federal laws.
• Monitor materials documentation and testing results and enforce corrections as necessary.
• Coordinate the review and approval of new traffic control plans submitted by the contractor.
• Process all project documentation per City requirements in standard formats. • Coordinate other project contract and construction management responsibilities as assigned.
• Verify and sign contractor’s daily extra work reports documenting force account (time and materials) work.

Construction Observation

Communication
• Communicate project details with all affected City services; including the Riverside County Sheriff’s Department and Fire Department, Jurupa Unified School District, Riverside Transit Authority (RTA), waste disposal service providers, utility agencies and other providers of services as necessary shall be informed of all project activities by the consultant.
• Assist the City in any public outreach efforts.
• Coordinate the Contractor’s field work with affected utility companies, such as Southern California Gas Company, Southern California Edison, Riverside County Flood Control and Water Conservation District, and other water purveyors (if applicable), and all other utility companies and agencies affected by the project.

Meetings/Inspection
• Coordinate the Contractor’s field work with affected utility companies, such as Southern California Gas Company, Southern California Edison, Riverside County Flood Control and Water Conservation District, and other water purveyors (if applicable), and all other utility companies and agencies affected by the project.

Schedule and Budget
• Keep projects on schedule and within budget and minimize change orders. • Provide complete measurements of quantities daily and calculations documented to administer progress payments, change orders, extra work, etc. • Update construction schedules twice per month in coordination with the contractor. • Ensure all change orders are be pre-approved by the Project Manager.

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Construction
• Review construction traffic control to ensure compliance with applicable codes and standards, in particular the California Manual of Traffic Control Devices (CAMUTCD).
• Ensure contractor compliance with all applicable regulatory requirements, particularly with Best Management Practices (BMPs) regarding stormwater management and air quality regulations (i.e., dust control). • A full-time inspector will be required to be on-site for eight hours per day for the duration of the project. The inspector’s hours may be reduced to fewer than eight hours per day if the project activity is reduced to a level such that eight hours per day are no longer necessary, subject to city approval, or on days of no work. • Ensure the project is constructed in accordance with the project plans, specifications and estimate (PS&E) construction documents, city standards, Caltrans Standard Plans and Specifications and Standard Specifications for Public Works Construction.
• On each working day, meet with the contractor to review proposed work plan, including specific details that may affect progress. The consultant shall inform the project manager of any work which may result in a noteworthy impact on the City. • Maintain a resident engineer diary and daily inspection report documenting construction activities, methods and equipment used.
• Ensure that the contractor is complying with state requirements pertaining to the preservation or restoration of survey monuments, including recordation requirements. This activity includes, but is not limited to, the setting of centerline ties for existing centerline monuments located with no existing ties, replacement of centerline ties disturbed by construction and the resetting of centerline monuments and providing the City with an updated set of centerline tie notes.

Administrative
• Color photographs of the jobsite shall be taken prior to and during construction and once immediately following the completion of construction of the project.

Electronic files of the photographs taken shall be emailed to the Project Manager on a daily basis or provided to the City on flash drive to be saved on the City’s network drive.
• Analyze delays and review claims in a timely manner and make recommendations to the Project Manager as necessary.
• Submit clean sets of plans marked in red for generating corrections on record drawings to be filed with the City upon completion of the project.

Labor Compliance

• Conduct labor compliance interviews with the contractor’s workforce and record information on forms provided by the city and verify compliance with federal trainee and apprenticeship requirements as applicable.

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• Certify contractor payroll records for compliance with the higher of either federal Davis-Bacon or state prevailing wage rates.
• Document and forward all correspondence and payroll corrections with and by the contractor.
• Inform the Project Manager as soon as the consultant discovers any discrepancies or labor compliance violations.

Post Construction Services

• Evaluate completion of work and recommend to City when work is ready for final Inspection.
• Conduct final inspection/walk through with City staff and contractor • Issue preliminary and final punch list, including schedule for punch list completion.

Monitor and follow through with contractor until completion of all punch list items. • Review and process contractor’s request for final payment and release of retention. • Deliver project files to City’s Project Manager.

Consultant’s proposal to provide the services dated May 25, 2023, is attached for reference.

TECHNICAL PROPOSAL FOR

ON-CALL CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR CIP PROJECTS

CITY OF JURUPA VALLEY
May 25, 2023

MAY 25, 2023 | MC36098

TECHNICAL PROPOSAL FOR

ON-CALL CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR CIP PROJECTS

CITY OF JURUPA VALLEY
May 25, 2023

TO: City of Jurupa Valley
Public Works Department
8930 Limonite Avenue
Jurupa Valley CA 92509

Submitted via: Planetbids

FROM: Chuck Stephan, PE
Managing Director of CM Division
Principal
3190 Shelby Street Bldg C
Ontario CA 91764
(909) 890-9693 O
(310) 525-0678 C
www.koacorp.com
[email protected]

TABLE OF CONTENTS

COVER LETTER 1

SECTION A. ORGANIZATION/COMPANY PROFILE 2

SECTION B. DESCRIPTION OF SERVICES PROVIDED BY COMPANY 16

SECTION C. HOURLY RATE SHEET (SUBMITTED SEPARATELY) 21

SECTION D. PROPOSER’S SIGNATURE PAGE 22

SECTION E. NON-COLLUSION DECLARATION 24

SECTION F. REFERENCES 25

SECTION G. LICENSE/CERTIFICATES 27

SECTION H. EVIDENCE OF INSURABILITY 28

3190 Shelby Street, Bldg. C, Ontario, CA 91764
T: (909) 890-9693 | F: (909) 890-9694 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY

COVER LETTER
DATE
May 25, 2023
TO
City of Jurupa Valley
Public Works Department
8930 Limonite Avenue
Jurupa Valley CA 92509
Submitted via: Planetbids
FROM
Chuck Stephan, PE
Managing Director of CM
Division, Principal
KOA Corporation
3190 Shelby Street Bldg C
Ontario CA 91764
(909) 890-9693
www.koacorp.com

PROJECT OFFICE

LOCATION
3190 Shelby Street Bldg C
Ontario CA 91764
(909) 890-9693

PROPOSAL FOR
On-Call Construction
Management and Inspection
Services for CIP Projects
Dear Mr. Toor:

KOA Corporation (KOA), a California corporation, and a wholly owned subsidiary of H.W. Lochner, Inc. (Lochner), appreciates the opportunity to submit these qualifications to the City of Jurupa Valley for On-Call Construction Management and Inspection Services for CIP Projects.

KOA has 35 years of specialization in civil and traffic engineering design, planning, construction management and construction inspection work for public agencies through On Call assignments. Our work for Southern California municipal agencies includes street improvements, pipelines, structures, including libraries, fire stations, community buildings, and building renovations; wet utilities, bio-swales, storm drains, pipelines, sewer lines and pump stations, pipeline relining, water main replacement; street widening and beautification, rehabilitation, resurfacing, traffic signals, fiber backbone installation, bike-paths, and curb, gutters and sidewalks; including artificial turf soccer fields, landscaping, park buildings and lighting systems; as well as bridges, including rehabilitation and replacement.

KOA was founded in 1987 and has a staff of over 100 professionals working out of five offices in the counties of Orange, Los Angeles, San Diego, Riverside, and San Bernardino. KOA can meet and exceed your goals of completing projects on time and within reasonable budgets, while minimizing impact to residents and businesses. KOA will keep City staff in the loop at all times and produce relevant information so staff always has answers to any questions about the project.

I, Chuck Stephan, PE, will be the Management Contact and overall Project Manager for this assignment. Thank you for this opportunity to offer our services to the City of Jurupa Valley. Should you have questions during the selection process, please contact me directly via cell at 310.525.0678 or via email at [email protected]. For more information regarding KOA Corporation, please see our website at www.koacorporation.com.

We are looking forward to serving the City of Jurupa Valley on this important assignment.

Sincerely,
KOA | A Lochner Company
Chuck Stephan, PE | Managing Director of CM Division, Principal

SECTION A | ORGANIZATION/COMPANY PROFILE

2 | P a g e

FIRM PROFILE
Founded in 1987, KOA Corporation (KOA) is a leading provider in professional services in transportation engineering, mobility planning, and construction management for public agencies and private sector clients. We offer our clients technical knowledge, innovative solutions, and responsive services.

Our focus on safety for all travelers is the foundation of our professional practice. KOA engineers, planners, construction field specialists, and project managers all take pride in our well-established reputation as Transportation Safety Experts. The hallmark of our success is our dedication to each and every project and our desire to leave a legacy of extraordinary contribution to our communities. Our staff includes registered civil and traffic professional engineers’, certified transportation planners, certified road safety professionals, project/construction managers, and construction inspectors.

With five offices located in Southern California, KOA provides professional consulting services for some of the largest public-works and planning projects for all modes of transportation throughout California.

In December 2022, KOA joined Lochner, a national transportation infrastructure firm headquartered in Chicago, Illinois, providing planning, environmental, design, construction engineering and inspection, and right-of-way services for surface transportation, rail, transit, and aviation clients. Together, we have more resources and capabilities for delivering innovative solutions and enhancing the quality of life in the communities we serve.

CONSTRUCTION MANAGEMENT AND INSPECTION

KOA has a complete Construction Management division consisting of 20+ Resident Engineers, Construction Managers, and Construction Inspectors with decades of experience in various expertise in public works projects including streets, developments, pipelines, structures, facilities, bikeways and parks. We have over 35 years of CM and Inspection experience with local, state and federal aid funded public works and permit projects. Mr. Chuck Stephan will be the Project Manager for this proposal.

The contract will be managed by Mr. Chuck Stephan, PE. Mr. Stephan has successfully managed projects for the past 30 years. The strongest evidence of our success is our repeat business received from the public agencies year after year. All staff proposed have worked for KOA for a considerable length of time and will be made available to the City as the need arises.

KOA inspectors have experience with pipelines, bridges, highways, heavy-civil projects, roadways, utilities, transportation, rail, fire stations, parks, buildings, wharf and port facilities, federally funded projects, and other types of public works. Our inspectors bring many years of accrued skills in dealing with contractors and keeping projects on track. KOA provides all parties with updated information and is sensitive to the special needs of the community.

BUSINESS NAME
KOA Corporation (since 2005)
Katz, Okitsu& Associates (1987-
2005)

FORM OF THE

ORGANIZATION
California C Corporation

TYPES OF SERVICES
Construction Management &
Inspection
Transportation Engineering
Highway & Roadway Design
Signals, Signing & Striping, Traffic
Control Plans
Traffic Operations & ITS
Mobility Planning (Multimodal)
Complete Streets Planning &
Design
Active Transportation (Ped & Bike,
SRTS, First Mile/Last Mile)
Grant Writing & Management
Safety Implementation (HSIP,
ADA, LRSP, SSARP, & SS4A)

LOCATION OF OFFICES
Monterey Park
Orange
Ontario
San Diego
Culver City

PROJECT OFFICE

LOCATION
3190 Shelby Street, Bldg. C
Ontario, CA 91764
(909) 890-9693

MAIN CONTACT
Chuck Stephan, PE
(310) 525-0678
[email protected]

SECTION A | ORGANIZATION/COMPANY PROFILE

3 | P a g e

Capital Improvement Projects greater than $500,000 that KOA has managed within the last three years

For Projects that KOA has managed with an in-house budget of over $500,000:

JC13111 Civil Design PS&E; CIP 22-03; McCall Boulevard Widening CIP 22-03, City of Menifee ($578,844.00, In Progress)
KOA prepared conceptual thru final design for 4,000 LF arterial widening of McCall Boulevard. This project includes adding one thru lane in each direction, adding bike lanes, design of drainage, grading, retaining walls, traffic signals, signing/striping, and right-of-way acquisition, as well as significant coordination with utilities including the relocation of several SCE poles.

JB76143 Foothill Boulevard Master Plan Improvement Project CIP2016-5, City of Claremont ($674,646.00, Completed 2021)
The current project consist of 3.1 miles to construct numerous improvements of the Foothill Boulevard Master Plan which includes traffic control, clearing and grubbing, roadway excavation, removal and replacement of curb and gutter, sidewalks, and driveways, Class 1, 2 and Class 4 bicycle lanes, 10 concrete bus pads and shelters, concrete cross gutters, alley way driveways, local depressions, parkway drains, pavement improvements, walls, storm drain work that includes various RCP, catch basins, manholes, cobble bio-retention basins, drywell underground storage, traffic signals, street lighting, landscaping and irrigation, and the installation of bus shelters and furniture and amenities, trellis structures, monuments signage, and full landscaping. KOA oversaw the entire project for the City and provided construction management, inspections, labor compliance and materials testing support: conducted weekly project meetings, managed staff and budgets; negotiated, approved, and processed change orders, maintained project files, labor compliance, balanced 7 funding sources, met with City officials and town residents, reviewed all submittals and RFI’s, coordinated with City project manager and City Management from various departments, completed weekly and monthly reports, verified quantities, coordinated any soils testing, attended City meetings, provided daily inspections, labor compliance, and coordinated with the contractor while assisting in re-design of numerous survey errors on the plans for this $15 Million project. Funding Source: 7 Types.

JB96061 Ramona Boulevard and Valley Boulevard Intersection Improvement Project CIP805, City of El Monte ($515,425.00, Completed 2022)
KOA provided Constructability Review, construction management and inspection services for this important arterial intersection widening project. The project focused on downtown El Monte arterial intersection of Ramona Blvd and Valley Blvd, and included new traffic signals, bioswales, reconfiguration of intersection from 5 way to 4 way with a separated business street, ADA upgrades, new landscaped medians and parkways, street widening and resurfacing, new sidewalk, curbs and gutters, relocation of storm drain and waterlines, monument sign, decorative crosswalks, signing, marking and striping. Our construction management and inspection responsibilities included project coordination with the City; document control; the review of submittals, RFIs, and change orders; approving contractor invoices; and project close-out during the 2020 pandemic. The project was coordinated with the City, the contractor, Southern California Edison, Verizon, AT&T, El Monte Water, and the City Business District.

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4 | P a g e

For projects with a construction cost over $500,000 that KOA has provided Construction Management and Inspection services (Note: This is a partial list of projects for the past 3 years):

City of Palm Springs HSIP 8 Traffic Signal Modifications $2.1M – Ongoing

City of Anaheim Holbrook St Phase 1 Main Replacement Project $2.7M – Ongoing

City of Long Beach Homekey Project Luxury Inn $4.5M – Ongoing

City of Long Beach Homekey Project Mission Inn $4M – Ongoing

City of Culver City Homekey Project $8.5M – Ongoing

City of Brea Country Hills Subdivision Pavement and Water Improvements, Phase 2 $2.1M – Ongoing

City of El Monte Ramona Blvd Pavement Rehabilitation $3.5M - 2022

City of El Monte Ramona Blvd & Valley Intersection Improvement Project $2.5M - 2021

City of Jurupa Valley Sunnyslope Area SR2S Sidewalk Gap Closure $2.2M – Ongoing

City of Redondo Beach Torrance Blvd Improvement Project $4M - Ongoing

City of Inglewood Centinela Blvd Improvement Project $7.5M – 2022

City of Redondo Beach Residential Street Rehabilitation Project, Cycle 2 Phase 3 $3.2M - 2022

SECTION A | ORGANIZATION/COMPANY PROFILE

5 | P a g e

SECTION A | ORGANIZATION/COMPANY PROFILE

6 | P a g e

CHUCK STEPHAN, PE

PRINCIPAL-IN-CHARGE / PRINCIPAL ENGINEER / PROJECT MANAGER

DIRECTOR OF CONSTRUCTION MANAGEMENT DIVISION

LEAD CIVIL DESIGN ENGINEER, QA/QC

Mr. Stephan has 40 years of experience in engineering, design and project management on projects for many municipalities and private firms. He has diverse project experience in planning, design, management, and construction of transportation, educational, institutional, industrial, aerospace, municipal, residential and commercial projects. Mr. Stephan works in multiple capacities as Principal-In- Charge, project manager, project engineer, lead engineer, design engineer, and construction manager/engineer in civil engineering and construction management. • Directs the Construction Management Division.
• Specializes in Project Management, Civil Engineering Design, and Construction Management for municipal Capital Improvement Projects, including pavement design and rehabilitation; ADA improvements; water pipelines; storm drain and sanitary sewers; medians and landscaping; parking lots; site improvements; plan checking; NPDES requirements. • Provides staff assistance to municipal engineering departments on temporary or part-time basis as needed; provide staff training in project management, design, and construction management skills. • Manages various funding sources including local, state, and federal-aid projects; SR2S; SRTS; STPL; various grant applications and reimbursement requests.

Studebaker Road Improvement Project PS&E and Constructability Review, City of Long Beach CA Project Manager/Lead Engineer/CM
1/2023-Ongoing
Construction Cost Est: $36M, 220 plan sheets
Mr. Stephan is leading the KOA team for a Constructability and PS&E Review of the construction and engineering documents for this major improvement project of Studebaker Road and adjacent streets in the City of Long Beach.

Documents include Geotechnical Investigation and Recommendations, Hydraulics and Hydrology Report, planning information, Construction Plans, Specifications, and Cost Estimate. Work started at the 90% plan submittal stage. The project will include rehabilitation and realignment of streets; new pavement, bikeway, and pedestrian facilities along existing and new alignments; traffic signal modifications; drainage and infiltration areas, LID and water quality treatments; street beautification, greenways, hardscaping, landscaping and irrigation; reclaimed water pipeline; ADA compliance; fiber-optic communication lines, and other work.

Lemon Street at Palm Avenue Traffic Signal Installation (SP-4133), City of Orange CA Construction Manager/PM/PIC
11/2020-2/2021
Construction Cost: $344K
The project installed a new fully controlled traffic signal system including decorative poles, signal hardware, footings, conduit, controller, electrical service, video detection, lighting. Associated work will includes improving ramps to current ADA requirements, striping, signing, and utility adjustments. The entire northeast corner will be reconstructed including a new ADA curb ramp. In addition, the work will comply with the City of Orange Old Towne Historic District design standards. The intersection features a “scramble” pedestrian crossing phase to accommodate the large amount of traffic from the adjacent University.

City of Orange: Gabrielle Hayes [email protected] Contractor: DBX, Inc.

EDUCATION
BS, Agricultural Engineering,
California Polytechnic State
University, San Luis Obispo, CA
(1982)

REGISTRATIONS
Professional Engineer (Civil), CA
#C50481 (1993)

Professional Engineer (Civil), HI
#PE-8432(CE) (1996)

YEAR ENTERED PROFESSION
1982

SECTION A | ORGANIZATION/COMPANY PROFILE

7 | P a g e

KEVIN HIGGINS

SR CONSTRUCTION MANAGER

Mr. Higgins has over 30 years of experience in the construction industry that enables him to work independently or under the direction of others. Placing a strong value on teamwork, he has worked closely with engineers, contractors, designers, landscape architects, agency staff, and other inspectors to resolve field issues. As a Project Manager/Supervisor and Inspector, he has successfully ran large-scale jobs, in excess of $80 Million, and supervised crews of up to 50 people on over 20 park-sites, 25 roadway widening projects, over 50 land development community infrastructure projects that included concrete and DG bicycle and walkway trail systems, LMD, CFD, HOA and public landscaped areas for numerous cities and agencies throughout Southern California. Skills: Plan review, permi t processing, contract administration, construction management and inspection, verification of materials, completion of daily reports, scheduling activities, staff supervision, quality control, progress reports, labor compliance, agency coordination, project reports, bid process, pre-construction meetings, utility coordination, inspection procedures, surveying and office engineering, Scheduling; Microsoft Projects, Primavera, Expedition Contract Manager and MS Office Suite. Technical knowledge: Municipal projects, roadways and bridges, land development communities, commercial buildings, flood control channels and basins, infrastructure and dry utility systems, and residential housing.

In depth knowledge of CALTRANS Standard Plans and Specifications and road, infrastructure, SWPPP construction practices. He also speaks Spanish.

Foothill Boulevard Master Plan Improvement Project, City of Claremont – Construction Manager: The project consist of 3.1 miles to construct numerous improvements of the Foothill Boulev ard Master Plan which includes traffic control, clearing and grubbing, roadway excavation, removal and replacement of curb and gutter, sidewalks, and driveways, Class 2 and Class 4 bicycle lanes, 10 concrete bus pads and shelters, concrete cross gutters, a lley way driveways, local depressions, parkway drains, pavement improvements, walls, storm drain work that includes variou s RCP, catch basins, manholes, cobble bio-retention basins, drywell underground storage, traffic signals, street lighting, landscaping and irrigation, and the installation of bus shelters and furniture and amenities, trellis structures, monuments signage, and full landscaping. Mr. Higgins oversaw the entire project for the City, conducted weekly project meetings, managed staff and budgets; negotiated, approved, and processed change orders, maintained project files, labor compliance, balanced 7 funding sources, met with City officials and town residents, reviewed all submittals and RFI’s, coordinated with City project manager and City Management from various departments, completed weekly and monthly reports, verified quantities, coordinated any soils testing, attended City meetings, and coordinated with the contractor while assisting in re-design of numerous survey errors on the plans for this $14 Million project.

City of Corona – On-Call Construction Management and Inspection Contract 2012 – 2018. Construction Manager on this ongoing On-Call contract for the City of Corona which has included the City Park Reclaimed Water and Street improvements, Smith Avenue Smith Avenue Water Line Project, Rincon Water Line Upgrade and Installation, Palisades Apartment Complex onsite and offsite improvements, Renaissance Tract Development, Encanto Apartment Infrastructure project, Excel Business Park, and other projects since July of 2012. The projects consisted of ductile iron water and sewer lines, underground storage tanks, storm drain systems, cross gutter, curb and gutter and sidewalk improvements, trench repair, grind and overlay, street lighting and traffic signals, and other rehabilitation improvements of public and residential streets throughout the City. Mr. Higgins was responsible for reviewing plans and specs, pre-construction meetings, weekly project meetings, providing construction inspectors, approving quantities and invoicing, direct communication with City staff for project details, project documentation and cl ose-out reports.

City of Brea – On-Call Construction Management and Inspection Contract Construction Manager part time on the City’s On-Call contract that oversaw and provided construction inspections for the following projects:

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8 | P a g e

DAVINA BUENAVISTA, EIT

PROJECT / CONSTRUCTION MANAGER

Ms. Davina Buenavista has over 27 years of experience in public works and has managed a variety of capital improvement projects and maintenance programs from inception to completion, including planning, development, design, and construction.

Davina has completed numerous projects that involved roadway construction, traffic signal installations and upgrades, median and parkway landscape installations and maintenance, recreational park construction, utility (storm drain, water, and sewer) improvements, and building facilities upgrades and maintenance.

RELEVANT EXPERIENCE

Residential Street Rehabilitation Project Cycle 2 Phase 3, Job No. 40190, Redondo Beach, CA
Construction Manager. This $4.5 million project included pavement reconstruction and resurfacing of roadways and alleyways, concrete sidewalk, driveway, curb and gutter repairs, construction of dry wells for street drainage, upgrades to 100 curb access ramps, various utility adj ustments, installation of new traffic and street name signs, and roadway pavement striping and markings. Davina was responsible for coordinating the project with the City, Contractor, Inspector, Utility Agencies, Caltrans, and the public, overseeing the In spectors’ work, ensuring compliance with the project plans, specifications, and applicable standards, reviewing submittals, RFIs, and change orders, budget oversight, tracking contract pay quantities, reviewing Contractor invoices, document control, and project closeout.

Citywide Slurry Seal Project, Phase 2, Redondo Beach, CA Construction Manager. KOA provided construction management and inspection services for this $775,000 pr oject. The general scope of work included minor dig-outs, crack seal, slurry seal, and pavement striping and marking on residential and collector streets. Davina was responsible for project coordination with the City, Contractor, and Inspector, monitoring the Contractor’s schedule, reviewing submittals, RFIs, and change orders, docum ent control, preparing Weekly Statements of Working Days, providing weekly project status reports, tracking contract pay quantities, reviewing Contractor invoices, and project closeout.

Country Lane Street Rehabilitation, Brea, CA
Construction Manager. This $300,000 project resurfaced AC pavement streets throughout the Country Lane Tract, constructed ADA curb ramps, and repaired concrete curbs, gutters, and sidewalks. Davina was responsible for project coordination with the City, Contractor, and Inspector, managing the project schedule and budget, overseeing the work of the Inspectors, document control with the agency’s web-based software, reviewing submittals and RFIs, negotiating change orders, tracking contract quantities, reviewing Contractor invoices, responding to public questions and concerns, and project closeout.

Ramona Boulevard Rehabilitation STPL-5210(025), El Monte, CA Construction Manager. This $2.5 million federally funded project included ADA curb ramp installation, new sidewalk, curb and gutter, new landscaping, construction of stormwater retention bio basins, medians, asphalt concrete pavement mill and overlay, installation of signs, and roadway striping and markings. Davina assisted with construction management and project closeout.

EDUCATION
BS, Civil Engineering, Loyola
Marymount University
Los Angeles, CA

CERTIFICATIONS
Engineer-in-Training (CA),
Civil, CA #XE096552

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KELLI O’CONNOR

CONSTRUCTION MANAGER/RESIDENT ENGINEER

Ms. O’Connor is a State of Colorado licensed Professional Engineer with 20 years of combined resident engineer, project management, mechanical inspection, assistant electrical inspection, civil engineer ing, and construction management experience in street, water and wastewater treatment plant, pump s tation, park and pipeline projects. Prior to joining KOA, she worked for 15 years with Black and Veatch.

City of Anaheim – Dwyer Dr., Lincoln Ave. & Dahlia Dr. Water Main Replacement (2022): Construction Management / Resident Engineer for design - build wat er system improvements and replacement at three locations within the City, includ ing pavement and PCC repairs. Coordinate with City staff, Contractor, and stakeholders. 350 calendar days.

City of Brea – Walnut Avenue -Orange-Juniper Street Water Improveme nts, South Brea Neighborhood Water Main Replacement, and South Brea Sewer Repairs Project CIP No 7454, 7466 & 7426 (2022): Lead Construction Inspection for water system improvements, replacement, and sew er repairs at various locations within the City, incl uding pavement and PCC repairs. Coordinate with City staff, Contractor, utility companies, and residents.

City of La Habra – Staff Engineering and Project Management Services (7/2021-12/2021): On Call Staff Engineering and Project Management to support the City’s annual pavement rehabilitation, alley beautification, slurry seal, wat er improvements, and other CIP projects.

City of Anaheim – Linda Vista Complex Pump Station Improvements, Phase 2, Anaheim, CA (12/2019 -6/2021): Resident Engineer/Lead Construction Inspector .

KOA provided full -time construction management and inspection s ervices for this project that constructed extensive upgrades to one of the City’s main water supply facilities, inc luding the demolition and removal of abandoned on -site facilities, replacement of existing pumps, replacement and reconfiguration of high vol tage electrical equipment, facility controls and instrumentation enhancements, construction of a new building for t he pump station electrical and controls equipment, site security upgrades; and other various site improvements. Ms. O’Connor’s responsibiliti es included construction management and inspection; preparing daily project summaries; coordinating daily inspections; scheduling special testing and material testing service; monitoring contractor’s progress schedule; document control for daily inspection reports and material delivery tickets ; verifying pa y quantities; overseeing site safety; and ensuring updated as-built plans. Project Cost: $9M USD. KOA Contract Value: $695,000 USD.

City of Pico Rivera – Pio Pico Park Improvements, Pico Rivera, CA (6/2019-12/2019): Assistant Construction Manager. The Pio Pico Park project converted a 2.4 acre elementary school field into a community park through the following improvements: construct a 1,000 linear foot decomposed granite track, modify and upgrade the exi sting irrigation system, replace boundary fence with decorative fencing, install solar light poles, install new landscapin g and trees, and install picnic tables on new concrete pads. Mrs. O’Connor’s responsibilities included management of DSA - certified in spections subcontractor, inspections invoices review , inspector budget management, document control assistance, constructi on meeting support, contractor pay application review, and project closeout assistance. KOA Contract Value: $542,000 USD.

EDUCATION
MS, Civil Engineering,
Colorado State University
BA, Chemistry,
Southern Oregon University
BS, English,
Southern Oregon University

REGISTRATIONS/

CERTIFICATONS
Colorado Professional Engineer
(PE), 0047273 (2012)
10-Hour Cal OSHA, 1530482
(2015)
FEMA Public Assistance Program
Project Specialist (2011)

YEAR STARTED WITH FIRM:
2017

GENERAL EXPERIENCE:
• Civil Engineering
• Construction
Management
• Mechanical Inspection
• Electrical Inspection
• Capital Improvement
Projects
• Streets
• Water & Sewer Systems
• Treatment Plants
• Pump Stations
• Water Reservoirs
• Lift Stations
• Park

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10 | P a g e

STEVE DEONARINE

CONSTRUCTION MANAGER

Mr. Deonarine has 15 years of construction and supervision experience on complex construction projects and as a contractor. He joined KOA Corporation in 2022.

The PENTA Building Group
Construction Project Manager
January 2020 – April 2022 Las Vegas, Nevada
Oversaw the coordination and selection of subcontractors who work on building of San Manuel Hotel & Casino project. Reviewing the drawings, engineering and designer & finishes to ensuring that all regulations and specifications are being followed. Responsibility of proper construction and administration contracts, de - scoping with subcontractors, and gathering all specialty licenses and permits.

Tracking and controlling the construction schedules and the associated costs for achieving project completion within the budget and time allotted. Supervising immediate subordinates to manage, staff and schedules that are related to the daily construction issues of a project. Reviewing progress reports, project schedule, checking on reported difficulties and coordinating with the safety team to correct any violation or other deficiencies.

The Austin Company
Construction Project Manager
June 2018 - January 202) California
Provide operational support for pre-construction services and bidding process to include preparing cost estimates, generating scopes of work, preparing preliminary schedule and site logistics. Lead and prepare change proposals, negotiate, execute, and issue change orders to subcontractors and others; prepare revisions to the budget due to change orders. Review of submittals, shop drawings, and requests for information (RFI’s), including coordination with contract documents.

Far West Contractor Corp.

Senior Project Manager
August 2017 - June 2018 California
Managed and integrated employee and mid-level management within the company and awarded projects, including planning, analysis, project administration, engineering, construction, and Plant & Logistics. Develop and execute integrated organizational plans, policies and procedures, safety plans, business development and technical strategies, goals, objectives. Managed Project Engineers, Bid Coordinators, scheduling work assignments, training, and performance appraisals.

Angeles Contractor Inc.

Construction Project Manager
June 2012 - August 2017 California
Directed and supervised work of project administration, project superintendents, and engi neers to establish operational priorities and maintain satisfactory relationships with owners, subcontractors, and Unions Reps, etc. Enforced project reporting requirements, Public works and Prevailing wages requirements and documentation.

Managed critical issues within high security working environments. Assume overall accountability for jobsite safety and quality. Interface with project County and State Officials (Sherriff, Fire & Court Officers)., IOR's, Owner Reps, contractors, architects, engineers, Design team and OSHPD Inspectors.

EDUCATION
Mt. San Antonio College
Associate of Arts and Sciences -
AAS, Civil Engineering · (2010 -
2012)

EDUCATION
Construction Management
Project Control
Cost Control

CERTIFICATIONS
Procore Certified: Project
Manager (Quality & Safety)
Procore Certified: Project
Manager (Resource
Management)
Procore Certified: Project
Manager (Project
Management)
Procore Certified: Project
Manager (Financial
Management)
General Building Contractor
(Class B)

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GORDON D. ROBERTS

SENIOR CONSTRUCTION INSPECTOR

Mr. Roberts has over 40 years of energetic, reliable strong commitment to professional work ethic, and diverse experience in progressively responsible positions from heavy equipment operator to superintendent to general engineering & building contractor including multiple trades contractor to project designer and inspector. Years of experience working with a paving and slurry contractor. Mr. Roberts interacts at top management levels with input into planning, safety, goal setting, operations, policy decisions. and building code implementations. Mr. Roberts possesses authoritative knowledge of building codes and regulations, plan reading and interpretation, multiple trades and overall respected construction practices. Mr. Roberts interacts with architects, engineers, general contractors, inspectors, other supervisors and the public. Mr.

Roberts conveys excellent communication and interpersonal skills; interacts well with widely diverse groups; easily gains confidence and cooperation; additionally, bi-lingual utilization of his construction / conversational Spanish proves a strong field communication asset. Mr. Roberts has managed crews of 30+; stressing quality work and safety. Hired, trained, and developed crews to work independently with continued priority to safety situational awareness.

Foothill Boulevard Improvement Project, Claremont, CA - The project constructed 3.1 miles of major arterial improvements for the Foothill Boulevard Master Plan. The work included traffic control, clearing and grubbing, roadway excavation, removal and replacement of curb and gutter, sidewalks, and driveways, Class 1, 2 and 4 bicycle lanes, 10 concrete bus pads and shelters, concrete cross gutters, alley way driveways, local depressions, parkway drains, pavement improvements, walls, storm drain work that includes various RCP, catch basins, manholes, cobble bio retention basins, drywell underground storage,6 traffic signals, street lighting, landscaping and irrigation, and the installation of bus shelters and furniture and amenities, trellis structures, monuments signage, and full landscaping. KOA oversaw the entire project for the City, conducted weekly project meetings, managed staff and budgets; negotiated, approved, and processed change orders, maintained project fi les, labor compliance, Caltrans, Edison, and multi-agency coordination balanced 7 funding sources, met with City officials and town residents, reviewed all submittals and RFI’s, coo rdinated with City project manager and City Management from various departments, completed weekly and monthly reports, verified quanti ties, coordinated any soils testing, attended City meetings, and coordinated with the contractor while assisting in re -design of numerous survey errors on the plans for this $14 Million project.

City of Rancho Mirage On-Call Inspections Contract – Land Development and Public Works Projects, City of Rancho Mirage - Construction Inspector: Mr. Roberts oversaw the rough grading operation, installation of VCP Sewer Main, storm drain with storm drain and sewer manholes, wyes and laterals, 8” – 12” ductile iron water line, curb and gutter, cross gutters, sidewalk, paving grading and base paving on two land development projects. Mr . Roberts maintained Daily reports, attended meetings, kept photo documentation, coordinated with the City, design engineer, and materials testing staff to ensure that the project was built in accordance with the project plans and specifications.

EDUCATION
California State Contractor
Trade School & Licensing –
General (A)/Engineering (B)/ plus
Specialty Trades & Certifications
Operating Engineers, Local 12-
Journeyman Training- Certified
HAZ-MAT Handling, Safety
Management, Equipment
Operator for Infrastructure
Earthwork, Grade Checking & Plan
Take-off, Heavy Equipment
Mechanical Repair, Maintenance
& Safety Practices.

Trade & College Courses –
Drafting & Plan Design,
Metallurgy Safety, Welding,
Cutting & Compressed Gas
Practices, Basic Spanish
Computer Software- Structure
Studios: Vip3D Pool Studio &
VizTerra, AutoCad, MS Office
Suites, Corridor:Asset Maintenance
& Repair Tracking Management.

YEAR STARTED WITH FIRM:
2017

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RICK KERRIGAN

SENIOR CONSTRUCTION INSPECTOR
Mr. Kerrigan has over 30 years of experience in public works construction, inspection, and oversight on various sewer, water, storm drain, and street improvement projects. Mr. Kerrigan worked for the Cucamonga Valley Water District for nearly 30 years where he was the lead inspector on numerous capital improvement projects. He oversaw small to large capital improvement projects, including the construction of new water and sewer lines, pump stations, wells and other public works facilities that pertain to water distribution and sewer systems, as well as land development and infrastructure improvement projects.

City of Brea – Country Lane Street Rehabilitation: Construction Inspector. KOA provided construction management and inspection services. The project resurfaced AC pavement streets throughout the Country Lane tract, constructed ADA curb ramps, and repaired concrete curb, gutter, and sidewalk. Mr. Kerrigan’s responsibilities included overseeing the contractor’s daily work, providing inspections, preparin g daily construction reports, coordinating project with the contractor, engineer, and various Cit y departments, reviewing plans and specification, scheduling material testing, maintaining as -built plans, reviewing contractor invoices, and assisting with pr oject close out. Construction Cost:
$300,000. Reference: City of Brea, Raymond Contreras, 1 Civic Center Circle, Brea, CA 92821, Email [email protected], Phone (714) 671 -4411. Designer: Ardurra, Contractor: Gentry Bros., Inc.

City of Brea – Eagle Hills Tract Water Improvements: Construction Inspector. Mr.

Kerrigan completed this water improvemen t project that replaced and upgraded existing water mains and service lines, constructed ADA curb ramps, and resurfaced streets throughout the residential trac t. He was responsible for overseeing the contractor’s daily work, providing inspections, preparin g daily construction reports, coordinating with the contractor, engineer, and various City departments, reviewing plans an d specifications, scheduling material testing, maintaining as -built plans, reviewing contractor invoices, and assisting with project c lose out. Construction Cost: $3M. Reference: City of Brea, Steve Kooyman (Interwest), Email [email protected], Pho ne (530) 318 -1066. Designer: Kabbara Engineering, Contractor: T. E. Roberts, Inc.

City of El Monte – Ramona Boulevard and Valley Boul evard Intersection Improvement Project: Construction Inspector.

City of Corona – Sierra Bella Development Project: Construction Inspector. Mr.

Kerrigan worked on this development project that included 1,000 LF of 8” VCP sewer main line and 4 manholes, 1,000’ LF of 16” ductile iron water main line and 5 fire hydrants, 1,000’ LF of 12” ductile iron re-claimed main line, and 30’ LF of 18” storm drain, asphalt concrete grind and paving, curb and gutter, sidewalk. Mr.

Kerrigan’s responsibilities included daily inspections and completing daily construction reports; coordinating with the Water Department and the City, the engineer a nd the contractor; maintaining files; reviewing plans and specs; and maintaining an electronic photo log and as-built plans.

EDUCATION
Some College Courses
Public Works Construction
Inspection and Procedures
Water Distribution Operator
Collection System Technology
Water Treatment Plant Operator
Waste Water Treatment Plant
Operator
Basic Well and Booster Pumps
Introduction
Safety Management Specialist
Welding Safety, Welding,
Cutting and Compressed Gas

CERTIFICATIONS
Grade 4 Water Distribution
Grade 2 Collections System
Technology
Certified Occupational Safety
Specialist (COSS)
Certified Safety Management
Specialist (CSMC)
Competent Person OSHA
Confined Space Awareness,
Operations, and Rescue
Traffic Control and Flagger
Safety
First Aid and CPR/AED
Underground Service Alert
Backhoe Operator Training
Fall Protection
Ariel Work Platform and IVES
Trainer
Forklift and IVES Trainer
FEMA Courses
IS-00100.PWb, IS-00200.b,
I-300, IS-00700.a, IS-00701.a,
IS-00703.a, IS-00704, and IS-
00800.b

YEAR STARTED WITH FIRM:
2016
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DANIEL H. CHAPMAN, JR.

SR. CONSTRUCTION INSPECTOR

Mr. Chapman has over 25 years of experience within civil engineering as a construction inspector, pavement engineer and construction materials manager. He has worked on a variety of projects that has included, Federal Highway Administration, Federal Aviation Administration, California Department of Transportation, Various Counties, City, and Special Districts.

With an extensive knowledge of State and Federal Highway procedures including Site Management, Pay Estimates, Documentation and Project Specifications. Past inspection/office engineering projects included various roadways, bridges, airport runways and taxiways, asphalt and concrete pavements, asphalt overlay, review of shop drawings, and observation. His experience includes construction management, contract administration, staff augmentation, plan checking, design constructability and bid ability review.

City of Palm Springs, 2022-present
Traffic Signal ITS Project Inspection Services
Provided inspection for installation of HSIP funded traffic signal ITS improvements

City of Eastvale, 2022
Permit Inspection Services
Provided inspection for public works and permitted projects

On Call Inspection, City of El Segundo
Construction Inspector
Provided construction inspection and permit adherence inspections

City of South Gate, Imperial Hwy Street Improvements
Construction Inspector
Provided construction inspection of water, sewer, roadway asphalt, concrete driveways, sidewalks and curb and gutter

City of Pasadena
Construction Inspector
Provided construction inspection of street light replacements, communication utilities including cell antennae

City of Carson
Construction Inspector
Provided construction inspection of gas line trench operations, utilities, street improvements which included islands, concrete pavement and asphalt restoration.

City of Corona
Construction Inspector
Provided construction inspection of sewer lines

EDUCATION
BA, Pacific Coast Baptist Bible
College, 1995

YEAR ENTERED PROFESSION
1995

CERTIFICATIONS
NICET Level III (Soil, Concrete,
Asphalt)
Caltrans Certifications for Soil,
Concrete and Asphalt
ACI
Strength Testing Technician
Lab 1& 2

Metrolink Railroad Safety
Orientation Constructor Safety
Training #24895B21

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JOE RUBALCABA
SR. CONSTRUCTION INSPECTOR

Project Homekey, City of Culver City (2 Projects)
Renovation of two motels to provide housing in Culver City under the State of California Homekey program. The project is providing for complete renovation of all rooms to meet current code requireme nts and provide stipulated amenities. This site includes rehabilitation of open areas, parking, and pool refurbishment at 3868 and 3900 Sepulveda Blvd in Culver City.

Project Cost: $26.6M
Date of Contract: 2022 - present
Date of Completion: Projected constructed completion date late 2022

Clinton Keith Road / I-215 Interchange Landscape Improvement Project, City of Murrieta (2018 – 2022):

Construction Inspector - The City of Murrieta is currently completing improvements and to construct landscape improvements at the Clinton Keith Road and Interstate 215 interchange. Improvements include rock blanket, gravel mulch, concrete mow curbs, concrete, drainage, irrigation systems including drip applications, planting including trees, shrubs, ground covers, and hydroseed; wood mulch, lighting and electrical improvemen ts. Mr. Rubalcaba is responsible for daily inspection reports, constructability review, schedule review, invoice review and approval, attending bi-weekly meetings, project and agency coordination, Caltrans coordination, change order assistance, project files and reports, extended maintenance for 3 years.

I-10 Riverside Avenue Landscaping Improvements, SANBAG
Mr. Rubalcaba was the Assistant Resident Engineer who provided landscape construction inspection services overseeing the highway planting and irrigation portions of this contract. Tasks include day-to-day inspection and oversight of current construction operations and workmanship, material inspection for conformance with the project specifications, pay estimate quantities, contract document interpretation and enforcement of Caltrans standard specifications and plans. Other responsibilities included coordinating landscape inspections with Caltrans Encroachment Permits, coordinating lane closures with the contractor, conducting labor compliance interviews, daily photographic records, and preparing daily reports.

215 Freeway Widening, Segments 1 & 2, SANBAG
Mr. Rubalcaba was the Assistant Resident Engineer who provided landscape construction inspection services overseeing the installation of rock blanket, concrete curbing, and landscaping on this contract. Tasks include day-to- day inspection and oversight of current construction operations and workmanship, material inspection for conformance with the project specifications, pay estimate quantities, contract document interpretation and enforcement of Caltrans standard specifications and plans. Other responsibilities included coordinating traffic closures with the contractor, conducting labor compliance interviews, daily photographic records, and preparing dail y reports.

State Route 215 Widening Project, SBCTA / Caltrans
Mr. Rubalcaba was the Assistant Resident Engineer who provided landscape construction inspection services overseeing the highway planting and irrigation, concrete curbing, and rock portions of this contract. Tasks include day- to-day inspection and oversight of current construction operations and workmanship, material inspection for conformance with the project specifications, pay estimate quantities, contract document interpretation and enforcement of Caltrans standard specifications and plans. Mr. Rubalcaba was also responsible for inspecting the installation of permanent erosion control type ‘D’. Other responsibilities included coordinating lane closures with the contractor, preparing contract change orders and force accounts for landscape extra work, conducting labor compliance interviews, preparing daily reports and tentative agreements for contract change order work, and conducting closeout inspections for landscape and irrigation installations.

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Company Size

KOA has 100 employees

KOA currently has a roster of 14 Construction Inspectors and 8 Construction Managers.

Location of office from which the work under this contract will be provided and the staff allocation at that office

KOA Ontario Office
3190 Shelby Street, Bldg. C
Ontario, CA 91764
(909) 890-9693

The KOA Ontario office has a staff of six technical personnel, and serves as the base for eight of our Inland Empire Construction Management and Inspection personnel.

Controlling or financial interests in any other organization, or ownership or control by any other person or organization

KOA Corporation is a California C Corporation wholly owned by HW Lochner, Inc. (hwlochner.com).

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Description of Work
The City of Jurupa Valley is seeking a qualified professional services consultant to provide as-needed On-Call Construction Management and Inspection services for CIP Projects for the City’s Public Works Department.

Anticipated projects could include work on City buildings, parks, trees, streets, curb ramps, traffic signals and utilities. The City requires the service of professional Construction Managers (CM) and Construction Inspectors (CI) to provide as-needed full inspection services for upcoming public works projects through a three year contract, with two optional one-year extensions.

Typical CM/CI project tasks may include:
• Construction Management and Inspection for Public Works Improvement Projects • Preparation of Construction Daily Reports
• Preparation of Monthly Constructed Quantity Forms
• Preparation of Required State/Federal Forms
• Monitor site for plan, specification, and permit conformance. • Coordinate and facilitate preconstruction meetings.
• Prepare Weekly Statement of Working Days Reports.
• Enforce contract required environmental compliance.
• Enforce contract required traffic control compliance. • Enforce dust, storm water discharge and noise compliance. • Maintain complete project files.
• Respond, log, and process Requests for Information (RFIs). • Facilitate project coordination meetings at work site. • Monitor and advise staff on project schedules.
• Receive, log, review, and distribute submittals for approvals. • Review for legitimacy, and process change orders.
• Dispute resolution.
• As-Built progress checks to be done monthly, including close out As-Builts. • Annotate construction photos.
• Ensure improvements comply with the American with Disabilities Act. • Coordinate construction completion walk through, establish and maintain punch list, complete and process Notice of Completion Forms.
• Monitor warranty services.
• Monitor construction site safety.
• Ensure proper State and Federal posters and/or project signs are on jobsite. • Complete and process contract evaluation performance forms. • Maintain Resident Engineer Diary

Pre-Construction Activities: KOA can provide a detailed preconstruction review of the project area, plans, specifications, and estimate to become familiar with the project prior to construction. We will assemble a collection of pre-construction photographs of the work area. KOA can conduct a constructability review of the project by our experienced construction management staff to identify potential problem areas prior to beginning construction activities. We will coordinate with City staff to develop the appropriate project reports, activities, and procedures required for inspection. We will develop a list of project stakeholders for coordination, notification, and emergency response if needed.

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Schedule Control: During the progress of construction, KOA will coordinate with the project manager regarding schedule status, changes, and projections. We will coordinate for needed overtime and special shift assignments, and provide additional inspectors as needed.

Progress Payment Processing: KOA will track project quantities installed and report completed work to the City.

We will collect and transmit material certificates, test results, and other project documentation.

Materials Testing Coordination: KOA will coordinate with the contractor and materials testing firm to verify quality assurance materials testing compliance of the work with the contract documents. We will review test reports submitted by others to substantiate compliance and ensure that Certificates of Compliance or source release tags are furnished by the Contractor along with the applicable delivered materials at the project site.

Final Inspection: All corrections must be made before KOA recommends acceptance of the project. We will develop and maintain a continuing punchlist of remaining and corrective work items. Upon completion of the punch list and final sign off by all project stakeholders, KOA will make a recommendation regarding final acceptance.

Delivery of As-Builts and Close-Out Documents: KOA will assist the Contractor in maintaining a field set of “as- constructed” plans to be updated daily and delivered to the City upon project completion. KOA will continually document changed field conditions and not rely on the Contractor to document “as-constructed” conditions. KOA will report and photograph field condition changes. KOA will review the Contractor's submittal of “as-constructed” conditions and compare this submittal to KOA’s own documentation. Discrepancies will be discussed, resolved and recorded. Completed “as-constructed” plans will be submitted to the City.

KOA will provide full-time Construction Inspection (CI) services (8 hours per day) with our experienced inspection staff. KOA has adequate alternate resources to provide additional and backup support services as needed. The designated CI will provide for the following efforts:
• Perform daily on-site observations of the progress and quality of construction • Ensure work by the contractor conforms with the contract documents • Attend project-related meetings, including pre-construction meeting, weekly project meetings, and daily project meetings with contractor.
• Be thoroughly familiar with the project Plans and Specifications, City standards, Standard Specifications, and Standard Plans.
• Monitor traffic control, BMP’s, USA and traffic control measures. • Coordinate material testing services and monitor testing results. • Monitor and verify survey monumentation compliance
• Maintain project diary
• Ensure contractor maintains updated as-built drawings • Immediately notify the City of any directives, recommendations, or notices from other agencies. • Exercise reasonable care and diligence to discover and promptly report to the City all defects or deficiencies in the materials or workmanship used in the Project. • Coordinate with City staff and dispatch emergency services; residents; waste disposal, and other stakeholders.
• Coordinate with utility agencies.

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18 | P a g e

• Provide for Public Outreach.
• Prepare daily inspection reports with the following items and transmit them to the City:
o Labor (trade and classification)
o Hours worked
o Equipment used
o Description of activities
o Quantities constructed
o Problems, issues, accidents, disputes, claims
o Directives and field orders
o Stormwater protection
o Materials delivered and/or incorporated into the
work
o Safety measures and issues
o Traffic control measures
o Weather
o Photographs

Services for construction inspection will implement controls in accordance with the project Contract Document, Plans, and Specifications, Manual of Uniform Traffic Control Devices, Greenbook Standard Specifications and Standard Plans for Public Works Construction, Caltrans Standard Plans and Specifications, and the Caltrans Local Procedures Manual. KOA considers safety the most important issue on any construction project. KOA will recommend key safety provisions to require the contractor to have competent safety personnel and site specific safety programs employed on the projects at all times. The Inspector will monitor the contractor’s operations for compliance with the project safety requirements.

KOA will coordinate laboratory, jobsite, and offsite testing of construction materials and required observations per construction documents, construction codes, and jurisdictional agencies. KOA will implement established procedures for testing per the construction documents. We will monitor testing services, track documentation and record testing results in weekly construction progress meetings. KOA will require and track that corrective measures are implemented and re-inspected for acceptable completion.

KOA will assist the City in closing out the project, including:
• Development of the construction “punch list” and “punch list” schedule of remaining work • Verification that all work is complete and performance of final inspection • Final project photographs
• Verification of material testing compliance and remedial measures • Verification of survey monumentation compliance
• Submittal of As-Built plans
• Review final progress payment quantities
• Delivery of project files to the City (in printed and digital format).

KOA has several qualified inspectors available, each with their own specialties as needed. We have additional staff who specialize in landscape and irrigation, traffic signals, etc. who can provide additional specialized inspections if needed, and inspectors who can provide backup services for vacation, sick leave, night, and weekend work. KOA will provide the required full- or part-time services as needed for scheduled projects.

KOA’s inspectors are backed up by our civil and traffic engineers and construction managers who can provide additional plans and specification review, constructability reviews, and consultation for technical and construction issues that may arise.

Procedures: KOA will provide construction management and inspection services in accordance with the City specified processes and procedures. KOA’s inspectors are provided with cell phones, laptop computers, and the SECTION B | DESCRIPTION OF SERVICES

19 | P a g e

equipment necessary to provide the required services. We have tablet computers that we can configure to match the City’s reporting systems if needed. As a guideline, we typically follow the Caltrans LAPM in setting up our report format. Our reports include daily photographs of site work and incidents.

Duties: The Construction Managers and Inspectors will perform duties as designated by the City’s Project Manager(s). Tasks will typically include daily consultation with City PM staff, coordination with the Contractor and affected parties (stakeholders, property owners, utilities, testing firms), daily inspection and reporting, verification of materials, conformance with approved submittals, monitoring of site safety, monitoring of SWPPP/BMP compliance, daily photographs, incident reports, RFI/CO coordination, plan and specification conformance, recording of labor, equipment and materials, attendance at meetings, maintain red-line drawings, and other related duties.

Conformance: The CM/CI will ensure conformance with the provided and required City, State and Federal requirements, permit conditions, SWPPP/BMP, ADA and other required conditions. Verify conformance with approved Traffic Control and Safety plans.

Stormwater Monitoring: KOA will enforce provisions of the Storm Water Best Management Practices. Any deficiencies noted will be addressed with the contractor for immediate remedy. Upon a weather report of 40% (or higher) expectancy of rain, a site walk will be conducted to ensure that BMP measures are in place and well maintained.

Coordination With Stakeholders: KOA will work with affected users as needed to resolve their concerns, review potential accessibility issues, and ensure installation of traffic control devices, phasing, notifications, and closures per approved plans.

Review Construction Traffic Control: KOA can review construction traffic control to ensure protection of the traveling public during the construction operation; monitor the traffic control so that there is minimal disruption to traffic and access to local business operations; provide safe access for pedestrians and vehicles during the construction operation; and provide for traffic control phasing to efficiently facilitate the completion of the construction operation. We will record details of any traffic related incidents that occur.

Problems & Solutions: KOA’s proactive approach serves to anticipate and expeditiously resolve field problems. Our Team is well trained in problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and recommended solutions. KOA can quickly implement the alternative that suits the best interests of the project and the City.

Monumentation: KOA can verify removal, recordation notes, and replacement of all survey monumentation by the Contractor. Survey monument restoration is the contractual responsibility of the Contractor, but the City Is responsible to provide for protection or replacement of survey monuments. Replaced monuments shall be mapped and recorded with the County Surveyor.

Prevailing Wages: KOA’s Construction Inspectors are paid the current prevailing wage rates no matter the status of the project (public or private). We ensure compliance with federal wage rates for federal-aid projects. All of our inspectors are direct hire. KOA does not participate in 1099 hiring which has been used to circumvent conformance with prevailing wage requirements.

SECTION B | DESCRIPTION OF SERVICES

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KOA Corporation provides added value in our ability to immediately access traffic engineering, civil engineering, and transportation planning stiff within our organization to help clarify or provide detailed responses to technical situations and questions. Our staff are all located within southern California and available in person as needed. We have experience in all southern California counties, most municipalities, and many local organizations.

We recommend performing a Constructability Review of projects during design and prior to bidding and award.

When performing such a review, we look for issues that may be problematic and lead to change orders, delays, or additional costs; value engineering opportunities; potential design issues; and other items that can be addressed prior to causing a problem during construction.

Work Reporting Mechanisms

We will typically work with the City to develop the required reporting and documentation required for a specific project. For example, a permit inspection will be different than a major street or federal-aid funded project. CM reporting will differ from CI reports. Typically a project utilizing CM and CI services will include Pre-construction and weekly project meeting minutes and agenda; Submittals; RFI/RFC/CCO’s; Daily Inspection Report; photographs; incident reports; work completed; weekly CM summary; and other required reports. We will usually interact directly with the City’s designated Project Manager.

Services to be Provided

KOA has the capacity to provide all of the services requested in the RFP, including Construction Management, Construction Administration, Project Management, and Construction Inspection.

Although not listed, Material Testing services are typically required and would be provided by others or separately by the City.

KOA can provide the required labor compliance services. However, depending on the size and complexity, e.g, for a large federal-aid project, KOA may augment its services with a labor compliance specialist if prudent.

Technical Capabilities

KOA is able to provide all of the requested services for this RFP. KOA has over 35 years experience providing construction management and inspection on municipal public works projects in southern California. All of our CM and CI staff are provided with vehicle allowance, PPE, computer/tablet, phone, and all tools necessary to complete their work in the field and office. We have experience with numerous funding sources including private permits, local funds, state and federal-aid funding. We have worked on all facets of public works projects including streets, pipelines, traffic signals, library, police, fire station, city hall facilities, Homekey renovations, and parks.

Required City Services

The City shall provide for preparation of the CIP project bid documents, conduct bidding, and award the project.

KOA can assist as needed. The City shall provide for Material Testing and Surveying services separately or through the Contractor.

SECTION C | HOURLY RATE SCHEDULE

21 | P a g e

KOA’s Hourly rate schedule is submitted separately as per the RFP instructions

SECTION D | PROPOSER’S SIGNATURE PAGE

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SECTION D | PROPOSER’S SIGNATURE PAGE

23 | P a g e

SECTION E | NON-COLLUSION DECLARATION

24 | P a g e

SECTION F | REFERENCES

25 | P a g e

SECTION F | REFERENCES

26 | P a g e

NONE
SECTION G | LICENSE/CERTIFICATES

27 | P a g e

SECTION H | EVIDENCE OF INSURABILITY
28 | P a g e

SAMPLE COI

SECTION H | EVIDENCE OF INSURABILITY

29 | P a g e

www.koacorp.com
Construction Management Services
-14-

EXHIBIT B
F

EE SCHEDULE
Consultant shall perform construction management services for an amount not to exceed $250,000.00 each fiscal year through the term of the Agreement. Consultant’s cost proposal is attached.
2023 3 YEAR HOURLY RATE SCHEDULE
Year ending 12/31 2023 2024 2025
President/CEO $341 $358 $375
Principal II $320 $336 $352
Principal I $273 $286 $300
Senior Engineer II $261 $274 $287
Senior Engineer I $218 $228 $239
Senior Associate Engineer II $170 $178 $186
Senior Associate Engineer I $152 $159 $166
Associate Engineer II $140 $147 $154
Associate Engineer I $121 $127 $133
Senior Designer II $158 $165 $173
Senior Designer I $140 $147 $154
Associate Designer II $122 $128 $134
Associate Designer I $91 $95 $99
Senior Planner II $261 $274 $287
Senior Planner I $218 $228 $239
Construction Management Services
-15-
Senior Associate Planner II $170 $178 $186
Senior Associate Planner I $152 $159 $166
Associate Planner II $140 $147 $154
Associate Planner I $122 $128 $134
Senior Construction Manager $200 $210 $220
Construction Manager $184 $193 $202
Senior Construction Inspector $147 $154 $161
Construction Inspector- Regular Shift (days) $142 $149 $156 Construction Inspector- Special Shift
(nights/Sat)
$148 $155 $162
Construction Inspector- 1.5X Overtime $192 $201 $211
Construction Inspector- 2X OT $242 $254 $266
Construction Inspector- 4X OT $342 $359 $376
Administrative Assistant II $103 $108 $113
Administrative Assistant I $80 $84 $88
Intern $67 $70 $73
Page | 1
120

STAFF REPORT
DATE: AUGUST 3, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 13.F
A

PPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE CITY

OF JURUPA VALLEY, HIGHPOINTE EMERALD RIDGE, LLC, AND

THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT FOR CONSTRUCTION AN D
MAINTENANCE OF BELLTOWN 30 TH STREET STORM DRAINS
STAGE 2 GENERALLY LOCATED ALONG AVALON STREET,
CANAL STREET, CANAL STREET EXTENSION, AND 30TH STREET
RE

COMMENDATION
1) T
hat the City Council approve the cooperative agreement with the Riverside County Flood Control and Water Conservation District (District) and Century Communities of California LLC, (Developer) and authorize the Mayor to sign the agreement.

ACKGROUND
As a condition of approval, the Developer of TM 36947 (Emerald Ridge North) must construct certain flood control facilities in order to provide flood protection and drainage for their project and the surrounding development.

AN
ALYSIS
The Developer and the District are proposing an agreement for the construction of flood control facilities in order to provide the required flood protection for the development. The proposed construction includes large diameter pipes (District Facilities) which will be owned and maintained by the District and which will outlet to existing District facilities (Rubidoux Retention Basin) . The Developer and the District will construct all of the necessary facilities. The City will own and maintain the catch basins, connector pipes, and inlets located within the City right of way (identified as “ CITY FACILITIES” in the cooperative agreement). The City is also party to this agreement as plan review and construction inspection will be conducted by City staff.

RETURN TO AGENDA
Page | 2

The District will calendar the agreement for consideration at the Board of Supervisor’s regularly scheduled meeting upon City approval of this agreement. Prior to the start of construction, a surety will be posted with the City for the Developer Facilities and District Facilities for work described in the agreement.

OTHER INFORMATION

The City Attorney has reviewed and approved the Agreements as to form.

Previous Actions:
• January 19, 2023: City Council approved MA 21060 and TTM 39647

FINANCIAL IMPACT

Plan review and inspection fees will be deposited with the City prior to construction of the facilities. The City will be responsible for the maintenance of the catch basins, connector pipes and inlets within the public right of way. There is no financial impact anticipated other than routine cleaning of catch basins and pipes accepted into the City system as part of subdivision improvements. The catch basin inlet and pipe maintenance annual costs are expected to be minimal.

ALTERNATIVES

1. Take no action.

2. Provide alternative direction to staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

Page | 1
S

TAFF REPORT
D
ATE: AUGUST 3, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER S
UBJECT: AGENDA ITEM NO. 13.G
RE

JECTION OF BID FOR THE PUBLIC WORKS SERVICE TRUCK

RECOMMENDATION
It is recommended that the City Council reject the bid received in response to the Public Works Service Truck Request for Quotes.

BACKGROUND
The City covers 44-square miles and the maintenance of public streets is provided by in- house staff and through outside contracts. The City currently has seven in- house maintenance workers who are responsible for responding to resident requests for service, emergency calls, sign replacement installation, illegal dumping, and related miscellaneous services.

Last fiscal year, Public Works maintenance staff responded to 3,029 service requests for maintenance. Reports of illegal dumping was the single highest request and made up 39% of the total maintenance requests received. The City has been making a reasonable effort to gradually acquire its own vehicles and equipment since its incorporation to ensure efficient delivery of services.

On June 15, 2023, the City Council approved the Fiscal Year 2023/24 City budget, which included funding to purchase one backhoe loader , one replacement service truck, and another service truck with tipping capabilities (dump truck) for the Public Works Department.

ANALYSIS
Currently, two of the service trucks in the Public Works Department are nearing the end of their useful life and need replacement.

RETURN TO AGENDA
Page | 2

City staff published a Request for Quotes for a field truck on July 6, 2023, on PlanetBids, the City’s online procurement system.

The invitation for bids closed on July 14, 2023, and the City received one (1) bid.

Bidder Price
Transwest Truck Center, Fontana $77,392.16

Staff evaluated the bid and determined the bid received by Transwest Truck Center is over the approved budget for this piece of equipment . Staff intends to explore the open market for a more competitively priced unit.

FINANCIAL IMPACT
No financial impact

ALTERNATIVES

1. Accept the Proposal

2. Provide alternative direction to staff

************************** SIGNATURES ON FOLLOWING PAGE **************************

Page | 1

STAFF REPORT
DAT
E: A UGUST 3, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.A
PUBL
IC HEARING TO CO NSIDER ZCA22010: AMEND
REGULATIONS PERTAINI NG TO (1) ACCESSORY BUILDINGS,

TRADITIONAL NEIGHBOR HOOD DESIGN STANDARDS, AND
FENCES, (2) ESTABLISH SETBACKS IN THE R- 2A, R-5, R-A, R-R, R-T, R -D, A -1, A -P, A-2, A -D, W -1, W -2 Z ONES, (3) MAKE DEFINITIONAL CHANGE AND (4) DETERMINE THE PROPOSED

ORDINANCE IS EXEMPT FRO M CEQA PURSUANT TO CEQA
GUIDELINES SECTION 15061 (b)(3) (CONTINUED FROM THE JULY 27, 2023 MEETING)
RECO

MMENDATION

1. That
the City Council conduct a public hearing, receive public testimony, and introduce, and conduct the first reading of Ordinance No. 2023-13, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY , CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA VALLEY MUNICIPAL CODE TO (1)

AMEND REGULATIONS PERTAINING TO DETACHED ACCESSORY

BUILDINGS, TRADITIONAL NEIGHBORHOOD DESIGN STANDARDS,
AND FENCES, (2) ESTABLISH SETBACKS IN THE R-2A, R-5, R-A, R-R, R- T, R -D, A -1, A -P, A -2, A -D, W -1, W -2 ZONES, (3) MAKE DEFINITIONAL

CHANGES PERTAINING TO ACCESSORY BUILDINGS, KITCHENS AND LOTS, AND (4) MAKE A FINDING OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

BACKGROUND
At the June 16, 2022, City Council meeting, the City Council initiated amendments to the Zoning Code. The purpose of these zoning code amendments was to clarify regulations concerning accessory buildings and to add missing setback requiremen ts for certain zones.

RETURN TO AGENDA

Page | 2

During the City Council meeting on August 4, 2022, a comprehensive review was conducted on the Traditional Neighborhood Design Ordinance and its application on recent residential development projects. After analyzing recent projects t hat applied traditional neighborhood design standards, the City Council initiated amendments to the Zoning Code to simplify the implementation of traditional neighborhood design for future projects.

At the May 10, 2023 Planning Commission meeting, proposed changes to the Zoning Ordinance were discussed. However, the decision was continued until June 14, 2023 to allow recommended revisions to the draft Ordinance. The Planning Commission favored most of the proposed changes and gave the following direction:

1. Modify the recommended definition of a kitchen to exclude barbeque patios and allow the use of a refrigerator in a room other than the kitchen.

2. The amendment prohibiting chainlink fences should not be applied retroactively to existing chainlink fences. Exi sting chainlink fences constructed before the Zoning Code Amendment should be allowed to remain, be maintained, and replaced in kind.

At the June 14, 2023 Planning Commission meeting, a revised ordinance was prepared in accordance with the Planning Commiss ion’s previous direction and presented to the Planning Commission. During the public hearing, several residents voiced concern with the proposed prohibition of chainlink fences. Thus, as part of their recommendation to the City Council, the Planning Commission further refined regulations on chainlink and security fence requirements. The recommended ordinance, Attachment 1, would only prohibit chainlink fence, razor wire, chicken wire, and other similar fences within the property’s setback area (front, side, and rear yards) or property line. Furthermore, it includes a provision to grandfather existing chain-link fences built prior to the effective date of the Ordinance (ZCA22010).

Furthermore, the Planning Commission removed the term "or attached cooking facilities" from the proposed development regulation that would restrict the inclusion of kitchens in accessory structures. This modification was made because the word "kitchen" already sufficiently conveys the prohibition, while the zoning ordinance does not have a definition for "attached cooking facility."
Attachments 2 and 3 include copies of the Planning Commission staff reports (without attachments) and minutes for the May 10, 2023, and June 14, 2023 Planning Commission meetings.

ANALYSIS
This report covers the following major components of the proposed Ordinance (ZCA22010):

1. Amending residential accessory building standards

2. Adding setbacks to Zones

3. Updates to definitions

Page | 3

4. Amending walls and fences standards

5. Amending Traditional Neighborhood Design standards

1. Amending Residential Accessory Building Standards
An accessory building is a building that is subordinate to the principal building on a lot or building site. Examples of residential accessory buildings include garages, storage sheds, barns, horse stalls, gazebos, patio covers, and similar buildings which can be either attached or detached from a primary structure.

Section 9.240.290 Detached Accessory Buildings of the Municipal Code was adopted from the Riverside County code when the City was incorporated in 2011. As it stands, this section is overly complex making it difficult for design professionals and homeowners to understand the requirements, so, it requires constant clarification of requirements. For this reason, the proposed amendment reorganizes, simplifies, and updates wording to better clarify the Residential Accessory Building standards and procedures. Please note that Accessory Dwelling Units (ADU) are governed under Section 9.240.290. - Accessory Dwelling Units. These proposed zoning code amendments do not change or effect the current ADU development standards.

The recommended changes to Section 9.240.290 - Detached Accessory Buildings are summarized below:
• Update and clarify development standards to make them easier to understand. • Add standards for attached accessory buildings. The title and intent currently only apply to detached accessory buildings.
• Add an applicability provision to the Accessor y Building section that makes it clear these standards apply to residential accessory buildings. Commercial and industrial accessory buildings are regulated through commercial and industrial zoning standards and other sections of the code.
• Increase the threshold on the size of an accessory building requiring a site development permit (SDP):
● F or lots under an acre, the recommendation is to change it from 650 to 800 square feet.
● For lots over an acre, the recommendation is to change it from 650 to 1,000 square feet or larger.
• These increased building sizes allow more accessory building structures to be permitted through a building permit process, without an SDP, similar to the sizes of ADU’s allowed without an ADU Permit.
• Increase the threshold to require an SDP for lots with an existing detached accessory building from 120 to 240 square feet.
• Add more design flexibility to the standard that requires all accessory buildings over 120 square feet to be architecturally compatible with the primary structure by allowing farming style to accommodate barns and other equestrian, farm, and ranch- related structures.

Page | 4

• Prohibit guest quarters and eliminate the development standards which are no longer necessary because ADU standards that are less restrictive. • Prohibit accessory buildings from including kitchens. • Add standards for ground- mounted solar systems. Ground- mounted solar systems would have to meet the accessory building setback requirements and maximum height standard of 20 feet.
• Clarify that if an accessory building is attached to an ADU, the accessory building shall conform to the accessory building standards, not ADU standards. • Add a waiver application to allow secondary access for a detached garage or carport.

Currently, the code requires accessory buildings to use the same driveway access as the principal structure. The amendment proposes to allow an exception for secondary access for a detached garage or carport through a wa iver application process. The waiver exception would be reviewed by the Community Development Director. An appeal of the Directors’ decision on a secondary access waiver would be reviewed by the Planning Commission. The Director also has the discretion to refer the waiver exception to the Planning Commission.

2. Adding Setbacks to Zones
For twelve zones (R -2A, R-5, R-A, R-R, R-T, R-D, A-1, A-P, A-2, A-D, W-1, and W-2), the Zoning Ordinance does not include a complete set of setback requirements. In some zones, there are no setbacks, and in others, the front, side, or rear yard setback requirements are missing. The amendment proposes to add setbacks where they are not provided. In each case, the proposed setback matches the setback of the most similar zoning districts (in terms of density and allowed land uses). For example, the recommended street side setback for the R-2A Zone (Limited Multiple-Family Dwellings) is based on the adopted setback for the R -2 Zone (Multiple Family Dwellings). Table 1 below provides a summary of the recommended setback in blue italicized text for each of the twelve zones, and the existing setbacks are in black text.

Page | 5

TABLE 1 PROPOSED SETBACKS

MINIMUM SETBACKS MINIMUM SETBACKS

FRONT FRONT FRONT REAR

R-R ZONE (RURAL

RESIDENTIAL)
Proposed: 20 ft Proposed: 5 ft Proposed: 10 ft Proposed: 10 ft For through lots: 20
ft

R-A ZONE
(RESIDENTIAL

AGRICULTURA
L)
20 ft Proposed:5 ft Proposed: 10 ft Proposed: 10 ft
For through lots: 20
ft
R-2A ZONE
(LIMITED

MULTIPLE-
FAMILY

DWELLINGS)
20 ft 5 ft Proposed: 10 ft
except for lots <
50 ft wide; side
shall not exceed
20% of lot width
10 ft
Proposed:

For through lots: 20
ft

Page | 6

ZONE

MINIMUM SETBACKS

FRONT INTERIOR SIDE STREET SIDE REAR

R-T ZONE
(MOBILE
HOME

SUBDIVISION)

20 ft
May be reduced to
10 ft with
community
recreation
5 ft Proposed: 10 ft 5 ft
Proposed: For through lots
same as front yard setback

R-T-R ZONE
(MOBILE HOME

SUBDIVISION-

RURAL ART)
20 ft 5 ft Proposed: 5 ft 5 ft
Proposed: For through lots:
20 ft
R-5 OPEN AREA
(COMBINING
ZONE

RESIDENTIAL

DEVELOPMENTS)
50 ft 50 ft Proposed: 50 ft 50 ft
A-1 ZONE (LIGHT

AGRICULTURE)
20 ft 5 ft Proposed: 10 ft Proposed: 10 ft
For through lots: 20 ft

A-P ZONE (LIGHT

AGRICULTURE

WITH POULTRY)
20 ft;
50 ft for comm.
poultry*
Proposed: 10 ft;
25 ft for
commercial
poultry*
Proposed: 10 ft
25 ft for
commercial
poultry*
Proposed: 10 ft
For through lots 20 ft, 25 ft
for comm. poultry*
A-2 ZONE
(HEAVY

AGRICULTURE)
20 ft 10 ft Proposed: 10 ft 10 ft

A-D ZONE
(AGRICULTURE -
DAIRY)

20 ft;
50 ft for dairy
operation
10 ft;
25 ft for dairy
operation
Proposed: 10 ft
25 ft for dairy
operation
10 ft
25 ft for dairy operation
W-2 ZONE
(CONTROLLED

DEVELOPMENT
AREAS)
Proposed: 20 ft Proposed: 10 ft Proposed: 10 ft Proposed:10 ft For through lots: 20 ft

R-D ZONE
(REGULATED

DEVELOPMENT
AREAS)
Proposed: 20 ft Proposed: 5 ft Proposed: 10 ft Proposed: 10 ft For through lots: 20 ft
W-1 ZONE
(REGULATED

DEVELOPMENT
AREAS)

Proposed: 20 ft.
*commercial poultry operations and all other agricultural operations involving the keeping of poultry or animals

Page | 7

In addition to the recommended setbacks, the following provision is proposed to be included in each of the Zone’s being amended:

No structural encroachment shall be permitted in the front, side, or rear yard except as provided for in Section 9.240.180.

This addition makes it clear that for information regarding encroachments into setbacks, the reader needs to refer to Section 9.240.180. - Yard Encroachments.

Eliminate the R-1A Zone (Mountain Resort).

When reviewing the various zones for setback requirements, it was discovered that the R- 1A Zone (Mountain Resort) would not apply to any land within the boundaries of the City because this zone is for land at 4,000 feet or higher elevations. The R-1A zone was adopted upon incorporation. The recommendation is to remove the R -1A Zone because there is no R -1A Zoned land within the City limits nor is it applicable to land within the boundary of Jurupa Valley.

3. Updates to Definitions
New definitions for accessory building, and kitchen is proposed plus multiple definitions related to lot types and lot measurements. The proposed definitions supplement and clarify the proposed updated accessory building development standards and new setback requirements. The recommended definitions that relate to Accessory Buildings are as follows:

A. Sec. 9.10.020. Accessory building.

A subordinate building on the same lot or building site, the use of which is incidental or subordinate to that of the principal building. A mobile home shall constitute a principal building where installed as provided in Section 9.255.030 or 9.255.040. An accessory dwelling unit, as defined by state law and this chapter, shall not constitute an accessory building.

As mentioned previously, the Planning Commission has put forth recommendations to revise the proposed definition of a kitchen to prevent any unintended restrictions on outdoor kitchens and barbeque areas, as well as allowing the placement of individual kitchen components, such as refrigerators, in other rooms. To address these concerns the following definition is recommended:

B. Any room in a building or dwelling unit which is used for cooking or preparation of food . A “kitchen” is an enclosed room, space, or area designated and utilized for the preparation and cooking of food. It is characterized by the presence of specific components and features, such as appliances, a kitchen sink, garbage disposal, 240- volt outlets, gas piping, counters, exhaust hood, and under or over -counter cabinetry. The definition of a kitchen excludes outdoor kitchens , barbeque patios, and a room that contains an individual component of a kitchen, such as a standalone refrigerator. The Building Official shall determine whether an enclosed room, space, or area qualifies as a kitchen.

Page | 8

Lot Related Definitions
Proposed lot -related definitions include lot types
(corner lot, flag lot, interior lot, key lot, reverse corner and through lot), lot lines (front, rear, side, street
side), lot depth and lot width. In addition, Figure 1, Lot Types, Lines and Setbacks graphic is proposed t o
provide graphic examples in addition to these
definitions.

Also proposed is a definition for lot coverage. Most of the residential zones in the Municipal Code provide a
maximum allowed lot coverage. The addition of the
following lot coverage definition will provide clarity on what is included in the lot coverage calculation. The
following is the proposed definition.

Sec. 9.10.750. Lot Coverage
The percentage of the lot area that may be covered
by all buildings or roofed structures. This includes
garages, accessory buildings, balconies, covered
patios, above- grade decks, covered entryways, California rooms, and any similar structures that reduce the amount of lot area open to the sky.

4. W
alls and Fences
A maximum height of six feet for fences or walls in residential zones is proposed to align with City policy and ensure consistency. Additionally, it is proposed to require that fences not be solid and be open to view above 42 inches in height when located within the required front and side yards. This open fence policy aims to enhance both the aesthetics and safety of the area. It allows pedestrians and equestrians to see each other, makes it safer for cars exiting driveways onto the street, and enables public safety personnel to keep an eye on the front yard from the street. The proposed amendment includes a modification to Section 9.240.500 Fences, aiming to prohibit the use of chainlink, barbed wire, concertina wire, or similar types of fence materials. The amendment also requires that fences and walls be maintained in a safe, neat, and orderly condition. These proposed amendments address concerns regarding the fence aesthetic appearance and safety, and the community overall. Amending the code also aligns with the City's policy that discourages these fence materials.

At the May 10, 2023 and June 14, 2023 Planning Commission hearings regarding the proposed ZCA22010, community members expressed concerns that the prohibition on chain link fences should not apply to existing chainlink fences and that, because their properties are large, it would be expensive to replace it with another style of fence. In response, the Planning Commission provided direction to modify the proposed ordinance to allow the following:

Figure 1

Page | 9

(1) Existing chainlink fences can be repaired,
maintained, and replaced in kind.
(2) Allow chainlink, razor wire, chicken wire, barbed
wire, and similar fence materials within the interior
of the property and prohibit it along the perimeter.

See Figure 2 as an illustrated example of what could
be proposed under the recommended ordinance w ith
these two modifications.

These revisions to the proposed ordinance , per the
Planning Commission’s direction, are indicated below
in bold double underline.

Prohibited fences and walls. Fences and walls shall
not be constructed of garage doors, tires, pallets, or
other materials not typically used for the
construction of fences and walls. Perimeter fences
and walls with chainlink, razor wire, chicken wire,
barbed wire, concertina wire, tarp fencing, sheet
metal, or similar materials are prohibited. However,
chainlink fences established prior to September 1,
2023, will be grandfathered and can be repaired,
maintained and replaced with a like chainlink
fence.

To further clarify perimeter fences and walls, it is recommended to add the bolded sentence with the recommended modifications.

Perimeter fence or wall is defined as a fence or wall that is constructed or located within the required setback (front, side, street side, and rear) area or property line. However, chainlink fences established prior to September 1, 2023, will be grandfathered and can be repaired, maintained and replaced with a like chain-link fence.

It is common in Jurupa Valley for properties to have fences and walls on a property line, setback area, and throughout the property with different areas fenced off for specific uses such as backyards, outdoor storage areas, pool areas, and cor rals (See Figure 1) .

Allowing chainlink and “security fence” (razor wire, barbed wire, concertina wire, or similar fence) on the interior of the property, does not fully address the aesthetic issues this type of fence or wall can have on a neighborhood. If this is a concern of the City Council, an alternative is to consider removing the word “ perimeter” as well as its definition from the wording above.

Figure 2 Example of Residential
Fence and Walls

12774-0007\2797440v1.doc Page 33 of 34

servant, officer or employee or any of them, except as otherwise provided in this Code or where the context clearly requires a different meaning.”

Section 36. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. T he 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 37. Effect of Or dinance. This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this Ordinance.

Section 38. 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 39. 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 17th day of August, 2023.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

Jurupa Valley City CouncilAugust 3, 2023

Jurupa Valley City Council
August 3, 2023