Agenda — Jurupa Valley City Council, January 18, 2024 (part 2 of 2)

City of Jurupa Valley
City Clerk’s Office
List of Records Scheduled for Destruction in CY 2024

Recorded Series File Number 100-02 – Contracts and Agreements Retention: Closed, plus 5 years. Scan for reference

IK Consulting Expired 7/09/2018
IK Consulting, 1st Amendment Expired 9/01/2019

Record Series File Number 120-02 – City Council Agendas (Scanned in City Clerk’s Permanent Records)
Retention Completed, plus 2 years. Scan for reference

City Council Agendas 2021

Record Series File Number 120-05 – City Council Speaker Cards Retention: Completed, plus 2 years
Information is in the Minutes

City Council Speaker Cards 2021

Record Series File Number 150-01 – Expired Certificates of Liability Insurance) Retention: Current, plus 2 years or the duration of the project

CIPA and City of Brea 2021

Chrisp Company 2020, 2021

Data Ticket, Inc. 2021

Dudek 2020

ECS Imaging, Inc. 2021

Engineering Resources of So. Cal. Inc. 2021

Epic Land Solutions, Inc. 2021

Falcon Engineering Services, Inc. 2021

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GRC & Associates Inc. 2020, 2021

HR Green & Pacific Inc. 2021

Kosmont & Associates, Inc. 2021

KTU+A Planning & Landscape
Architecture 2020

LaBelle Marvin, Inc. 2021

Lockwood, Andrews & Newnam, Inc. 2020, 2021

LOR Geotechnical Group, Inc. 2021

Municipal Code Corporation 2018 – 2021

Path of Life Ministries 2020 – 2021

Ramboll Holdings, Inc. 2021

Reach Out West End 2021

Revenue & Cost Specialists, LLC 2021

Richards, Watson $ Gershon 2021

Santa Fe Building Maintenance 2021

Softscapes Corporation 2021

Swagit Productions, Inc. 2021

T & B Planning, Inc. 2021

Untied Storm Water, Inc. 2021

West Coast Arborists, Inc. 2021

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Record Series File Number 200-02 – Check/Payroll Register Agenda Reports Retention: Originals kept for 5 years
Permanently stored in Laserfiche Records Depository

Check/Payroll Registers 2021

Record Series File Number 320-03 FPPC Forms
Statements of Economic Interests – Form 700s
Retention: Current, plus 7 years

Form 700 – Sean Gill (Left Office 3/31/2015)
Form 700 - John West (Left Office 7/13/2016)
Form 700 – Adam Tekunoff (Left Office 3/31/2016)
Form 700 - Orlando Givens (Left Office 3/21/2016)
Form 700 – Brett Hamilton (Left Office 3/03/2016)
Form 700 – Bradley Hancock (Left Office 12/15/2016)
Form 700 – Rachel Lopez (Left Office 12/15/2016)
Form 700 - Eduardo Guerrero (Left Office 3/31/2016)
Form 700 – Jeffrey Hook (Left Office 3/13/2017)
Form 700 – Robert Zavala (Left Office 1/04/2017)
Form 700 – Franklin Johnston (Left Office 7/31/2017)
Form 700 – Kinson Wong (Left Office 11/29/2017)
Form 700 – Tiffany Chhan (Left Office 11/2/2017)
Form 700 – John Thomason (Left Office 4/3/2017)

Record Series File Number 340-04 – Claims for Damages
Retention: 7 years after claim is closed or settled

David Ball DOL: 1/17/2012 Closed: 12/14/2016

Liuaneth Leon DOL: 4/25/2016 Closed: 12/6/2016

County of Riverside DOL: 10/30/2016 Closed: 11/28/2016

Jodi Gandolfi DOL: 1/27/2016 Closed: 11/21/2016

Sylvia Castaneda and
Elijah Arechigo DOL: 7/12/2015 Closed: 10/24/2016

Edwardo Valdiva DOL: 1/25/2016 Closed: 9/20/2016

Nicolas Ponce DOL: 12/26/2015 Closed: 8/17/2016

Salvador & Lynn Guerrero DOL: 7/19/2015 Closed: 7/20/2016

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Alexandra Soto DOL: 11/17/2015 Closed: 7/1/2016

Timothy West DOL: 10/2/2015 Closed: 6/10/2016

Dennis Andrew Vlach DOL: 7/26/2015 Closed: 4/4/2016

Gloria Marquez DOL: 8/08/2015 Closed: 6/13/2016

MMMSE Lot J, LP, et al. DOL: 7/19/2015 Closed: 5/31/2016

MidFirst Bank DOL: 2/22/2016 Closed: 4/26/2016

Benito Vera DOL: 7/26/2015 Closed: 2/25/2016

Andrew Hernandez DOL: 5/16/2015 Closed: 1/19/2016

Record Series File Number 540 – Streets, Alleys, Sidewalks, Street Lights Retention: Permanent – May image CIP file after Notice of Completion is file Permanently Stored in City Clerk’s Laserfiche Records Depository

Bain Street Pavement Rehabilitation and Shoulder Improvement, #16-A.2 Notice of Completion 10/1/2021

Fort Fremont Alley Reconstruction – Phase1, #20105
Notice of Completion 6/22/2021

Lucretia Avenue Pavement Rehabilitation, #20104
Notice of Completion 6/22/2021

Mission Boulevard Pavement Rehabilitation – Phase 1, #20103 Notice of Completion 7/21/2022

Mission Boulevard Pavement Rehabilitation – Phase 2, #21103 Notice of Completion 10/28/2022

Pacific Avenue Street Improvement Project, #20107
Notice of Completion 7/12/2022

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Record Series File Number 1030-08 – Request for Records Retention: Completion, plus 2 years

Public Records Act Requests and Correspondence 2021

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120

STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.I
COMPLIANCE REPORT FOR AB 1600 DEVELOPMENT IMPACT FEES

RECOMMENDATION
That the City Council receive and file the annual compliance report for Development Impact Fees.

BACKGROUND
State of California Assembly Bill 1600 (AB 1600) – the Mitigation Fee Act (Gov. Code, Sections 66000 et seq.) sets forth the standards against which monetary exactions on development projects are measured.

The purpose of development impact fees is to finance the design, construction and acquisition of facilities and equipment necessary to accommodate future development within the City.

Development impact fees that are collected are segregated and placed in special funds or accounts, which earn interest. Those funds are held for the facilities for which the fees are collected, in accordance with Government Code Section 66006.

Government Code Subsection 66006 (b)(1) sets forth the annual compliance reporting requirements as:

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
 A brief description of the type of fee in the account or fund;  The amount of the fee;
 The beginning and ending balance of the account or fund;

RETURN TO AGENDA

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STAFF REPORT

STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 11.J

CONSIDERATION OF A PURCHASE AND SALE AGREEMENT

BETWEEN THE CITY OF JURUPA VALLEY AND RUBIDOUX

COMMUNITY SERVICES DISTRICT FOR THE GOLDENWEST

BOOSTER PUMP SITE

RECOMMENDATION
1) That the City Council approve the Purchase and Sale Agreement between the City of Jurupa Valley and the Rubidoux Community Services District for the Goldenwest Booster Pump Site, a portion of City-owned parcel measuring 0.28 Acres, and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
Rubidoux Community Services District (“ RCSD”) is responsible for the day -to-day management, maintenance, and delivery of several essential services to the community.

These services include water supply, wastewater treatment, and solid waste management. The City of Jurupa Valley (“City”) has an amicab le working relationship with RCSD due to RCSD’s responsibility for these community services.

RCSD currently operates a water booster station known as Goldenwest Booster Station.

A water booster station, also known as a booster pump station or water pressure boosting station, is a critical component of a water distribution system designed to ensure the consistent and reliable supply of pressurized water to consumers, especially in areas with challenging topography or areas where water pressure may be insuf ficient. A water booster station plays a vital role in maintaining the desired pressure throughout the distribution network.

RETURN TO AGENDA

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The current Goldenwest Booster Station pumps water from RCSD’s Atkinson Zone to the Hunter Zone. Hunter Zone supplies water to ap proximately 5,200 City of Jurupa Valley residents.

RCSD received a grant to purchase an emergency generator at the Goldenwest Booster Station current site. However, upon inspection, they found that the current pump station does not have adequate space re quired for the emergency generator. RCSD subsequently searched for a new parcel and inquired with the City regarding purchasing the City-owned land specified in this Agreement. RCSD is requesting a 0.28 Acre (12,145 square feet) portion of City-owned parcel located at Golden West Drive north of Limonite Avenue and east of Avenue Juan Bautista (the “Property”) in order to relocate and upgrade the existing Goldenwest Booster Station.

ANALYSIS

Due to RCSD’s responsibility for the day-to-day management, maintenance, and delivery of several essential services to the community , RCSD functions are important to maintaining the well -being and best quality of life for the community and residents of Jurupa Valley.

The proposed land is not currently in use. RCSD has agreed that the sale of the Property is subject to a use restriction for the RCSD’s construction and operation of the water distribution and related facilities in connection with the RCSD’s Goldenwest Booster Station.

If the purchase and sale agreement is approved, RCSD will be required to make several improvements to the Property, including:
- Construct the necessary street and related improvements on Golden West Drive in accordance with improvement plans approved by the City. This includes planting of trees and landscaping along Golden West Avenue to partially obstruct the view of the Goldenwest Booster Station and provide a more visually appealing public view.
- Install a new street light at the location identified in the im provement plans to replace the existing street light.
- Install a water meter on the Property that will service the Remainder Parcel.

The City will remain responsible for the following:
- Maintenance and weed abatement of the Remainder Parcel. - Paying the District for the actual water consumption used by the City to provide irrigation to the Remainder Parcel.

If the sale is approved , the City will allow a currently unused parcel of land to serve a purpose benefitting the community , as the upgraded Goldenwe st Booster Station will maintain and improve water pressure to several thousand Jurupa Valley residents. In addition to serving a useful purpose, the addition of the landscaping at the new Goldenwest Booster Station site will be more visually appealing to the community.

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FINANCIAL IMPACT

If approved, RCSD will remit payment of $20,000.00 (Twenty Thousand Dollars) to the City. The City will continue to pay RCSD for the actual water consumption used by the City to provide irrigation to the Remainder Parcel.

ALTERNATIVES

1. Do not approve the attached agreement between the City and RCSD.

2. Provide alternate direction to Staff.

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

REVISED 01.04.2024
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1 PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY AND RUBIDOUX COMMUNITY SERVICES

DISTRICT FOR SALE TO R UBIDOUX COMMUNITY SERVICES
DISTRICT OF 0.28 -ACRE PARCEL LOCATED BETWEEN LIMONITE

AVENUE AND GOLDEN WEST AVENUE
This Purchase and Sale Agreement Between the City of Jurupa Valley and Rubidoux Community Services District for Sale to R ubidoux Community Services District of 0.28 -Acre Parcel Located Between Limonite Avenue and Golden West Avenue (Agreement) is made by and between the CITY OF JURUPA VALLEY, a municipal corporation (City) and RUBIDOUX COMMUNITY SERVICES DISTRICT, a public agency organized and existing under, and by virtue of, the Community Services District Law (RCSD). City and RCSD are sometimes collectively referred to below as Parties and individually as Party. This Agreement is effective on the date that it is fully executed by the Parties (Effective Date).

RECITALS
A. The City is the record fee owner that certain real property consisting of approximately 12,145 square feet (0.28-acres) of vacant land located in the City of Jurupa Valley, County of Riverside, State of California (Property). The Property was granted in fee to the County of Riverside pursuant to that certain Corporation Grant Deed recorded on January 17, 1961 as Document Number 4186 of Official Records of the County of Riverside. The City is the successor to the interests of the County in the Propert y. The Property is d escribed more particularly on EXHIBIT A and depicted on EXHIBIT B, which are attached hereto and incorporated herein by this reference. The transfer of the Property to RCSD will result in a n approximate 1.49-acre remainder par cel owned by the City, which is described and depicted more particularly on EXHIBIT C (Remainder Parcel) attached hereto and incorporated herein by this reference.

B. RCSD desires to acquire from the City and the City desires to grant to RCSD the City’s inter est in and to the Property for public use, namely for the constructi on, operation, maintenance and use of RCSD’s water distribution system and related facilities , and all uses necessary or convenient thereto in connection with RCSD’s construction of the RCSD Goldenwest Booster Station. RCSD’s acquisition of the Property benefits the residents of the City by providing reliable potable water service to residents residing in RCSD’s 1238’ Hunter Pressure Zone.

RCSD’s potable water distribution system relies on booster pump stations to convey water supply to higher elevations in its jurisdiction. The existing Goldenwest Booster Station, located at Accessor Parcel Number (APN) 186 -070-020, is nearing the end of its useful life and does not currently have a secondary source of power. Furthermore, it does not have adequate space to install a third auxiliary pump for system redundancy and has inadequate space for safely servicing the pumps. The District desires to acquire the Property from the City to replace the exi sting site and provide for additional space to install a secondary power source (generator) and pumps of adequate size and number for continuous and reliable potable water service to City residents served by the District in the area..

C. NOW, THEREFORE, in consideration of the above Recitals, the obligations set forth below, and for other valuable consideration, the receipt and sufficiency of which are hereby REVISED 01.04.2024
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2 acknowledged, the City and RCSD mutually agree as follows:

AGREEMENT
ARTICLE 1. PURCHASE AND SALE.

1.1 Recitals. All the above recitals are true and correct and are incorporated herein by this reference.

1.2 Conveyance of Property. City agrees to convey to the RCSD, and RCSD agrees to accept from the City the Property pursuant to the terms of this Agreement. The Parties agree that the sale of the Property is subject to a use restriction for RCSD’s construction and operation of the water distribution and related facilities in connection with RCSD’s Goldenwest Booster Station (Booster Station).

1.3 Purchase Price . The purc hase price for the Property is $20,000.00 (Twenty Thousand Dollars).

ARTICLE 2. OBLIGATIONS OF PARTIES.

2.1 Additional Consideration and Obligations of RCSD . As additional consideration for the City’s grant to RCSD of the Property for the construction of RCSD’s Booster Station, RCSD agrees to the following additional consideration and acknowledges and agrees that RCSD is responsible for completing the items set forth in this Section 2.1 of Article 2, at its sole cost and expense.
(a) RCSD will secure the Property wit h wrought iron or steel tubular fence around the perimeter of the Property.
(b) RCSD will install landscaping on the Property as part of the construction of the Booster Station. Such landscaping will include trees to screen the Booster Station improvements from public view.
(c) RCSD will construct the necessary street and related improvements on Golden West Drive in accordance with improvement plans approved by the City. (d) RCSD will install a new street light at the location identified in the improvement plans to replace the existing street light and restore the existing Booster Station Site.

RCSD is required to restore the existing Booster Station Site within 24 months of RCSD taking the existing Booster Station out of service.
(e) RCSD will provide to the City access through the Property at a location approved by the City to allow the City access to the Remainder Parcel for maintenance and weed abatement purposes.
(f) RCSD will cause to be installed, at its sole costs and expense, a water meter on the Property that will service the Remainder Parcel. RCSD will provide t he invoice for the water consumption to the City on a quarterly basis.

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3 2.2 Obligations of City . The City agrees and acknowledges that it is responsible for the items set forth in this Section 2.2 of Article 2.
(a) City will be responsible for maintenance and weed abatement of the Remainder Parcel.
(b) City will be responsible for paying RCSD for the actual water consumption used by the City to provide irrigation to the Remainder Parcel. City agrees that it will pay the invoice for the City’s water consumption relating to the Remainder Parcel within 45 days of receipt of the quarterly invoice from RCSD.

ARTICLE 3. ELECTION TO PROCEED WITH ESCROW AND OPENING AND CLOSE OF ESCROW.

3.1 RCSD’s Election to Open Escrow . RCSD may, in its sole discretion, open an escrow with Stewart Title Guarantee Company (Escrow Holder or Title Company) to process the real property transaction that is the subject of this Agreement. If RCSD elects to process this transaction through an escrow, RCSD will notify the City in writing of RCSD ’s election to open an escrow within five (5) calendar days of the Effective Date. (a) Opening and Close of Escrow . If RCSD elects to process this transaction through an Escrow, the City will deliver a copy of this fully-executed Agreement to Escrow Holder within five (5) calendar days of the Effective Date. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives from the City the copy of the fully - executed Agreement. The Parties can execute the Agreement in counterparts as set forth in Section

11.8 of Article 11 below. Close of Escrow means the date on which the Quitclaim Deed (as defined in Section 3.3 of Article 3 ) is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day oc curring sixty (60) calendar days after the Opening of Escrow.

3.2 Deposit of Funds in Escrow. If RCSD elects to process this transaction through an Escrow, RCSD covenants and agrees to deposit into Escrow the Purchase Price and such escrow funds as are required within five (5) business days of receiving written notice from Escrow Holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow.

3.3 Deposit of Documents in Escrow by RCSD . If RCSD elects to process this transaction through an Escrow, RCSD covenants and agrees to deposit into Escrow the following documents:
(a) Quitclaim Deed. The City will, within fifteen (15) calendar days after the Effective Date of this Agreement, de posit with Escrow Holder a Quitclaim Deed quitclaiming to RCSD the City’s interest in and to the Property for public use, namely water distribution purposes in connection with construction of the Booster Station, and all uses necessary or convenient thereto (Quitclaim Deed) duly executed and acknowledged by the City in the form attached hereto as REVISED 01.04.2024
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4 EXHIBIT D, and incorporated herein by this reference. RCSD will execute the Certificate of Acceptance of the Quitclaim Deed prior to recording.
(b) Withholding Exemption Certificate . The City will deliver to Escrow Holder, prior to the Close of Escrow, a Withholding Exemption Certificate 593-C as contemplated by California Revenue and Taxation Code section 18862, if applicable. (c) Proof of Authorization. The Parties will d eliver to Escrow su ch proof of their authorization to enter into this transaction as Escrow Holder may reasonably require to issue the Policy of Title Insurance discussed in Article 5 below.

3.4 Authorization to Record Documents and Disburse Funds . If RCSD elects to process this transaction through an Escrow, Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled:
(a) Escrow Hol der can issue in favor of RCSD a CLTA Owner’s Standard Coverage Policy of Title Insurance insuring RCSD’s fee interest in the Property in favor of RCSD, subject to the Permitted Title Exceptions set forth in Article 5 below; (b) RCSD will have deposited with Escrow Holder the Purchase Price and escrow charges;
(c) Escrow Holder will have received RCSD’s notice of approval or satisfaction or waiver of all of the contingencies to City’s obligations hereunder, as provided for below in Article 9; and
(d) City will have deposited with Escrow Holder the executed Quitclaim Deed required by Section 3.3(a) of Article 3.

Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Quitclaim Deed.

3.5 Escrow Charges and Prorations.
(a) RCSD will pay for the cost of the Policy, escrow costs and Escrow Holder’s customary out-of-pocket expenses for messenger services, long distance telephone, etc . RCSD will pay for any recording fees in connection with the Quitclaim Deed, any documentary or other local transfer taxes, and any other recording fees , if any. If the Escrow fails to close through no fault of either party, RCSD will pay all escrow-cancellation charges. (b) All real estate taxes and assessments, if any, shall be prorated at Closing in accordance with, and to the extent set forth in , this Section based on the latest tax bill available.

City will be charged with any such taxes up to, but not including, the Closing Date.

ARTICLE 4. ELECTION NOT TO PROCEED WITH ESCROW & DEPOSIT OF GRANT DEED AND PURCHASE PRICE.

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5 4.1 Notification of Election Not to Proceed with Escrow . RCSD, may in its sole discretion, elect not to proceed with an escrow to process this transaction. If RCSD elects to process this transa ction outside of an escrow, RCSD will notify the City of said election within five (5) business days of the Effective Date. In such case, the Parties will process this transaction pursuant to this Article 4 to effect the transfer of the Property within sixty (60) calendar days of the Effective Date.

4.2 Deposit of Purchase Price by RCSD. If RCSD elects to process this transactio n outside of an escrow, RCSD will, within fi ve (5) business days of its notice to the City under Section 4.1 of this Article 4 mail to City the Purchase Price to the following address:

City of Jurupa Valley
Attention: City Manager
8930 Limonite Avenue
Jurupa Valley, California 92509

4.3 Deposit of Quitclaim Deed by the City. Within five (5) business days of receipt from RCSD of the Purchase Price in accordance with Section 4.2 and written confirmation of the (i) RCSD’s completion of the Due Diligence Activities discussed below in Article 8 or (ii) RCSD’s written notice of its election not to proceed with Due Diligence Activities, the City will execute and mail to RCSD the fully executed Quitclaim Deed in substantially th e form attached as EXHIBIT D hereto, and incorporated herein by this reference.

4.4 Charges. RCSD will pay for any expenses relating to the recording of the Quitclaim Deed, if any, messenger services, any documentary or other local transfer taxes.

4.5 Authorization to Record Quitclaim Deed. RCSD is authorized to record the Quitclaim Deed as soon it receives the executed Grant Deed.

ARTICLE 5. TITLE AND TITLE INSURANCE.

5.1 RCSD has determined that it will request from Title Company a CLTA Owner’s Standard Coverage Policy of Title Insurance insuring RCSD’s fee interest in the Property in the amount of $20,000 (Policy). Within five (5) business days of the date of receiving a fully-executed copy of this Agreement, Title Company will obtain and issue a title commitment for the Property.

Title Company will also request two copies each of all instruments identified as exceptions on said title commitment. Up on receipt of the foregoing, Title Company will deliver these instruments and the title commitment to City and RCSD. RCSD will pay for the cost of the Policy and any applicable endorsements. The Policy provided for pursuant to this Section 5.1 will insure RCSD’s fee interest in the Property free an d clear of all liens, encumbrances, restrictions, and rights -of- way of record, subject only to the following exceptions (Permitted Title Exceptions):
(a) General and special real property taxes for the then current tax fiscal year that are a lien not then due and payable;
(b) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; REVISED 01.04.2024
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6 (c) Any facts, rights, interests or claims that are not shown in the public records but that can be ascertained by a physical inspection of the Property; (d) Any encroachment, physical encumbrance, easement, violation, or adverse circumstance affecting the P roperty that would be disclosed by a physical inspection of the Property and by an accurate and complete land survey of the Property; and (e) Exception No. 1 through No. 20 identified in Schedule B of the Preliminary Title Report dated January 13, 2023 (Order No. 23000110064) issued for the Property by Title Company, a true and correct copy of which is attached as EXHIBIT D hereto, and incorporated herein by this reference.

ARTICLE 6. RCSD’S FULL PAYMENT OF TOTAL COMPENSATION.

6.1 Payment of Total Compensation . RCSD’s payment to the City of the Purchase Price and the Additional Consideration/Obligations of RCSD set for the at Section 2.1 of Article 2 represent an all -inclusive settlement and constitute the full and complete consideration and payment of total just compensation for RCSD’s acquisition of the Property.

ARTICLE 7. AS-IS PURCHASE & RELEASES.

7.1 Representations and Warranties of the Parties. Each of the Parties hereby represent and warrant to each other the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of either (i ) the Close of Escrow pursuant to Article 3 or (ii) the date RCSD records the Quitclaim Deed pursuant to Article 4 above, whichever applies to this transaction based on RCSD’s election under Article 3 or Article 4:
(a) Each of the Parties has taken all require d action to permit it to execute, deliver, and perform its obligations under this Agreement. (b) Each of the Parties has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein.

7.2 As-Is Purchase . SUBJECT TO THE REPRE SENTATIONS AND WARRANTIES SET FORTH IN SECTION 7.1 OF ARTICLE 7, RCSD IS PURCHASING THE PROPERTY ON AN “AS -IS”, “WHERE-IS”, “WITH ALL FAULTS ”. RCSD IS NOT

RELYING ON AND THE C ITY HAS NOT MADE ANY WARRANTIES OF ANY KIND OR

CHARACTER WITH RESPE CT TO THE ENVIRONMEN TAL, SOILS, SEISMIC OR GEOTECHNICAL CONDITION OF THE PROPERTY. FURTHER, RCSD IS NOT RELYING

ON, AND THE CITY HAS NOT MADE AND IS NOT MAKING ANY REPRESENTATIONS

OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER WITH RESPECT TO

THE ENVIRONMENTAL, S OILS, SEISMIC OR GEO TECHNICAL CONDITION OF THE

PROPERTY OR BASED ON THE USE OF THE PROPERTY BY ANY PREVIOUS OWNER

OR OCCUPANT, INCLUDI NG ANY USE, GENERATI ON, RELEASE, DISCHAR GE,

STORAGE, OR DISPOSAL OF ANY HAZARDOUS WAS TE, TOXIC SUBSTANCES OR

RELATED MATERIALS ON , UNDER, IN OR ABOUT THE PROPERTY OR

TRANSPORTATION OF ANY HAZARDOUS MATERIALS TO OR FROM THE PROPERTY REVISED 01.04.2024
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7 BY ANY PREVIOUS SELLER OR OCCUPANT OF THE PROPERTY. FURTHER, RCSD IS

PURCHASING THE PROP ERTY WITHOUT ANY WAR RANTIES AS TO FITNES S OR

CONDITION OR THE ABSENCE OF DEFECTS, WHETHER EXPRESS OR IMPLIED, AND

RCSD EXPRESSLY WAIVE S ANY WARRANTY OF FI TNESS, GUARANTEE AGA INST

HIDDEN OR LATENT DEF ECTS, OR FITNESS OF THE PROPERTY FOR THE USE PROPOSED BY RCSD THAT MAY BE PRO VIDED BY LAW IN CALI FORNIA. RCSD

ACKNOWLEDGES THAT RCSD HAS READ AND UNDERSTANDS THE WAIVER OF ALL

EXPRESS OR IMPLIED W ARRANTIES AND IS PUR CHASING THE PROPERTY WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.

ARTICLE 8. DUE DILIGENCE AND RIGHT OF ENTRY.

8.1 Due Diligence Period . During the period commencing on the Effective Date (commencement date) and ending at 5:00 p.m. 4 5 calendar days after said commencement d ate (Due Diligence Period), RCSD may inspect the Property as necessary for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof (Due Diligence Activities) . RCSD will notify the City in writing 24-hours before going on the Property. RCSD will conduct the Due Diligence Activities in connection with the Property during normal business hours. RCSD will not conduct any invasive testing or boring s without the prior written notification of t he City and the City ’s written permission of the same, which permission will not be unreasonably withheld.

8.2 Right of Entry and Indemnification . RCSD does hereby ind emnify and forever save the City its officials, employees, agents, attorneys, successors and assigns, free and harmless from and against any and all liability, loss, damages , costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property that is in any way connected with RCSD’s Due Diligence Activities on the Property pursuant to this Section. If RCSD fails to acquire the Property due to City’s default, RCSD’s right to enter the Property in connection with the Due Diligence Activities will terminate upon the termination of RCSD’s right to purchase the Property. In such event, RCSD will remov e or cause to be removed all of RCSD ’s personal property, facilities, tools and equipm ent from the Property. If RCSD does not remove all of RCSD’s personal property, facilities, tools and equipment from the Property within ten (10) business days of the date that RCSD’s right to enter the Property terminates under this Section, City has the right, but not the obligation, to remove said personal property, facilities, tools and equipment from the Property. RCSD is responsible for all rea sonable costs incurred by City in any such removal by City of RCSD ’s personal property, facilities, tools a nd equipment from the Property. In the event the Property is altered or disturbed in any man ner in connection with RCSD’s Due Diligence Activities, RCSD will immediately return the Property to as close as possible to the condition in which it existed prior to the Due Dilig ence Activities and , to the maximum extent allowed by law, will indemnify, defend and hold City harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, reasonable attorneys’ fees and expenses and court costs) suffered, incurred or sustained by City as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by RCSD on the Property. Additionally, prior to the commencement of any Due Diligence Activities, RCSD shall, or shall cause its agents to, maintain commercial and REVISED 01.04.2024
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8 general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence in commercially reason able form and substance and RCSD shall provide the City with evidence of such coverage, including evidence that the City is an additional insured on the commercial general liability policy.

ARTICLE 9. RCSD’S CONTINGENCIES.

9.1 If RCSD elects to proceed with an Escrow pursuant to Article 3 above, the Close of Escrow and RCSD’s obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or RCSD’ s written waiver the reof, it being agreed RCSD can waive any or all such contingencies) on or before the Close of Escrow:
(a) The delivery to Escrow Holder of all documents pursuant to Section 3.3 of Article 3.
(b) Title Company’s commi tment to issue in favor of RCSD the Policy with liability equal to $20,000 showing RCSD’s fee interest in the Property, subject only to the Permitted Title Exceptions.
(c) RCSD’s approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that RCSD might perform as part of the Due Diligence Activiti es prior to the Close of Escrow or RCSD ’s waiver of such Due Diligence activities or any environmental site assessment, soils or geological reports or physical inspections.

9.2 If RCSD elects to process this transaction outside of an Escrow pursuant to Article 4 above, RCSD’s obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or RCSD’ s written waiver thereof, it being agreed that RCSD can waive any or all such contingencies) on or before sixty (60) days from the Effective Date:
(a) The delivery of the Quitclaim Deed by the City to RCSD pursuant to Article

4. (b) Title Company’s commitment to issue in favor of RCSD the Policy with liability equal to $ 20,000 showing RCSD ’s fee interest in the Property, su bject only to the Permitted Title Exceptions.
(c) RCSD’s approval of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that RCSD might perform as part of the Due Diligence Activities in accordance wi th Art icle 8 or RCSD’ s waiver of such Due Diligence activities or any environmental site assessment, soils or geological reports or physical inspections.

ARTICLE 10. NOTICES.

10.1 All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, REVISED 01.04.2024
2815865v2
9 postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. If RCSD elects to proceed with this transaction through an Escrow pursuant to Article 3, the Parties will provide a copy of all notices to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice:

SELLER:

COPY TO:

BUYER:

COPY TO:

ESCROW
HOLDER:

City of Jurupa Valley
Attention: City Manager
8930 Limonite Avenue
Jurupa Valley, California 92509
Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Rubidoux Community Services District.

Attention: Brian R. Laddusaw, CPA
General Manager
3590 Rubidoux Boulevard
Jurupa Valley, California 92509
Harper & Burns, LLP
Attention: John Harper
453 S. Glassell Street
Orange, California 92666
Stewart Title Guarantee Company
525 North Brand Boulevard
Glendale, California 91203
Attention:

[email protected]
ARTICLE 11. MISCELLANEOUS.

11.1 Amendments. Any amendments to this Agreement will be effective only when duly executed by both City and RCSD.

11.2 Further Documents. Each party will, wherever and as often as it is requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the s ale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement.

11.3 Broker’s Commissions. No brokers represented the Parties in connection with this transaction. RCSD will be solely responsible for the payment of any and all broker’s commissions or similar compensation due to any broker representin g RCSD, if any, and RCSD will defend, REVISED 01.04.2024
2815865v2
10 indemnify and hold the City harmless from and against any and all claims for any broker’s commissions or similar compensation that may be payable to any broker claiming it represented RCSD in connection with this transaction. Each party will defend, indemnify, and hold the other party harmless, from and against, any and all claims for any broker’s commissions or similar compensation that may be payable to any other broker, finder or other person or entity (other than those described above) based upon such party’s own ac ts. The provisions of this Section 11.3 of Article 11 will survive the Close of Escrow.

11.4 Applicable Law . This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.

11.5 Entire Agreement . This Agreement supersedes any prior agreement, oral or written, and together with the exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between City and RCSD, on the subject matter of this Agreement.

No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof, RCSD and City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on RCSD or City.

11.6 Successors and Assigns . This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto.

11.7 Time of Essence . The Parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow Holder’s general Escrow instructions.

11.8 Counterparts and Facsimile and Electronic Signatures . This Agreement may be executed simultaneously in one or m ore counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures.

11.9 Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or n ow or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies.

11.10 Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in th e interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words “person” and “party” include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the REVISED 01.04.2024
2815865v2
11 words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

11.11 Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the v alidity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.

11.12 Exhibits. The exhibits and schedules attached hereto are incorporated in this Agreement by reference herein.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth below.

BUYER (RCSD)

RUBIDOUX COMMUNITY SERVICES

DISTRICT

Dated: _____________________, _____

By:_____________________________
Brian Laddusaw, General Manager

ATTEST:

________________________________
Ted Beckwith, Director of Engineering

APPROVED AS TO FORM:

Harper & Burns, LP

By:______________________________
John R. Harper, District General Counsel

SELLER (CITY)
CITY OF JURUPA VALLEY, a California
municipal corporation

Dated: _____________________, ____

By:_____________________________
Rod Butler, City Manager

ATTEST:

________________________________
Victoria Wasko, CMC, City Clerk

APPROVED AS TO FORM:

Richards, Watson & Gershon

By:______________________________
Peter M . Thorson, City Attorney
REVISED 01.04.2024

1 EXHIBIT A
The land referred to herein is situated in the State of California, County of Riverside, City of and described as follows:

That portion of Parcel 44 as shown by Map on file in Book 25, Pages 66 and 67 of Records of Survey, Records of Riverside County, California, lying in Section 20, township 2 South, Range 5 West, San Bernardino Meridian, described as follows:

Commencing at the most Northerly corner of said Parcel 44, said point being on the centerline of Golden West Avenue (60.00 feet full-width) as shown on said Record of Survey, and the beginning of a tangent curve concave Southeasterly and having a radius of 300.00 Feet, the radial line to said point bears North 26°57’39” West;
Thence Southwesterly along said curve, to the left, through a central angle of 07°40’00”, an arc distance of 40.14 feet to a point thereon, the radial line to said point bears North 34°37’39” West; Thence leaving said centerline and along said radial line, South 34°37’39” East, a distance 27.35 feet for the true point of beginning, said point also being the beginning of a non -tangent curve concave Southeasterly and having a radius of 275.00 feet, the radial line to said point bears North 36°43’08’’ West;
Thence Southwesterly along said curve, to the left, through a central angle of 35°21’ 13”, an arc distance of 169.68 feet to the beginning of a reverse curve concave Northwesterly and having a radius of 433.00 feet, the radial line to said point bears North 72°04’21” West; Thence Southwesterly along said curve, to the right, through a central angle of 08°55’07”, an arc distance of 67.40 Feet;
Thence South 39°08’54” East, a distance of 5.97 feet;
Thence North 50°51’06” East, a distance of 214.78 feet; Thence North 35°16’53” West, a distance of 82.17 feet to the true point of beginning.

Containing 0.28 acres (12,142 square feet), more or less.

REVISED 01.04.2024

EXHIBIT B
Depiction of Property

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H:\2021\21-0166\Drawings\Mapping\Legals & Plats\Pump Station Remainder\21-0166 PUMP STATION REMAINDER_LEGAL.docx Albert A. Webb Associates
EXHIBIT “C”

LEGAL DESCRIPTION
PARCEL 44 AS SHOWN BY MAP ON FILE IN BOOK 25, PAGES 66 AND 67 OF

RECORDS OF S URVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN SECTION 20, TOWNSHIP 2 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF S AID PARCEL 44, SAID POINT BEING ON THE CENTERLINE OF GOLDEN WEST AVENUE (60.00 FEET

FULL-WIDTH) AS SHOWN ON SAID RECORD OF SURVEY, AND THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 26°57’39” WEST;

THENCE SOUTHWESTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 07°40’00”, AN ARC DISTANCE OF 40.14 FEET TO A POINT THEREON, THE RADIAL LINE TO SAID POINT BEARS NORTH 34°37’39” WEST; THENCE

LEAVING SAID CENTERLINE AND AL ONG SAID RADIAL LINE,
SOU
TH 34°37’39” EAST, A DISTANCE 27.35 FEET FOR THE TRUE POINT OF BE

GINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AN D HAVING A RADIUS OF 275.00 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 36°43’08” WEST;

THENCE SOUTHWESTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 35°21’13”, AN ARC DISTANCE OF 169.68 FEET TO THE

BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 433.00 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 72°04 ’21” WEST;

THENCE SOUTHWESTERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 08°55’07”, AN ARC DISTANCE OF 67.40 FEET; THENCE SOUTH 39°08’54” EAST, A DISTANCE OF 5.97 FEET;
THENCE NORTH 50°51’06” EAST, A DISTANCE OF 214.78 FEET;

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H:\2021\21-0166\Drawings\Mapping\Legals & Plats\Pump Station Remainder\21-0166 PUMP STATION REMAINDER_LEGAL.docx Albert A. Webb Associates
EXHIBIT “C”

LEGAL DESCRIPTION
THENCE NORTH 35°16’53” WEST, A DISTANCE OF 82.17 FEET T O THE TRUE

POINT OF BEGINNING,

ALSO EXCEPTING THEREFROM THAT PORTION QUITCLAIMED BY THE

COUNTY OF RIVERSIDE TO THE CITY OF JURUPA VALLEY, IN TH AT CERTAIN QUITCLAIM DEED RECORDED OCTOBER 14, 2016 AS DOCUMENT NO. 2016-0452377, OFFICIAL RECORDS, COUNTY OF RIVERSIDE.

CONTAINING 1.49 ACRES MORE OR LESS.

SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.

PREPARED UNDER MY SUPERVISION
______________________________ _______________
Michael E. Johnson, L.S. 7673 Date
Prepared By: JKA
Checked By: MEJ
01/08/2024

WEBB
N
W E
S
01/08/2024
"C"

EXHIBIT D
Form of Quitclaim Deed
RECORDING REQUESTED BY:

City of Jurupa Valley, a municipal corporation
AND WHEN RECORDED RETURN TO:

City of Jurupa Valley
Attention: Office of the City Clerk
8930 Limonite Avenue
Jurupa Valley, California 92509
[SPACE ABOVE FOR RECORDER’S USE ONLY]
Assessor’s Parcel Number 186-07-______
Documentary Transfer Tax $____________

QUITCLAIM DEED
Pursuant to that certain Corporation Grant Deed, recorded on January 17, 1961 as Document Number 4186 of Official Records of the County of Riverside, Cinderella Estates, Inc. granted in fee to the County of Riverside that certain Property described in EXHIBIT A and depicted on EXHIBIT B , which are attached hereto and incorporated herein by this reference (Property).

Grantor CITY OF JURUPA VALLE Y, a municipal corporation (CITY), is the successor to the interests of the County of Riverside in and to the Property.

The CITY desires to transfer its interest in and to the Property to the RUBIDOUX COMMUNITY SERVICES DISTRICT, a public agency organized and existing under, and by virtue of, the Community Services District Law (RCSD) and RCSD desires to acquire the Property for public use, namely for the construction, operation, maintenance and use of RCSD’s water distribution system and related facilities, and all uses necessary or convenient thereto in connection with the Goldenwest Booster. The use of the Proper ty is restricted to these public uses and for no other purpose.

NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, the CITY does hereby remise, release and forever quitclaim to RCSD, all of the CITY’s rights, title and interest in and to the Property situated in the City of Jurupa Valley, County of Riverside, State of California, described in EXHIBIT A and depicted on EXHIBIT B attached hereto and incorporated herein by this reference.

This Quitclaim Deed is executed on the date set forth below.

IN WITNESS WHEREOF, Grantor City of Jurupa Valley has executed this Quitclaim Deed on _____________________, ______.

GRANTOR
City of Jurupa Valley, a municipal
corporation

By:_____________________________________
Rod Butler, City Manager

ATTEST:

________________________________
Victoria Wasko, CMC, City Clerk

APPROVED AS TO FORM:

Richards, Watson & Gershon

By:______________________________
Peter M . Thorson, City Attorney

Page | 1
120

STAFF REPORT

STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.K
INITIATION OF THE FOLLOWING ACTIONS:

1. REPEAL THE EMERALD MEADOWS RANCH SPECIFIC PLAN (SP
337)

2. AMENDMENTS TO THE CITY OF JURUPA VALLEY GENERAL

PLAN LAND USE AND ZONING MAPS FOR CERTAIN PROPERTIES

LOCATED WITHIN THE EMERALD MEADOWS R ANCH SPECIFIC
PLAN (SP 337) BOUNDARY ALONG THE NOR TH SIDE OF 34th

STREET AND ON THE WEST SIDE OF WALLACE STREET

RECOMMENDATION
That the City Council initiate the following:

1. Repeal the Emerald Meadows Ranch Specific Plan (SP 337); and

2. Amendments to the City of Jurupa Valley General Plan Land Use and Zoning Maps for certain properties located within the Emerald Meadows Ranch Specific Plan (SP 337) boundary along the north side of 34th Street and on the west side of Wallace Street.

BACKGROUND
The Emerald Meadows Ranch Specific Plan (SP 337) was adopted by Riverside County in 2005, before the City ’s incorporation and covers 278 acres . The Emerald Meadows Ranch Specific Plan is bounded by Rubidoux Boulevard to the west, SR-60 to the north, Santa Ana River to the east, and 34th Street to the south. On September 21, 2023, the City Council adopted the District at Jurupa Valley Specific Plan (SP21001) which covers 248.3 acres within the Emerald Meadows Ranch Specific Plan boundary. With the adoption of the District at Jurupa Valley Specific Plan , the City needs to repeal the remnants of the Emerald Meadows Ranch Specific Plan and consider new land use

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designation(s) and zone(s) for the properties outside the new District of Jurupa Valley Specific Plan area that are primarily located along 34th Street and Wallace Street. Exhibit A below shows the original boundaries of the Emerald Meadows Ranch Specific Plan and Exhibit B shows the boundaries of The District at Jurupa Valley Specific Plan in red and the remnant Emerald Meadows Ranch Specific Plan properties.

Exhibit “A” – Emerald Meadows Ranch Specific Plan Boundary

Exhibit “B” – The District at Jurupa Valley Specific Plan Boundary

Changing the Zoning Map and General Plan Land Use Map will remove the Emerald Meadows Ranch Specific Plan designation from the remna nt parcels and apply the

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STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.L

INITIATION OF A ZONING CODE AMENDMENT TO UPDATE

DEVELOPMENT STANDARDS, PROCESSING REQUIREMENTS, AND

USE REQUIREMENTS IN CERTAIN ZONES THAT APPLY TO

AUTOMOBILE FUELING STATIONS AND TRUCK FUELING STATIONS

RECOMMENDATION
That the City Council, b y motion, initiate a Zoning Code Amendment to update development standards, processing requirements, and use requirements in certain zones that apply to automobile fueling stations and truck fueling stations.

BACKGROUND
On August 5, 2021 , the City Council initiated a Zoning Code Amendment to establish development standards and processing requirements for automobile fueling stations and adopted an urgency ordinance imposing a moratorium on approval of building permits or other entitlements for automobile fueling stations. The urgency ordinance was extended up and through August 3, 2023. O n December 22, 2022 , the City Council adopted Ordinance No. 2022 -24 approving Zoning Code Amendment No. 22007 (ZCA22007) establishing development standards and processing requirements for automobile fueling stations and repealing the urgency ordinance.

ANALYSIS
Since the adoption of ZCA 22007 related to automobile fueling stations, a number of clean-up items have been identified that would enhance the initial ZCA . These include the following:
 Prohibit new truck fueling operations
 Create a set of regulations for legal nonconforming truck fueling operations

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 Correct the list of permitted uses in certain zones to include a utomobile fueling stations which were not included in the initial ZCA
 Updates related to internal zoning code consistency
 Clarify definitions
Initiation process
A Municipal Code Amendment requires initiation by the City Council. The following considerations apply to the initiation process, which only authorizes the process to begin:

1. Initiation of a Municipal Code Amendment does not entail an evaluation of the merits of the proposed project, but only whether to proceed with a formal evaluation process and public hearings.

2. The Council may express its opinions as to whether the City should proceed with the formal evaluation process but should reserve its opinions regarding the merits or the ultimate action on the item until the evaluation process and public hearings have been completed.

3. Once the formal evaluation process and public hearings are completed, the City Council will have the opportunity to approve or disapprove or make changes to the Municipal Code.

NOTICING REQUIREMENTS
There is no requirement for public notice for an initiation of a Zoning Code Amendment.

Public notices for the public hearings of the proposed Zoning Code Amendment will be conducted on future dates if initiated.

ENVIRONMENTAL DETERMINATION
Initiation of a code amendment is not subject to CEQA.

FINANCIAL IMPACT
The expenses related to the proposed code amendment would be paid from the General Fund.

ALTERNATIVES

1. Recommended Action: The City Council initiate a n amendment to the Municipal Code to update development standards, processing requirements, and use requirements in certain zones that apply to automobile fueling stations and truck fueling stations.

2. Discuss the recommended action and provide staff with any comments concerning areas of special concern or interest of the Council.

3. Defer initiating the amendment and give direction to staff.

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MUNICIPAL CODE CONCERNING OUTDOOR ADVERTISING

DISPLAYS AND THE SPECIAL OUTDOOR ADVERTISING DISPLAY

OVERLAY ZONE MAP

RECOMMENDATION
Requested Action: That the City Council initiate an amendment to Chapter 9.245 of the Municipal Code concerning outdoor advertising displays and the Special Outdoor Advertising Display Overlay Zone Map.

BACKGROUND
Approval of the District at Jurupa Valley Specific Plan (the “Specific Plan”) project located near the northwest corner of Rubidoux Blvd and 34th Street included the approval of three (3) outdoor advertising displays, commonly refered to as billboards . The billboards were approved in the form of digital and/or combination digital/static freeway signs and are to be located on the project site along State Route 60. These three (3) approved billboards are not currently included within the Special Outdoor Advertising Display Overlay Zone Map (the “Map”). Per the Municipal Code, the Map illustrates specific locations in which a billboard can be erected. To be consistent with the billboards approved as part of the Specific Plan, the Map is required to be updated . Furthermore, the Map is unclear in regards to the exact locations where other billboards can be placed. With a modification to the map, the location of future billboards will be exact and intentional minimizing nuisances or disruptions to the character of a neighborhood or individual property.

ANALYSIS
The purpose of the Munici pal Code amendment related to outdoor advertising displays and the Special Outdoor Advertising Display Overlay Zone Map is to create consisitency and conformance of the District at Jurupa Valley Specific Plan billboards with rules and regulations of the Mu nicipal Code while concurrently clarifying obscurities that currently

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exisit within the map related to specific locations appropriate to erect signage. Examples of potential amendments to the Code include:
 Modify the Special Outdoor Advertising Display Overlay Zone Map to illustrate the precise location where billboards can be erected
 Add locations of the District at Jurupa Valley Specific Plan billboards to the Special Outdoor Advertising Display Overlay Zone Map
 Clarification of obscure language in the Code related to billboards Initiation process
A Municipal Code Amendment requires i nitiation by the City Council. The following considerations apply to the initiation process, which only authorizes the process to begin:

1. Initiation of a Municipal Code Amendment does not entail an evaluation of the merits of the proposed project, but only whether to proceed with a formal evaluation process and public hearings.

3. The only issue before the Coun cil currently is whether or not to initiate the Municipal Code Amendment. Once the formal evaluation process and public hearings are completed, the City Council will have the opportunity to approve or disapprove or make changes to the Municipal Code.

NOTICING REQUIREMENTS
There is no requirement for public notice for an initiation of a Zoning Code Amendment.

Public notices for the public hearings of the proposed Zoning Code Amendment will be conducted on future dates.

ENVIRONMENTAL DETERMINATION
Initiation of a code amendment is not subject to CEQA.

FINANCIAL IMPACT
The expenses related to the proposed code amendment would be paid from the General Fund.

ALTERNATIVES

1. Recommended Action: The City Council initiate an amendment to the Municipal Code concerning outdoor advertising displays and the Special Outdoor Advertising Display Overlay Zone Map.

2. Discuss the recommended action and provide staff with any comments concerning areas of special concern or interest of the Council.

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120

STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 11.N

OPEN PURCHASE ORDER FOR PUBLIC WORKS STREET SUPPLIES

RECOMMENDATION
1) That the City Council approve the open purchase order with Fastenal Company for the purchase of Public Works street supplies for an amount not to exceed $50,000 for fiscal year 2023-24.

BACKGROUND
The purpose of this staff report is to streaml ine the procurement of routine Public Works supplies for the department. The City covers 44 square miles, and the maintenance of public streets is provided by in -house staff and through outside contracts. The City has seven in-house maintenance workers responsible for responding to resident requests for service, emergency calls , pothole repair, sign replacement and installation, illegal dumping, and related miscellaneous services.

Last fiscal year, Public Works maintenance staff responded to 3,029 service requests for maintenance. In addressing these requests, City staff were required to use new materials such as cold patch asphalt, paint and solvents, personal protection equipment, and other items related to the repairs needed. Historically, this material would be purchased as needed from vendors sought out by staff who could provide the material at a reasonable price.

On September 1, 2023, City staff published a Request for Quotes (RFQ) on PlanetBids, the City’s online procurement system. City staff also contacted local vendors, notifying them of the published quote request . The invitation closed on September 20, 2023, in which the City received two (2) proposals.

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ANALYSIS

It is a standard industry practice for the Public Works Operations to have an approved open purchase order for the routine supplies to be utilized on a day-to-day basis.

City staff evaluated submittals from Fastenal Company and Statewide Traffic Safety and Signs, Inc. Statewide Traffic Safety and Signs does not supply the majority of the items listed in the RFQ. City staff is recommending to issue an open purchase order with Fastenal Company. Fastenal Company is a well-respected global company that provides a variety of products and services to public entities. Most of the public ag encies in Southern California are utilizing the services of Fastenal Company, including the cities of Riverside, Corona, and Redlands. They have fulfillment centers all over the world, including one in the City of Jurupa Valley. Fastenal Company services will be utilized for routine supplies at the published prices; however, standard purchasing processes will be utilized for specialized items or supplies not made available by Fastenal Company. Open purchase orders will be re -established annually along with approval of the budget process.

FINANCIAL IMPACT

Funding for the street supplies is budgeted in the Fiscal Year 2023-24 budget in the Gas Tax Deposit Account 200-2000-54150.

ALTERNATIVES

1. Not approve the open purchase order.

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STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.O
CONSIDERATION AND APPROVAL OF AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. FOR

THE RIO VISTA SPECIFIC PLAN

RECOMMENDATION
That the City Council authorize the City Manager to execute the Second Amendment for professional services for the Rio Vista Specific Plan, entitled:

1. SECOND AMENDMENT TO “AGREEMENT FOR CONSULTANT

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND RSG,
INC., FOR PROFESSIONAL SERVICES FOR THE RIO VISTA SPECIFIC PLAN”

BACKGROUND
On October 5, 2022, the City and RSG, Inc. entered into an initial agreement in which RSG, Inc. would provide professional services for the City. The purpose of the Agreement was for RSG, Inc. to analyze two proposed applications for development, the Rio Vista Specific Plan and The District at Jurupa Valley project and recommend potential community benefits for negotiation under a development agreement. The work product would entail a memo containing findings based on a fiscal, economic, and profitability analysis, along with a draft term sheet for use during the negotiation process.

The original agreement with RSG, Inc. were for a total of $24,925 per project. Due to the complexity of both projects and the additional time spent analyzing the projects, RSG, Inc. had requested an amendment to their agreement for an additional $25,075 per project or a not -to-exceed amount of $50,000. The City approved the First Amendment to the Agreement on July 6, 2023.

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RSG has reached the maximum amount that they may bill under our existing agreement for the Rio Vista Specific Plan. Subsequently, RSG is requesting a second amendment to their agreement to increase the not-to-exceed amount of the contract from $50,000 to $65,000 for the Rio Vista Specific Plan. This amendment would also cover additional work not originally outlined in the previous agreement.

Scope of Work
The scope of services covered in the current contract as amended by amendment 1 included the following tasks:

1. Review project submittal with staff and ascertain conforming alternative project to the proposed project.

2. Prepare a financial feasibility analysis of both the projects and the alternatives, in the form of a land residual analysis comparing RSG’s estimates of project value to the direct and indirect construction cost.

3. Compare both scenarios to market-acceptable returns and identify profit surplus or shortfall for each.

4. Prepare estimates of the following as a baseline for calculation of fiscal and economic impacts:
a. Construction cost (estimating construction/temporary impacts and fee estimates)
b. Value estimate using income approach (for assessed value and property tax estimates)
c. Development impact fees, as applicable
d. Permanent employment estimates, based on comparable projects in the trade area

5. Calculate and forecast existing and potential municipal revenues accruing to the City General Fund, including property tax, sales tax, property tax in lieu of vehicle license fees, property transfer taxes, and transient occupancy taxes.

6. Calculate and forec ast existing and potential municipal expenditures from the City General Fund, including law enforcement, fire protection, and other services materially affected.

7. Prepare a letter that summarizes their findings and provides recommended term sheet deal points for discussion with the developer.

Purpose of Community Benefit Analysis
The City Manager`s office and the Community Development Department have been in discussions with the applicant about community benefits that may need to be included in a development agreement to address land use and impacts of the Rio Vista project on the City. In many cases, land use changes are necessary to make otherwise infeasible land use plans feasible, but often this can result in substantial profit to the developer for a city’s discretionary approval. The community benefits framework considers that such Page | 3
profit should be shared with the City in the form of meaningful public benefits that not only mitigate the project impacts, which is required of each project, but al so extend these benefits outside the project site itself. In this case, the City has requested RSG to prepare a technical analysis of the projects and provide recommendations for the appropriate scale and type of community benefits.

Rio Vista Specific Plan
The County of Riverside approved the Rio Vista Specific Plan (Specific Plan No. 243, Rio Vista) on April 14, 1992. The Specific Plan area was, at that time, located in unincorporated Riverside County. When the City of Jurupa Valley was incorporated in 2011, the Rio Vista Specific Plan Area was included within the City’s boundaries. The proposed project involves a new Rio Vista Specific Plan to replace the existing Rio Vista Specific Plan approved by the County of Riverside in 1992. The Specific Plan propos es to create a master -planned community consisting of Very Low Density Residential (VLDR), Medium Density Residential (MDR), Medium High-Density Residential (MHDR), High-Density Residential (HDR), Highest Density Residential (HHDR), Light Industrial (LI) and Business Park (BP), a public K-6 educational facility, open space and recreation areas, and circulation improvements. The Specific Plan includes the following major land use components on the 917.3 acres:
 Residential Development: The project plans to build up to 1,697 dwelling units on 204.4 acres, resulting in an average density of 1.8 dwelling units per acre. The residential units would comprise a mix of attached and detached housing.  Light Industrial and Business Park: The project would allocate 1,269,774 square feet of light industrial building space on 58.3 acres and 1,428,768 square feet of business park building space on 82.0 acres. These areas would support commercial and industrial activities.
 Natural Open Space: Approximately 510.8 acres are designated for natural open space, preserving the environment and providing recreational opportunities.  Recreational Amenities: The project includes 14.3 acres for recreational amenities, enhancing the quality of life for residents.
 Public Elementary School: There is a provision for 13.4 acres of land to accommodate a new public K-6 educational facility.

A draft Environmental Impact Report (EIR) was prepared for the proposed Rio Vista SP.

The 45-day public review period began on October 19, 2023, and closed on December 4, 2023. Acknowledging the holiday season, the public review period was extended to January 5, 2024. At this time, the Final EIR including responses to comments are being prepared. The public hearings are tentatively scheduled for Spring 2024.

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Required Entitlements
The proposed Project includes the following entitlement applications:
 General Plan Amendment No. 16001 to make the Specific Plan and General Plan land uses consistent with one another.
 Specific Plan No. 16001 replaces the existing Rio Vista Specific Plan No. 243 with new land uses and plan for development
 Change of Zone No. 16003 to modify the zone from SP No. 243 to a new SP Zone.  Development Agreement No. 16001 to enter into an agreement between the applicant and the City that would set the required community benefits the applicant will provide and the flexibility in the Municipal Code and protection of the approvals through the duration of the development agreement.
 Tentative Tract Maps (TTM 37074 and TTM 38639) that would subdivide the project area into individual residential lots for Planning Areas (PA) 4, 5 and 6 and create a financing map for the project area.

ANALYSIS
RSG has reached the maximum amount they can bill under the existing agreement on the community benefit study for the Rio Vista Specific Plan. RSG has performed much more extensive work than was included in the July 6, 2023 amended agreement and is requesting a second amendment to their scope of work to including the following:
 Assist in the finalization of term sheet for the Project in conjunction with City staff, including revisions. Project term sheet preparation, evaluation of developer counteroffers, participation in developer negotiations, and related advisory services to City staff.
 Provide ongoing evaluation of the potential financial value of various community benefits sought by the City and proposed by the developer.  Provide continued support of the development of the CFDs as outlined in the draft development agreement and as discussed during Project negotiations.  Review the development agreement for consistency with the term sheets and negotiations.
 Provide ongoing support to City staff and attend Planning Commission and City’s recommended Council meetings.

It is recommended that the City Council approve the second amendment to the Agreement with RSG, Inc. for an additional $15,000, and authorize the City Manager to execute the amendment.

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120

RECOMMENDATION
That the City Council of the City of Jurupa Valley approve Fiscal Year 202 3-2024 Mid- Year Budget Amendments to the City’s Budget as presented in the attached exhibit.

ANALYSIS
The FY 202 3-24 Budget was adopted on June 15 , 2023. Revenue projections updated since this budget was approved have given the City the ability to amend the City Budget.

Expenditures are initially budgeted based upon the anticipated level of activity. However, it is often the case that as the fiscal year progresses some activities need to be increased or decreased to reflect changing circumstances. Consequently, most cities evaluate financial activities at or shortly after the midpoint of the budget year to determine if changes in resource allocation are necessary to meet these changing circumstances.

In order to properly provide for continuing FY 202 3-24 activity, staff believes some budgets should be adjusted at this time. The attached exhibit identifies the proposed amendments. In some cases, appropriations for certain expenditures are no longer necessary at previously approved levels. In other instances, additional appropriations are requested to offset anticipated expenditures for the year.

OTHER INFORMATION
None.

RETURN TO AGENDA

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3 STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 13.A
PUBLIC HEARING TO CONSIDER MASTER APPLICATION (MA) NO.
23235: 3 RD REQUEST FOR A ONE (1) YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP (TPM) NO. 37483 & 1ST REQUEST FOR A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT (CUP) NO. 21007; LOCATION: NORTHWEST CORNER OF PEDLEY
ROAD AND BEN NEVIS BOULEVARD (APNS: 169-031-003; 169-031- 004; 169 -031-005; 169 -031-006; 169 -031-008; 169 -031-009; 169 -032- 002 & 169 -032-004); (APPLICANT: SUMMER EAGLE LLC & RE -UP LLC)

RECOMMENDATION

1. That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2024-02, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

DETERMINING NO FURTHER CEQA REVIEW REQUIRED, APPROVING A

THIRD ONE -YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 37483 FOR A SCHEDULE “E” SUBDIVISION OF APPROXIMATELY 5.36 ACRES OF REAL PROPERTY LOCATED SOUTH OF STATE ROUTE 60,

NORTH OF LINCOLN AVENUE AND BEN NEVIS BOULEVARD, EAST OF DALLEY WAY, AND WEST OF PEDLEY ROAD (APNS: 169 -031-003, -004, - 005, -006, -008, -009; 169 -032-002, -004), AND APPROVING A ONE YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 21007 TO

PERMIT CONSTRUCTION OF A GAS STATION, A CONVEN IENCE STORE,

INCLUDING THE SALE OF MOTOR VEHICLE FUEL, AND A DRIVE -THRU RESTAURANT PAD ON APPROXIMATELY 1.84 ACRES OF REAL

PROPERTY LOCATED ON THE NORTHWEST CORNER OF PEDLEY ROAD AND BEN NEVIS BOULEVARD (APNS: 169-031-003, -004, -005, -006, -008, - 009) IN THE SCENIC HIGHWAY COMMERCIAL (C-P-S) ZONE

RETURN TO AGENDA
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PROJECT DESCRIPTION
The Applicant (“Summer Eagle LLC and RE-UP LLC”) requests the following; a) Third, one (1) year Extension of Time for TPM37483 (TPM37483EOT3) for the subdivision of 5.36 acres into six (6) commercial parcels. No changes are proposed to the design or layout of the subdivision of land as part of this EOT application. Table 1 provides general project information. b) First, one (1) year Extension of Time for CUP21007 (CUP21007EOT) for a gasoline service station consisting of a 2,900 square-foot fueling canopy, a 4,500 square-foot convenience store (without alcohol sales), including the sale of motor vehicle fuel, and a 2,500 square -foot pad for a future drive -thru restaurant. The gasoline service st ation, convenience store and fut ure drive-thru restaurant pad are proposed on Parcels 1 and 2 of the Tentative Parcel Map. No other development is proposed at this time as part of this application and there are no changes to the original approval by City Council.

TABLE 1: GENERAL PROJECT INFORMATION
Project Area 5.36 acres
General Plan Land Use
Designation Commercial Retail (CR)
Zoning Scenic Highway Commercial (C-P-S)
Existing Land Use Undeveloped

EXHIBIT 1: SITE LOCATION MAP

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BACKGROUND
On September 12, 2018, the Planning Commission approved Master Application (MA) No. 17245 adopting Resolution No. 2018-09-12-01 (Attachment 2), for the approval of the following entitlements on the northwest corner of Ben Nevis Boulevard and Pedley Road, and the southwest corner of Avon Street and Pedley Road.  Conditional Use Permit (CUP) No. 17004 . To allow f or the construction and operation of a gas station with the concurrent sale of beer and wine for off-premises consumption, a convenience store, including the sale of motor vehicle fuel and office space, and a drive-thru restaurant pad for future drive-thru restaurant.  Determination of Public Convenience or Necessity (PCN) No. 18001. To allow the sale of beer and wine for off-premises consumption.
 Tentative Parcel Map (TPM) No. 37483. To allow the project site (5.36 acres) to be subdivided into six ( 6) commercial parcels. The approved TPM is attached as attachment 3 and is shown as Exhibit 3 below.

EXHIBIT 2: APPROVED SITE PLAN

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The approved Conditional Use Permit allowed for the two-phased development of a Chevron gas station on Parcel 1 and a drive -thru restaurant pad on Parcel 2 . The first phase includes the construction of a gas station featuring a 2,900 square -foot fueling canopy with 12 fueling positions, and a 4,500 square foot convenience with a 2,100 square-foot office on the second floor. The second phase includes a 2,500 square -foot pad for future drive-thru restaurant. The project incorporated 73 vehicular parking spaces inclusive of four (4) accessible parking spaces. Landscaping for the project featured 24- inch and 36 -inch box shade trees, large shrubs, and a variety of groundcovers for an overall 23% landscaping coverage and 50% shading of the parking area. The project integrated split faced block walls with decorative caps and pilasters along the north and east property lines of gas station site. The project also intends to include wall -mounted signs for the convenience store and the fueling canopy, as well as a freeway oriented freestanding sign. However, the signs would be submitted and reviewed under a Site Development Permit at a later date. Exhibit 2 provides the approved site plan for the project.

EXHIBIT 3: APPROVED TENTATIVE PARCEL MAP NO. 37483

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Approval Periods
Conditional Use Permit (CUP17004). CUP17004 was approved with a two (2) year approval period and an expiration date of September 12, 2020.

Since the applicant did not begin substantial construction prior to September 12, 2020, the applicant filed a one (1) year extension of time for the CUP prior to the expiration date.

On February 4, 2021, the City Council approved Master Application (MA) No. 20131 adopting Resolution No. 2021 -12 (Attachment 4), for the approval of a one (1) year extension of time for CUP17004 through September 12, 2021. The approval of the extension of time resulted in a total of three (3) years to use the CUP, which is the maximum amount of time that can be allowed per the Municipal Code. The following new conditions of a pproval were imposed on the project along with the extension of time approval.

30. NO ALCOHOL SALES. Alcohol sales are prohibited.

31. PARCEL 2 DEVELOPMENT.

Parcel 2 shall be fully developed with on-site parking, right-of-way improvements, utility connections to the restaurant pad, landscaping, and lighting improvements, prior to the issuance of Final Occupancy Permit for the gas station or convenience store, whichever occurs first.

The restaurant pad shall be secured with a 42 -inch high P.V.C. fencing around the perimeter of the pad and the pad area shall contain drought tolerant ground cover to prevent dust emissions.

Prior to the issuance of the first building permit for the entire project site, a (1) “Wall and Fence” plan and (2) landscape and irrigation plan demonstrating compliance with these conditions of approval shall be approved by the Community Development Directo r. Such fencing and ground cover materials shall be identified within the landscape and wall plans.

32. ON-SITE SECURITY PERSONNEL. Should Parcel 2 have on-going maintenance issues which are not resolved through standard code enforcement action, then the City will require that the property owner or other holder of the right to the development entitlement(s) or permit(s) approved by the City for the project, hire an on -site security guard for the duration as determined by the Community Development Director to p revent ongoing maintenance, vagrancy and other related problems.

33. PROPERTY MAINTENANCE . Applicant shall maintain the property and all related on -site improvements and landscaping thereon, including without limitation, buildings, parking areas, lighting, sig ns, and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all Federal, State, County and local bodies and agenc ies having jurisdiction, at applicants sole cost and expense. Such maintenance and repair shall include, but not be limited to the following: (i) sweeping and the removal of trash and debris as soon as possible but at least within 24 hours; (ii) the care o f all shrubbery, plantings and other landscaping in a healthy condition and Page | 6

replacement of diseased or dead plant material with new material at an age similar to the material being replaced; (iii) maintenance of all irrigation systems in properly operating condition; (iv) the removal of graffiti within 24 hours; and (v) the repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept in a level and smooth condition.

34. FREEWAY-ORIENTED PYLON SIGN. Sign shall be designed to comply with Title 7 (Zoning) including the maximum height allowed.

Tentative Parcel Map (TPM37483). TPM No. 37483 was approved with a three (3) year approval period and an expira tion date of September 12, 2021, which is the same expiration date that was granted to CUP17004 with the approval of the first extension of time.

Since the applicant did not record the Tentative Parcel Map prior to the September 12, 2021 expiration date, the applicant filed a one (1) year extension of time for TPM No. 37483.

On November 10, 2021, the Planning Commission adopted Resolution No. 2021 -11-10- 01 (Attachment 5), approving a one (1) year extension of time to TPM No. 37483. The approved one (1) year extension of time to TPM No. 37483 extended the expiration date to September 12, 2022. Since the applicant did not record the Tentative Parcel Map prior to the September 12, 2022 e xpiration date, the applicant filed a second one (1) year extension of time for TPM No. 37483.

On December 14, 2022, the Planning Commission adopted Resolution No. 2022 -12-14- 02 (Attachment 6), approving a second one (1) year extension of time to TPM No. 37483.

The approved one (1) year extension of time to TPM No. 37483 extended the expiration date to September 12, 2023.

Conditional Use Permit (CUP21007). The applicant did not have the option to file for a second extension of time for CUP17004 because the project had been granted the maximum three (3) year approval period per the Municipal Code. Because a further extension of time could not be pursued, the CUP became null and void.

In an effort to keep the projec t entitled, the applicant submitted Master Application No. 21219 for Conditional Use Permit No. 21007 for the same gas station and drive-thru pad project previously approved under CUP No. 17004 as shown in Exhibit 2.

On November 10, 2021, the Planning Commission adopted Resolution No. 2021-11-10- 01 (Attachment 5), approving CUP No. 21007 to permit the construction a gas station, a convenience store, including the sale of motor vehicle fuel, and a drive -thru restaurant pad. The entitlement was approved with a two (2) year approval period and an expiration date of November 10, 2023.

Table 2 below provides information on all previous approvals.

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TABLE 2: PREVIOUS APPROVALS
Entitlement & Approval
Date
Project Description Expiration Date
Conditional Use Permit
No.17004
September 12, 2018
Gas station with concurrent sale of
beer and wine, convenience store,
and drive-thru restaurant pad
9-12-2020
Public Convenience or
Necessity No.18001
September 12, 2018
For beer and wine for off-premises
consumption
N/A
Tentative Parcel Map No.
37483
September 12, 2018
Subdivision of 5.36 acres into six
(6) commercial parcels
9-12-2021
Extension of Time for
Conditional Use Permit
No.17004
February 4, 2021
One (1) year extension of time for
CUP17004
9-12-2021

Conditional Use Permit
No.21007
November 10, 2021
Gas station with no alcohol sales,
convenience store, and drive-thru
restaurant pad
11-10-2023

First Extension of Time for
Tentative Parcel Map
No.37483
November 10, 2021
One (1) year extension of time to
TPM37483
9-12-2022

Second Extension of Time
for Tentative Tract Map
No. 37483
December 14, 2022
One (1) year extension of time to
TPM37483
9-12-2023

Since the applicant did not record the Tentative Parcel Map prior to the September 12, 2023 expiration date, and did not begin substantial construction of the gasoline service station project prior to November 10, 2023 expiration date, the applicant filed the third one (1) year extension of time for TPM No. 37483, and the first one (1) year extension of time for CUP No. 21007 prior to the ir respective expiration dates as Master Application No. 23235 (TPM37483EOT3, CUP21007EOT).

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ANALYSIS
The applicant has submitted a request for a third one (1) year extension of time for Tentative Parcel Map No. 37483. The request for a third extension of time is due to updates that need to occur to ensure that the map corresponds with the updated Title Report. Additionally, City bonds a nd agreements are being revised to reflect the new surety bond company hired by the current owners. The applicant anticipates the final map to be recorded by June 2024.

The applicant has also submitted a request for the first (1) extension of time for Conditional Use Permit No. 21007. The request for the extension of time is due to ongoing planning of the remaining parcels in this development. The approved gas station project is part of a larger multi-parcel project that is intended to have a hotel, and two (2) mixed- use buildings that were not envisioned by the prior ownership who received approval of CUP21007. A Planning Commission Study Session for the hotel project (MA23013) occurred on September 27, 2023. At this tim e, formal entitlements for the h otel project have not been submitted. The applicant submitted a conceptual plan under an optional Pre-Application Review (MA23164) to receive preliminary comments.

TPM37483 and CUP21007 are consistent with the General Plan and Municipal Code.

The request for an extension was reviewed by other departments and agencies . No agency or department expressed any concern with the extension of time request.

The processing of the extensions of time are consistent with Title 9, Planning and Zoning, and Title 7, Subdivisions, of the Jurupa Valley Municipal Code and with the State’s Subdivision Map Act. Previously adopted conditions of approval from TPM37483 and CUP21007 would still apply and remain unchanged.

Status of Final Map
The Applicant is required to resubmit a Final Map to the Engineering Department for final review. The most recent comments from the City requested that the applicant correct minor formatting issues and provide a thirty (30) day current Title Report and subdivision guarantee. The Applicant is currently working on finalizing corrections on the Final M ap application.

ENVIRONMENTAL REVIEW
The proposed extension of time is within the scope of the analysis contained in the Final Initial Study / Mitigated Negative Declaration of Master Application No. 17245, adopted on September 12, 2018 by Resolution No. 2018-09-12-01 and the Addendum to the Final Initial Study / Mitigated Negative Declaration of Master Application No. 17245, adop ted on November 10, 2021 by Resolution No. 2021-11-10-01. Therefore, the Extension of Time request is “within the scope” of the previously adopted CEQA Document and a Previous Environmental Determination (PED) wa s prepared ( Attachment 7). According to PRC §21166 and CEQA Guidelines §15162, CEQA does not require the preparation of any further environmental review.

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STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 14.A

CONSIDERATION OF A FUNDING REQUEST FROM REACH OUT
FOR THE 2022 CALIFORNIA VIOLENCE INTERVENTION AND

PREVENTION GRANT

RECOMMENDATION
That the City Council review the Reach Out Application for the 2022 California Violence Intervention and Prevention (CalVIP) Grant and discuss their request for a $600,000 General Fund allocation toward the program.

BACKGROUND
In 2017, the CalVIP grant replaced the California Gang Reduction, Intervention and Prevention grant program. CalVIP provides funding for cities and community -based organizations with the goal of reducing violence in the city and adjacent areas.

In 2022, Reach Out applied and was awarded $5,871,226 for the three-year CalVIP grant through the California Board of State and Community Corrections. One of the grant requirements was a 1:1 match of funding for the amount that was awarded through the State of California. A matching grant includes specific matching ratio that determines the proportion of the grant that the nonprofit must match or have partner s that will provide funding for the match. With this 1:1 match, Reach Out must commit $5,871,226 from other sources to equal the $5,871,226 received by the State of Califor nia. In their application, Reach Out stated they will receive match money from several outside agencies such as:

City of Jurupa Valley, the Riverside County Sheriff’s Department, Riverside County Public Health, Jurupa Unified School District and other non-profit entities.

ANALYSIS
As part of the grant application , Reach Out suggested that the City of Jurupa Valley collaborate with them by committing to matching funds. City Staff informed them that any commitment of funding needs approval by the City C ouncil. On November 16, 2023,

RETURN TO AGENDA
Page | 2

Reach Out held a study session with the City Council to review the grant in detail and inform the City Council of the requested grant match funding. The Study Session was a public informational meeting that provided a forum for the City Council and public to learn more about the grant. The purpose of this agenda item is to receive direction from the City Council regarding Reach Out’s request for funding from the City. A copy of the grant application, grant budget and narrative is included as Attachment A.

In addition to the General Fund contribution, an accounting of “in-kind” services is also a portion of the Grant. T hese are non-cash matching resources and refers to a payment made with goods or services that are equivalent with the purpose of the grant. There are functions within the City’s current contract with Riverside County Sheriff’s Office that are considered equivalent with the purpose of the grant. This portion of the existing Sheriff’s contract can be dedicated as “in-kind” services at no additional cost to the City. The value of these services, for purposes of an “in-kind” match, with no additional cost to the City is $700,000 per year for a total “in -kind” value, for purposes of the grant, of $2,100,000.

This non-cash “in-kind” match does not require additional City Council action.

In addition to the above referenced “in kind” resources, Reach Out is requesting $200,000 in General Fund “cash” per Grant year, for a total of $600,000.

FINANCIAL IMPACT

If the request from Reach Out is recommended for funding, staff will include $200,000 to the Mid -Year Budget for City Council approval and the remaining $ 400,000 will be included in the Fiscal Year 2024-2025 Budget.

ALTERNATIVES

1. Note and file this request and elect to not allocate funding towards this grant.

2. Discuss and provide alternative direction to City Staff.

3. Continue the matter to receive additional information from Reach Out or City Staff and to provide additional time for Council discussion and consideration. ************************** SIGNATURES ON FOLLOWING PAGE *********************

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120

STAFF REPORT
DATE: JANUARY 18, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 14.B
APPOINTMENT OF CITY DELEGATE FOR THE 2024 SOUTHERN

CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG ) ANNUAL

REGIONAL CONFERENCE AND GENERAL ASSEMBLY

RECOMMENDATION
1) That the City Council select a Delegate and Alternate for the SCAG General Assembly meeting on Thursday, May 2 - Friday, May 3, 2024 at the JW Marriott Desert Springs Resort in Palm Desert, California.

BACKGROUND
The Southern California Association of Governments, founded in 1965, is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntary convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization and under state law as a Regional Transportation Planning Agency and a Council of Governments. SCAG develops long-range regional transportation plans as well as housing needs allocations and a portion of the South Coast Air Quality management plans.

SCAG is governed by delegates from every member city, county, and County Transportation Commission (CTC) through the General Assembly, which annually brings together the official representatives of SCAG’s membership and helps sets the agency’s course for the coming year.

ANALYSIS
Each city/county delegate to SCAG's General Assembly will also have an opportunity to bring any policy matter, in the form of a proposed resolution or proposed SCAG bylaw revision, before the General Assemb ly for determination. The deadline to submit proposed resolutions and/or SCAG bylaw revisions is 5:00 p.m., Friday, February 2, 2024.

All proposed resolutions and/or bylaw revisions will be reviewed by SCAG's Bylaws and

RETURN TO AGENDA

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Attachments:

1. Email from Jonna Hart, Southern California Association of Governments

Jurupa Valley City CouncilJanuary 18, 2024

Jurupa Valley City Council
January 18, 2024