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

CHAPTER 9.112. B-P ZONE (BUSINESS PARK)
Sec. 9.112.010. Purpose and application.

The B-P Zone is intended to provide for research and development, light manufacturing, business sales and services and other business-supporting commercial uses. It is not intended to include general warehousing, distribution, shipping, or logistics. The B-P Zone implements and is consistent with the business park land use category of the General Plan.
( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2022-10 , § 4, 7-7-2022) Sec. 9.112.020. Uses permitted.

B. The following uses are permitted provided a conditional use permit has been granted pursuant to Section

9.240.280:
(1) Auto, truck, motorcycle, boat and RV sales, rental and repair. (2) Automobile fueling stations not including the concurrent sale of beer and wine for off-premises consumption, and excluding truck stops/travel centers.

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(3) Bar/tavern pursuant to Section 9.240.490.
(4) Furniture and fixtures manufacturing, cabinet shop. (5) Hotel, motel, extended stay hotel.
(6) Heliports.
(7) Hospital.
(8) Mortuary, funeral home.
(9) Public safety facilities (police, fire, EMT, etc.)
(10) Warehouse stores—Greater than forty-five thousand (45,000) square feet gross floor area. (11) Alcoholic beverage sales for off-premise consumption with convenience stores and automobile fueling stations, and restaurants, hotels, extended stay hotels, and conference facilities with alcohol beverage sales for on-premises consumption pursuant to Section 9.240.490. (12) Microbrewery, brew pub, craft brewery pursuant to Section 9.240.490.

C. Uses not listed. Any use that is not specifically listed in subsections A. and B. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

D. Legally established uses. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section 9.240.080 that is not specifically listed in subsections A. and B. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017- 14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use. ( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2021-09 , § 4, 4-15-2021; Ord. No. 2021-21 , §§ 15—18, 11-4-2021; Ord. No. 2021-29 , § 11, 12-16-2021; Ord. No. 2022-10 , § 4, 7-7-2022; Ord. No. 2022-24 , § 8, 12-15-2022) Sec. 9.112.030. Development standards.

The following shall be the standards of development in the B-P Zone:
(1) Lot size. The minimum lot size shall be one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780)) square feet with a minimum average lot width of one hundred (100) feet, minimum average lot depth of one hundred (100) feet and minimum lot frontage width of fifty (50) feet. (2) Floor area ration (FAR). The building floor area ration shall be a minimum of .25 FAR and a maximum of .6 FAR
.
(3) Height. The maximum height of all structures, including buildings, shall be thirty-five (35) feet at each setback line. Any portion of a structure that exceeds thirty-five (35) feet in height shall be set back from each setback line not less than two (2) feet for each one (1) foot in height that is in excess of thirty-five (35) feet. All buildings and structures shall not exceed fifty (50) feet in height.

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(4) Landscaping. A minimum eighteen (18) percent of the net area of the site (exclusive of right-of-way) shall be landscaped and maintained, and automatic irrigation shall be installed. (5) Street setbacks. A minimum twenty-five (25) foot setback shall be required on any street. A minimum fifteen (15) foot strip adjacent to the street line shall be landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setback may be used for off- street automobile parking, driveways, or landscaping. Screen walls are prohibited in the street setback area.
(6) Side yard setbacks. The minimum side yard setback shall equal not less than ten (10) feet for the tw o
(2) side lot areas combined.
(7) Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet. (8) Other setbacks. A minimum one hundred (100) foot setback shall be required on any boundary where the business park property abuts a residential or commercially zoned property. A minimum of twenty (20) feet of the setback shall be landscaped. The other setback area may also be used for trails, bicycle, motorcycle and automobile parking, trash/recycling enclosure, driveways or landscaping. Block walls or other fencing may be required.
(9) Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping.

They shall be located in such a manner as to minimize noise or odor nuisance. Block walls or other fencing may be required.
(10) Perimeter screen walls. Perimeter screen walls are prohibited in the street setback area. A fully landscaped area shall be provided in front of a perimeter screen wall adjacent to any street. The minimum height of a perimeter screen wall shall be eight (8) feet. All screen walls shall be decorative masonry block walls and include an anti-graffiti coating or equivalent measures to prevent graffiti. (11) Security Fence. Barbed wire, concertina and similar fence are prohibited. (12) Outside storage. Outside storage as described in Section 9.10.950 shall not exceed twenty (20) percent of the site and shall be completely screened from public view by a combination of buildings, decorative masonry block walls, berms and landscaping. Outside storage areas shall be prohibited within the twenty-five (25) feet street setback.
(13) Parking. Parking shall be provided as required by Section 9.240.120. (14) Utilities. All new utilities shall be underground. (15) Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from public view. (16) Signs. All signs shall be in conformance with Chapter 9.245 and be maintained in safe and presentable condition at all times including repainting, replacement of parts, and other maintenance activities (17) Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property. (18) Maintenance. All properties, buildings, outside storage areas, landscaping, walls, trash enclosures, accessory structures, signs, and overall grounds shall be maintained in a safe and presentable condition at all times including repainting, replacement of parts or structures, cleaning, and other maintenance activities.
(19) Architecture. Business park development shall be constructed with high-quality architecture designed to enhance and be architecturally compatible with its surroundings. Exemplary architecture, landscaping, sign and site plan design shall be provided within designated scenic highways or public view corridors.

Created: 2023-12-12 09:28:13 [EST]
( Supp. No. 18)

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( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2022-10 , § 4, 7-7-2022) CHAPTER 9.132. C-N ZONE (COMMERCIAL-NEIGHBORHOOD)
Sec. 9.132.010. Purpose and application.

The C-N Zone is intended to provide for retail sales and services primarily for the convenience of surrounding residential areas in small-scale, pedestrian-oriented developments. Individual, small-scale retail establishments should provide several types of merchandise (as opposed to businesses offering a wide selection of a single type of merchandise). The C-N Zone also accommodates limited types of housing, including caretaker's quarters and live- work housing. The C-N Zone implements and is consistent with the Neighborhood Commercial land use category of the General Plan.
( Ord. No. 2017-09 , § 6, 9-21-2017)
Sec. 9.132.020. Uses permitted.

A. The following uses are permitted:
(1) Bakery—Retail.
(2) Banks, financial services, ATMs.
(3) Building and landscape materials (indoor).
(4) Convenience store.
(5) Copying and quick printer services.
(6) Day care—Day care center (child, adult).
(7) Dry cleaners, laundry (including self service).
(8) Florist.
(9) Groceries and/or specialty foods.
(10) General retail—Two thousand five hundred (2,500) square feet or less gross floor area. (11) Park, playground.
(12) Personal services—Nails, beauty salon, barber.
(13) Produce stand, farmer's market.
(14) Restaurant, cybercafé (no drive-thru).

B. The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330:
(1) Car wash, self-service (no automated or drive thru). (2) Caretaker's residence.
(3) Farm supply and feed store.
(4) Fitness/health facility.

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(5) General retail—More than two thousand five hundred (2,500) square feet up to fifteen thousand (15,000) square feet gross floor area.
(6) Grocery and/or specialty foods retail—Three thousand (3,000) square feet to five thousand (5,000) square feet of gross floor area.
(7) Library, branch facility.
(8) Medical services—Clinic, urgent care.
(9) Religious facility—Church, temple, stake, etc.
(10) Repair services—Home electronic equipment, small appliances. (11) Work/live units.
(12) Automobile services—Repair and maintenance.
(13) Veterinary clinic/hospital/boarding (indoor), small animals. (14) Studio—Art, dance, martial arts, music, etc.

C. The following uses are permitted provided a conditional use permit has been granted pursuant to Section

9.240.280:
(1) Bar/tavern pursuant to Section 9.240.490.
(2) Club, lodge, private meeting hall.
(3) Grocery, liquor and specialty foods retail—Five thousand (5,000) square feet to twenty thousand (20,000) square feet gross floor area.
(4) Public assembly facility.
(5) Public safety facilities (police, fire, EMT, etc.). (6) Schools—Private, religious, specialty.
(7) Social service or charitable organization.
(8) Theatre, museum or cultural center.
(9) Clubs, lodges, private meeting halls and restaurants with on-premises consumption, and convenience stores with alcoholic beverages sales with off-premises consumption pursuant to Section 9.240.490. (10) Automobile fueling stations, with or without the concurrent sale of beer and wine for off-premises consumption, excluding truck stops/travel centers.

D. Uses not listed. Any use that is not specifically listed in subsections A., B., and C. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

E. Legally established uses. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsections A., B. and C. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it Created: 2023-12-12 09:28:13 [EST]
( Supp. No. 18)

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fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use. ( Ord. No. 2017-09 , § 6, 9-21-2017; Ord. No. 2021-09 , § 4, 4-15-2021; Ord. No. 2021-21 , §§ 31—34, 11-4-2021; Ord. No. 2021-29 , § 23, 12-16-2021; Ord. No. 2022-24 , § 13, 12-15-2022) Sec. 9.132.030. Development standards.

The following shall be the standards of development in the C-N Zone:
(1) Lot size. The minimum lot size shall be six thousand (6,000) square feet with a minimum average lot width of sixty (60) feet, minimum average lot depth of ninety (90) feet and minimum lot frontage width of forty (40) feet.
(2) Height. The maximum height of all structures, including buildings, shall be thirty-five (35) feet. The maximum lot coverage shall be seventy-five (75) percent of gross lot area. The maximum floor area ratio (FAR) shall not exceed one and one-half (1.5). For properties with residential units, the maximum density shall be eight (8) dwelling units per acre (du/A). (3) Landscaping. A minimum fifteen (15) percent of the site shall be landscaped and maintained, and automatic irrigation shall be installed.
(4) Street setback. A minimum twenty-five-foot setback shall be required on any street. A minimum ten- foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setback may be used for off- street automobile parking, driveways or landscaping.
(5) Side yard setback. The minimum side yard setback shall equal not less than ten (10) feet for the two (2) side lot areas combined.
(6) Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet. (7) Grocery, liquor and specialty foods. In the C-N Zone, grocery liquor and specialty food stores under three thousand (3,000) square feet are allowed.
(8) Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping.

They shall be located in such a manner as to minimize noise or odor nuisance. Block walls or other fencing may be required. Barbed wire or concertina wire shall not be allowed. (9) Outside storage. Outside storage shall be screened with structures or landscaping. Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. If a non-screened exhibit of products is proposed, it shall be part of the industrial park site development permit approved pursuant to Section [9.145.040], and shall be set back at least ten (10) feet from the street line.
(10) Parking. Parking shall be provided as required by Section [9.240.120]. (11) Utilities. All new utilities shall be underground. (12) Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet. (13) Signs. All signs shall be in conformance with [Chapter 9.245]. (14) Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property .

Created: 2023-12-12 09:28:13 [EST]
( Supp. No. 18)

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( Ord. No. 2017-09 , § 6, 9-21-2017)
ATTACHMENT 3
Citywide Map -Potential Sites

AGENDA ITEM NO. 12.A
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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
April 4, 2024
8930 Limonite Avenue, Jurupa Valley, CA 92509

1. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
Mayor Guillermo Silva called the regular meeting to order at 7:00 p.m. Council Member Armando Carmona was absent.

Council Member Armando Carmona arrived at 7:03 p.m.

2. INVOCATION was led by Pastor Jeremy Williams, Grace Fellowship Church.

3. PLEDGE OF ALLEGIANCE was given by Council Member Chris Barajas.

4. APPROVAL OF AGENDA
A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to approve the Agenda.

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

Absent: None

5. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
A 5-month old female Dachshund mix named “ Lana” was introduced to the Council. Sarah Castro, representing the Riverside Animal Control Services Department shared information about their “Barkchella” adoption event on April 13 and 20 where all pet adoptions will be free. Additional information is available from the City’s Animal Control Services Department at https://www.rcdas.org.

RETURN TO AGENDA

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B. PROCLAMATION PROCLAIMING “DONATE LIFE MONTH”
Allen Jolley, an ambassador at One Legacy discussed the importance of organ donation. He spoke in honor of his daughter Caitlyn whose death made possible the gift of life for an 8 -month old child and helped provide nee ded organs to two others. He thanked the Council for their recognition and encouraged greater awareness of organ and tissue donation. He encouraged those who choose to be organ and tissue donors to register at https://donatelifecalifornia.org C. PROCLAMATION PROCLAIMING APRIL 22 AS EARTH DAY
Mayor Guillermo Silva presented a proclamation, proclaiming April 22, 2024 as Earth Day in the City of Jurupa Valley. Paul Toor, Director of Public Works and Abigail Gomez, Environmental Program Manager accepted the proclamation. Mr.

Toor noted that the first Earth Day was celebrated on April 22, 1970 and is now celebrated in over 193 countries. The purpose of Earth Day is to celebrate the earth and promote the protection of the environment.

6. PUBLIC APPEARANCE/COMMENTS
Daryl Terrell advocated that the Council pass an ordinance that is modeled after the County of Riverside’s Ordinance No. 987, which would make it a crime to possess a catalytic converter without proof of ownership.

7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Council Member Armando Carmona announced that this Saturday is the first Saturday of the month and they will continue with their first Saturday of the month community cleanup events along with the Riverside County Regional Park and Open Space District .

Volunteers are asked to meet at the horse trails at Bellegrave and Bain Street.

8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR GUILLERMO SILVA

1. Mayor Guillermo Silva gave an update on the Interagency Coordinating Council meeting of March 22, 2024.

B. COUNCIL MEMBER BRIAN BERKSON

1. Mayor Pro Tem Brian Berkson gave an update on the Riverside Transit Agency meeting of March 28, 2024.

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2. Mayor Pro Tem Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority meeting of March 29, 2024.

C. COUNCIL MEMBER CHRIS BARAJAS

1. Council Member Chris Barajas gave an update on the Western Riverside Council of Governments Executive Committee meeting of April 1, 2024.

9. CITY MANAGER’S UPDATE
City Manager Rod Butler discussed the upcoming Council meeting schedule, noting that the May 16 Council Agenda will be kept as light as possible to allow the Council time to travel to the Contract Cities Conference. The budget workshop is scheduled for the regular meeting on May 16. Due to a scheduling conflict with the WRCOG General Assembly on June 20, he suggested that that meeting be canceled and that the Council meeting be rescheduled to June 27, 2024. He discussed Earth Day and encouraged residents to be mindful of how they reduce and recycle waste to reduce environmental impacts. He encouraged residents to participate in the City’s recycling program. He announced that there will be a free bulky item pickup and compost giveaway on Saturday, April 6 at Patriot High School.

10. SHERIFF’S DEPARTMENT UPDATE
Sergeant Damian Chavez gave an update on the Riverside County Sheriff’s Office Special Enforcement Team and the Organized Retail Theft Prevention program.

11. APPROVAL OF MINUTES
A. MARCH 21, 2024 REGULAR MEETING

A motion was made by Council Member Chris Barajas, seconded by Mayor Pro Tem Brian Berkson, to approve the Minutes of the March 21, 2024 regular meeting.

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

Absent: None

12. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS

INCLUDED IN THE AGENDA

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Requested Action: That the City Council waive the reading of the title and text of all ordinance s and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and w ill be available in print at the meeting prior to the introduction or passage of the ordinance.

B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$7,080,454.71
Requested Action: That the City Council ratify the check registers dated February 28, and March 7, 14, and 21, 2024 as well as the payroll registers dated February 29, and March 1, and 15, 2024.

C. BID AWARD FOR A SERVICE TRUCK

1. Requested Action: That the City Council approve the purchase of one 2024 Ford F-350 Service Truck for the Public Wor ks Department from Citrus Ford, Ontario, in the amount of $79,301.13.

2. Authorize the Interim Finance Director to make any necessary budget adjustments.

D. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND EXP U.S. SERVICES, INC FOR TRAFFIC SIGNAL DESIGN SERVICES FOR THE STATE ROUTE 60 AT PYRITE STREET INTERCHANGE, (CIP
23114)

1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and EXP U.S. Services, Inc., in the amount of $441,716.33 for Traffic Signal Desig n Services for SR -60 at Pyrite Street interchange, and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

2. Authorize the Interim Finance Director to make any necessary budget adjustments.

E. INITIATION OF A CHANGE OF ZONE OF 3.55 ACRES LOCATED AT 4651 BROOKHOLLOW CIRCLE (APN 167 -161-020) AND DETERMINE

THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED
PURSUANT TO CEQA GUIDELINES SECTION 15162
Requested Action: That the City Council initiate a Change of Zone for 3.55 acres located at 4651 Brookhollow Circle (APN: 167-161-020).

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A motion was made by Council Member Chris Barajas, seconded by Mayor Pro Tem Brian Berkson, to approve the Consent Calendar.

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

Absent: None

13. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

14. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND
CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL CODE TO

CORRECT THE ALLOWED LAND USES FOR THE BUSINESS PARK (B-

P) ZONE AND MAKING A FINDING OF EXEMPTION UNDER CEQA
(CONTINUED FROM THE MARCH 21, 2024 MEETING)
Staff Report presented by Jim Pechous, Principal Planner. Mr. Pechous reported that at the March 21 meeting, the Council directed that the following two amendments be made to the ordinance: 1) “Contractor business with outdoor storage of equipment or fleet of vehicles” be added as an allowed use excluding semi-trucks and trailers with an approved Conditional Use Permit; and 2) that there be a definition of “Contractor business” added to the ordinance. Mr. Pechous noted that both of these amendments have been made as directed.

Further discussion followed.

Mayor Guillermo Silva opened the public hearing.

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

A motion was made by Council Member Chris Barajas, seconded by Mayor Pro Tem Brian Berkson, to introduce Ordinance No. 2024-07, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL

AMENDING THE USES ALLOWED IN THE BUSINESS PARK ZONE

AND FINDING THE ORDINANCE IS EXEMPT FROM FURTHER
ENVIORNMENTAL REVIEW PUSUANT TO SECTION 15061(B)(3) OF

THE CEQA GUIDELINES

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

Absent: None
B. PUBLIC HEARING TO CONSIDER AN ORDINANCE (ZCA24001) TO AMEND SECTION 9.10.520 OF CHAPTER 9.10 OF THE JURUPA

VALLEY MUNICIPAL CODE TO EXPRESSLY INCLUDE VOCATIONAL

SCHOOLS, MAKING CONFORMING CHANGES TO THE ZONING

CODE TO CONFIRM THAT EDUCATIONAL INSTITUTIONS ARE

PERMITTED IN ALL ZONES WITH A PUBLIC USE PERMIT, AND

MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061 (B) (3)
Staff Report presented by Reynaldo Aquino, Senior Planner. Mr. Aquino summarized the components of the proposed Code Amendment, which will allow vocational schools in appropriate zones. He reported that the existing definition in the Jurupa Valley Municipal Code only allows publicly funded institutions. The proposed new language will allow privately funded institutions and vocational schools. As part of the code amendment, staff is also recommending that a vocational school be allowed in any zone with a Public Use Permit.

Further discussion followed.

Mayor Guillermo Silva opened the public hearing.

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

A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to introduce Ordinance No. 2024-08, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING SECTION 9.10.520 (“EDUCATIONAL INSTITUTIONS”) OF CHAPTER 9.10 (“DEFINITIONS”) OF TITLE 9 (“PLANNING AND
ZONING”) OF THE JURUPA VALLEY MUNICIPAL CODE TO

EXPRESSLY INCLUDE VOCATIONAL SCHOOLS, MAKING OTHER

CONFORMING REVISIONS TO THE MUNICIPAL CODE, AND

MAKING A FINDING OF EXEMPTION FROM CEQA UNDER SECTION
15061(B)(3) OF THE CEQA GUIDELINES
Ayes: L. Altamirano, B. Berkson, C. Barajas, A. Carmona, G. Silva Noes: None

Absent: None

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15. COUNCIL BUSNESS

A. APPOINTMENT TO FILL AN UNEXPIRED TERM ON THE PUBLIC

WORKS ADVISORY COMMITTEE
Staff Report presented by Victoria Wasko, City Clerk
Mayor Guillermo Silva invited the following individuals to address the Council and share why they are interested in serving on the Public Works Advisory Committee:

Rosalina Campos
David Daneshmayeh
Josh Steffy

Council Member Armando Carmona thanked all the individuals who applied for the position for their commitment to the community.

A motion was made by Council Member Armando Carmona, seconded by Council Member Chris Barajas, to appoint Josh Steffy, to fill an unscheduled vacancy on the Public Works Advisory Committee for a term expiring in December 2026, or until their successor is appointed and sworn-in, whichever is later.

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

Absent: None

16. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

There were no requests for future Agenda items.

17. CITY ATTORNEY’S REPORT

Maricela Marroquin had no report.

18. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Chris Barajas thanked all the residents who participated in the District 5 Town Hall meeting, noting that it allowed him the opportunity to share all the City’s new infrastructure projects and housing developments. He noted that it was very positive and he appreciated the community’s input.

19. ADJOURNMENT
There being no further business before the City Council, Mayor Guillermo Silva adjourned the meeting at 8:16 p.m.

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The next meeting of the Jurupa Valley City Council will be held April 18, 2024 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

Respectfully submitted,

____________________________
Victoria Wasko, CMC
City Clerk

AGENDA ITEM NO. 13.B
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12774-0007\2922296v1.doc
ORDINANCE NO. 2024-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, AMENDING
SECTION 9.112.020 OF THE JURUPA VALLEY

MUNICIPAL CODE PERTAINING TO PERMITTED USES

IN THE BUSINESS PARK ZONE , AND MAKING A

FINDING THE ORDINANCE IS EXEMPT FROM CEQA

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

Section 1. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the December 21, 2021 regular City Council meeting, the City Council adopted a Truck Intensive Use Urgency Ordinance to reduce truck impacts on the City. In addition, the City Council initiated a Zoning Code Amendment to the Business Park (B-P) Zone to make it more consistent with the General Plan and the goals of the Truck Intensive Use Ordinance. (b) At the May 25, 2022 Planning Commission hearing, the Planning Commission reviewed the proposed Business Park zone amendment to update the allowed land uses and development standards and recommended approval to th e City Council (“Code Amendments”). On July 7, 2022-10, the City Council adopted Ordinance No. 2022-10, and it took effect on August 7, 2022.
(c) On December 1, 2022, the City Council approved a Gas Station Ordinance, which modified review requirements for gas stations to require a conditional use permit instead of a site development permit. The Business Park Zone, which originally permitted gas stations with a site development permit, was subject to the amendments outlined in the Gas Station Ordinance.

However, due to an oversight, the Gas Station Ordinance inadvertently altered the land use regulations of the pre-existing Business Park zoning, effectively undoing the changes implemented by Ordinance 2022 -10. This unintentionally resulted in reverting the Bus iness Park Land Uses back to their previous state, nullifying the amendments made by Ordinance No. 2022-10. (d) On March 8, 2024, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Code Amendment, at which time al l persons interested in the Code Amendment had the opportunity to and did address the City Council on these matters.

Following the receipt of public testimony, the City Council provided direction to City Staff to add a definition for Contractor business a nd include Contractor business with outdoor storage to the list of uses that require a Conditional Use Permit in the Business Park Zone. The City Council kept the public hearing open and continued the public hearing on the Code Amendment to April 4, 2024.

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(e) On April 4, 2024, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Code Amendment, at which time all persons interested in the Code Amendment had the opportunity to and did address the City Council on these matters.

Following the receipt of public testimony , the City Council closed the public hearing and duly considered the written and oral testimony received.
(f) All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. California Environmenta l Quality Act Findings . The proposed Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City ’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty t hat there is no possibility that the proposed Code Amendment, amending the definition of educational facilities, will have a significant effect on the environment. The proposed Code Amendment amends the Business Park zone to make revisions that were previ ously made by Ordinance No. 2022 -10 and the environmental impacts were analyzed by Ordinance No. 2022 -10. The City Council has reviewed the administrative record concerning the proposed Code Amendment and the proposed CEQA exemption, and based on its own independent judgment, finds that the Code Amendment set forth in this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City ’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).

Section 3. General Plan Consistency Finding . The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law, that the proposed Code Amendment should be adopted because the proposed Code Amendment is consistent with the City of Jurupa Valley General Plan. The General Plan Goal for the Business Park (BP) land use designation states that : “The Business Park land use designation allows for employee intensive uses, including research and development, technology centers, corporate and support office uses, “clean” industry, and supporting retail uses. Floor area ratios range from 0.25 to 0.6. The Code Amendment includes land uses that are employment generators such as research and development, technology centers, corporate offices and “clean” industry.

Section 4. Section 9. 10.315 (Contractor use ) is hereby added to Chapter 9. 10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows:

Sec. 9.10.315. – Construction use.

A contractor business is an entity or individual engaged in construction, repair, or improvement work. Contractors may specialize in various areas such as electrical, plumbing, carpentry or landscaping.

Section 5. Section 9.112.020 (Permitted Uses) of Chapter 9.112 (B-P Zone (Business Park) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to read as follows:

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“Sec. 9.112.020. Uses permitted.

A. The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330:
(1) Ambulance, taxi, and/or limousine dispatch facility. (2) Antennas and telecommunications facilities.
(3) Automobile services-repair and maintenance
(4) Bakery - Wholesale
(5) Banks, Financial Institutions and ATMs.
(6) Childcare Services.
(7) Civic Uses – government, public safety, community center, cultural center and similar. (8) Commercial food kitchens, ghost kitchens, catering services, or commissary (without outdoor storage of commercial vehicles including food trucks). (9) Commercial amusement and recreational facilities.
(10) Conference, convention, or banquet facilities.
(11) Contractor business completely within a building without outdoor storage of equipment or fleet of vehicles.
(12) Copying, printing, and publishing services.
(13) Equipment sales and rental – excluding heavy vehicles and equipment, including cranes, boom lifts, earthmovers, dozers, loaders, excavators, and similar vehicles and equipment. (14) Health, and fitness facilities.
(15) Laboratory – medical, analytical, research, testing. (16) Maintenance services for infrastructure improvements including road, sewer, water and similar.
(17) Manufacturing light – manufacturing operations with associated activities that take place within a wholly enclosed building. Examples of manufacturing light include home accessories, furniture, cabinetry, sporting equipment, toys, food, clothing and accessories, footwear, handmade Artisan craft, instruments, computers, electronic devices and similar. (18) Media producing – broadcast studios.
(19) Medical services clinic, office, outpatient services, and urgent care. (20) Office - administrative, corporate, and professional. (21) Personal care services— nails, skin, hair care services, hair removal services, make-up salons, and similar uses.
(22) Repair services—Electronic equipment, large appliances, etc. (23) Research and development, technology center.
(24) Restaurants or food establishments excluding drive-thru, alcohol beverage sales, and live entertainment (examples: full-service restaurants, cafeterias, buffets, sandwich, coffee, ice cream and similar establishments).
(25) Retail or warehouse stores 45,000 square feet or less gross floor area. (26) Schools- college, universities, vocational, specialized training, instruction, sports and recreation instruction, education support services (tutorial services). (27) Social service organizations.
28) Studio—Art, dance, martial arts, music, photography and similar. etc. (29) Transit stops, stations, terminals.
(30) Utilities - gas, electric, sewer and similar.
(31) Veterinary clinics, animal hospitals, which may include ancillary indoor boarding.

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B. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 9.240.280:
(1) Alcoholic beverage sales for on-premises consumption with restaurants/food establishments, microbreweries, brew pubs, craft breweries hotels, and conference, convention, and banquet facilities and off-premise sales for microbreweries and general retail uses pursuant to Section 9.240.490.
(2) Auto, pickup truck, motorcycle, boat and RV sales, rental and repair. Any repairs and associated activities shall be within a wholly enclosed building. (3) Automobile fueling stations not including the concurrent sale of beer and wine for off- premises consumption, and excluding truck stops/travel centers. (4) Con tractor business with limited outdoor storage of materials, equipment or fleet of vehicles consistent with Section 9.112.030. business park zone development standards (semi trucks and trailers or similar vehicles are prohibited). (5) Commercial food kitchens, ghost kitchens, catering services, or commissary (with commercial vehicles or food trucks pursuant to Section 6.20.120. (6) Hotel, motel, extended stay hotel.
(7) Heliports.
(8) Hospital.
(9) Microbrewery, brew pub, craft brewery, distilleries, or wineries pursuant to Section

9.240.490.
(10) Retail or Warehouse stores—Greater than forty-five thousand (45,000) square feet gross floor area.
(11) Truck service and repair within a wholly enclosed building (utility, small commercial trucks or tractor trailer)

D. Legally established uses. It is the intent of the City Council that a legally established pre- existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section 9.240.080 that is not specifically listed in subsections A. and B. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.”

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Section 6. If any section or provisio n of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remain ing sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law
Section 8. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of April, 2024.

_____________________________
Guillermo Silva
Mayor

ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2024 -07 was regularly introduced at a regular meeting of the City Council held on the 4th day of April, 2024 and thereafter at a regular meeting held on the 18th day of April, 2024, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of April, 2024

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

AGENDA ITEM NO. 13.C
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ORDINANCE NO. 2024-08

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y
AMENDING SECTION 9.10.520 (“E DUCATIONAL
INSTITUTIONS”) OF CHAPTER 9.10 (“DEFINITIONS”) OF
TITLE 9 (“PLANNING A ND ZONING”) OF THE JURUPA

VALLEY MUNICIPAL COD E TO EXPRESSLY INCLUD E

VOCATIONAL SCHOOLS , MAKING OTHER

CONFORMING REVISIONS TO THE MUNICIPAL CO DE,

AND MAKING A FINDING OF EXEMPTION FROM CEQA
UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES

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

Section 1. Recitals.
(a) At the December 21, 2023 regular City Council meeting, the City Council initiated amendments to Title 9 of the Jurupa Valley Municipal Code to revise the definition of “Educational institutions” to allow vocation schools such as the Inland Empire Trade Tech Center (IETTC) in the City (the “Code Amendment”).

Section 2. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) On March 13, 2024, the Planning Commission of the City of Jurupa Valley held a public hearing on the proposed Code Amendment set forth in this Ordinance, at which time all persons interested in the proposed Code Amendment had the opportunity and did address the Planning Commission on these m atters. Following the receipt of public testimony, the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-06 recommending that the City Council approve the proposed Code Amendment. (b) On April 4, 2024, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Code Amendment, at which time all persons interested in the Code Amendment had the opportunity and did address the City Council on these matters.

Following the receipt of public testimony the City Council closed the public hearing and duly considered the written and oral testimony received.
(c) All legal preconditions to the adoption of this Ordinance have occurred.

Section 3. California Environmental Quality Act Findings . The proposed Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines pursuant to CEQA G uidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Code Amendment, amending the definition of educational institutions to expressly include vocational schools, will have a significant effect on the environment. The proposed Code Amendment does not alter where educational facilities are permitted in the City but rather simply clarifies the

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definition of an educational facility to include vocational schools. The City Council has reviewed the administrative record concerning the proposed Code Amendment and the proposed CEQA exemption, and based on its own independent judgment, finds that the Code Amendment set forth in this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).

Section 4. Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law, that the proposed Code Amendment should be adopted because the proposed Code Amendment is consistent with the City of Jurupa Valley General Plan in that:

General Plan Policy ES 1.11 states that City of Jurupa Valley should “Support collaboration with educational institutions such as community colleges, universities, trade and vocational schools, and other institutions that expand academic and job opportunities in Jurupa Valley”, in that allowing vocational schools to be permitted in all zones with the approval of a Public Use Permit will allow Ju rupa Valley to expand its academic and job opportunities.

Section 5. Amendment to Section 9.10. 520. Section 9.10. 520 (Educational institutions) of Chapter 9.10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to re ad as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“Sec. 9.10.520. - Educational institutions.

“Schools, colleges, or universities, supported wholly or in part by public funds, and other schools, colleges and universities giving general instructions, as determined by the California State Board of Education. Public or private institutions conducting regular academic instruction at kindergarten, elementary, secondary and collegiate levels, and including grad uate schools, universities, vocational schools, and non-profit research institutions. Educational institutions must either (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education; or (2) confer degrees as a college or university of undergraduate or graduate standing; or (3) conduct research; or (4) offer skilled courses with certificate programs (including but not limited; to automotive technicians, medical assistants, hair stylists, barber, certified nursing aids, electronic technicians, paralegals, and truck drivers).”

Section 6. Subsection C of Section 9. 45.010 (Use Permitted) of Chapter 9.45 (R-R Zone (Rural Residential)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“C. The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9. 240.330:
(1) Fishing lakes, commercial and noncommercial.
(2) Guest ranches and motels.
(3) Educational institutions, lLibraries, museums and post office. (4) Golf, tennis, polo or country clubs, archery and golf and driving ranges. -3-
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(5) Commercial uses for the convenience of and incidental to any of the above permitted uses when located upon the same lot or parcel of land.
(6) Feed and grain sales.
(7) Garden supply stores.
(8) Pet shops and pet supply shops.
(9) Real estate offices.
(10) Signs, on-site advertising.
(11) Arts, crafts and curio shops.
(12) Fraternal lodges, including grange halls.
(13) Churches, temples and other places of religious worship. (14) Private schools.
(15) A permanent stand for the display and sale of the agriculture product of an y permitted use that is produced upon the premises where such stand is located or upon contiguous lands owned or leased by the owner or occupant of the premises.
(1615) An additional one (1) family dwelling (including mobilehomes), excluding the principal dwelling, shall be allowed for each ten (10) acres gross being farmed. The additional dwelling units shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a one (1) family residence; provided that:
(a) The mobilehome shall have a floor area of not less than four hundred and fifty (450) square feet.
(b) The dwellings are not rented or held out for lease to anyone other than an employee of the farming operation.
(c) The dwellings are located not less than fifty (50) feet from any property line. (d) The dwellings are screened from view from the front property line by shrubs or trees. (e) The arrangement of the dwellings, sanitary facilities and utilities conforms with all of the requirements of the Riverside County Department of Environmental Health, the Building and Safety Division, and state law.
(f) The number of dwellings for employees shall not exceed four (4) per established farming operation;
(1716) Beauty shops, including beauty shops operated from a home by its inhabitants where no assistants are employed and the on -site sign is unlighted and does not exceed two (2) square feet in area.
(1817) Winery and appurtenant and incidental uses with established on -site vineyard. (1918) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two (2) years in any event.
(2019) Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.
(2120) Child day care center. ”

Section 7. Subsection B of Section 9. 70.020 (Use Permitted) of Chapter 9.70 (R -2 Zone (Multiple Family Dwellings)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with deletions shown in strikethrough text):
“B. The following uses shall be permitted, provided a site development permit has first been approved pursuant to the provisions of Section 9.240.330:
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(1) Two (2) family dwellings, multiple-family dwellings, bungalow courts and apartment houses, subject to the development standards set forth in Section 9.240.545. (2) Boarding, rooming and lodging houses.
(3) Churches, educational institutions, public libraries, museums and art galleries not operated for compensation or profit.
(4) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of t wo (2) years in any event. (5) Congregate care residential facilities.
(6) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two (2) square feet in area. (7) Nurseries, horticultural.
(8) Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.
(9) Class I kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 9.240.460B.
(10) Child day care center.
(11) Residential care facility, seven (7) or more persons, pursuant to the provisions of Section

9.240.560.
(12) Group homes, large, pursuant to the provisions of Section 9.240.560. (13) Transitional housing, when such use is in two (2) family dwellings, multiple -family dwellings, bungalow courts and apartment houses, subject to the development standards set forth in Section 9.240.545.”

Section 8. Subsection A of Section 9. 80.020 (Use Permitted) of Chapter 9.80 (R-3 Zone (Rural Residential)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with deletions shown in strikethrough text):
“A. The following uses are allowed, providing a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330, and is approved:
(1) One (l) family dwelling.
(2) Employee housing.
(3) Residential care facility, six (6) or fewer persons. (4) Supportive housing, developed pursuant to Section 9.240.555, when such use is in a one (1) family dwelling.
(5) Transitional housing, when such use is in a one (1) family dwelling. (6) The noncommercial keeping of horses on lots not less than twenty thousand (20,000) square feet in area and one hundred (100) feet in width, provided they are kept not less than one hundred (100) feet from any street and twenty (20) feet from any property line. A maximum of two (2) horses per twenty thousand (20,000) square feet and, in any event, not more than four (4) horse s on a lot will be permitted. If a lot is one (1) acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing f owl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two (2) acres or more in area, two (2) sheep or goats or combination thereof may be kept in addition thereto, provided -5-
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they are kept not less than one hundred (100) feet from any street, twent y (20) feet from any property line and fifty (50) feet from any residence.
(7) Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.
(8) Home occupations.
(9) On-site signs, affixed to building walls, stating t he name of the structure, use, or institution, not to exceed five (5) percent of the surface area of the exterior face of the wall upon which the sign is located.
(10) One (1) family dwellings developed as restricted single -family residential subdivisions, subject to the development standards of Section 9.70.120. The provisions of Section 9.80.030 shall not be applicable to developments under this permitted use. (11) Accessory buildings, to a specific permitted use; provided, that the accessory building is established as an incident to a principal use and does not change the character of that use. (12) On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five (5) percent of the surface area of the ext erior face of the wall upon which the sign is located.
(13) Planned residential developments, provided a land division is approved pursuant to the provisions of Title 7 and the development standards in Section 9.240.060 or 9.240.070. (14) Kennels and catte ries are permitted, provided they are approved pursuant to the provisions of Section 9.240.460.
(15) Two-family dwellings, multiple -family dwellings, bungalow courts and apartment houses, subject to the development standards set forth in Section 9.240.545. (16) Boarding, rooming and lodging houses.
(17) Churches, educational institutions , public libraries, museum and art galleries not operated for compensation or profit.
(18) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two (2) years in any event.
(19) Congregate care residential facilities.
(20) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two (2) square feet in area. (21) Nurseries, horticultural.
(22) Nonprofit clubs and lodge halls.
(23) Fraternity and sorority houses.
(24) Hotels, resort hotels, and motels.
(25) Child day care center.
(26) Institutions for the aged licensed by the state or county as such. (27) Offices, including medical, dental, chiropractic law offices, architectural, engineering, community planning and real estate; provided there is no outdoor storage of materials, equipment or vehicles, other than passenger cars.
(28) The noncommercial raising of not more than one (1) miniature pig on lots from seven thousand, two hundred (7,200) to nineteen thousand, nine hundred and ninety -nine (19,999) square feet or not more than two (2) miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:
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(a) Any person owning or having custody or control of a miniature pig over the age of four (4) months shall pay for and obtain a license fro m the Riverside County Animal Service Department.
(b) Any miniature pig kept or maintained on a lot with a use permitted under subsection A.(1) of this section shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment. (c) No miniature pig may weigh more than two hundred (200) pounds. (d) Any person ownin g or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person. (e) The miniature pig must be ke pt in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot. (29) Churches, temples, and other places of religious worship. (30) The keeping or raising of not more than four (4) mature female crowing fowl (chickens only) on single -family residential lots or parcels between seven thousand, two hundred (7,200) square feet and thirty -nine thousand, nine hundred and ninety -nine (39,999) square feet or not more than twelve (12) mature female crowing fowl (chickens only) on single -family residential lots of forty thousand (40,000) square feet or more for the use of the occup ants of the premises.

The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunctio n with a residential use. (31) Future Farmers of America (FFA) or 4 -H projects conducted by the occupants of the premises, not involving commercial agricultural activities. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Community Development Director. Affidavit forms are available at the Planning Department and may be filed free of charge. ”

Section 9. Subsection C of Section 9.8 5.020 (Use Permitted) of Chapter 9.85 (R -3A Zone (Village Tourist Residential)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with deletions shown in strikethrough text):
“C. The following uses are permitted, provided a site development p ermit has been approved pursuant to the provisions of Section 9.240.330:
(1) Churches, temples and other places of religious worship, educational institutions, public libraries and museums not operated for compensation or profit. (2) Sports and recreational facilities, not including video arcades, motor-driven vehicles and riding academies, but including archery ranges, athletic fields, golf driving ranges, miniature golf, skating rinks and commercial swimming pools.
(3) Child day care center.”

Section 10. Subsection A of Section 9.115.020 (Uses Permitted) of Chapter 9.115 (C-1 Zone/C-P Zone (General Commercial)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text a nd deletions shown in strikethrough text):
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“A. The following uses are permitted, only in enclosed buildings with not more than two hundred (200) square feet of outside storage or display of materials appurtenant to such use, provided a site development per mit shall have been approved pursuant to provisions of Section

9.240.330:
(1) Ambulance services.
(2) Antique shops.
(3) Appliance stores, household.
(4) Art supply shops and studios.
(5) Athletic, fitness, and health facilities including swimming, yoga, spin classes and martial arts. (6) Auction houses.
(7) Auditoriums and conference rooms.
(8) Automobile repair garages, not including body and fender shops or spray painting. (9) Automobile parts and supply stores.
(10) Bakery goods distributors.
(11) Bakery shops, including baking only when incidental t o retail sales on the premises. (12) Banks and financial institutions.
(13) Barber and beauty shops.
(14) Billiard and pool halls.
(15) Blueprint and duplicating services.
(16) Book stores and binders.
(17) Bowling alleys.
(18) Car Washes
(19) Catering services.
(20) Cleaning and dyeing shops.
(21) Clothing stores.
(22) Confectionery or candy stores.
(23) Convenience stores, not including the sale of motor vehicle fuel. (24) Costume design studios.
(25) Dance halls, drama and music classes.
(26) Day care centers
(27) Delicatessens.
(28) Department stores.
(29) Drug stores.
(30) Dry goods stores.
(31) Employment agencies.
(32) Escort bureaus.
(33) Feed and grain sales.
(34) Florists shops.
(35) Food markets and frozen food lockers.
(36) Fortune telling, spiritualism, or similar activity. (37) Gift shops.
(38) Hotels, resort hotels and motels.
(39) Household goods sales, including, but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof. (40) Hobby shops.
(41) Ice cream shops.
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(42) Ice sales, not including ice plants.
(43) Interior decorating shops.
(44) Jewelry stores, including incidental repairs.
(45) Labor temples .
(46) Laboratories, film, dental , medical, research or testing. (47) Laundries and laundromats.
(48) Leather goods stores.
(49) Locksmith shops.
(50) Mail order businesses.
(51) Manufacturer's agent.
(52) Market, food, wholesale or jobber.
(53) Massage parlors, Turkish baths, health centers and similar personal service est ablishments. (54) Meat markets, not including slaughtering.
(55) Mimeographing and addressograph services.
(56) Mortuaries.
(57) Music stores.
(58) News stores.
(59) Notions or novelty stores.
(60) Offices, including business, law, medical, dental, chiropractic, architectural, engineering, community planning, real estate.
(61) One (1) on-site operator's residence, which may be lo cated in a commercial building. (62) Paint and wallpaper st ores, not including paint contractors. (63) Pawn shops.
(64) Pet shops and pet supply shops.
(65) Photography shops a nd studios and photo engraving. (66) Plumbing shops, not including plumbing contractors. (67) Poultry markets, not includ ing slaughtering or live sales. (68) Printers or publishers.
(69) Produce markets.
(70) Radio and television broadcasting studios.
(71) Recording studios.
(72) Recycling collection facilities.
(73) Refreshment stands.
(74) Restaurants and other eating establishments.
(75) Shoe stores and repair shops.
(76) Shoeshine stands.
(77) Signs, on-site advertising.
(78) Sporting goods stores.
(79) Stained glass assembly.
(80) Stationer stores.
(81) Stations, bus, railroad and taxi.
(82) Taxidermist.
(83) Tailor shops.
(84) Telephone exchanges.
(85) Theaters, not including drive -ins.
(86) Tire sales and se rvice, not including recapping.
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(87) Tobacco shops.
(88) Tourist information centers.
(89) Toy shops.
(90) Travel agencies.
(91) Typewriter sales and rental, including incidental repairs. (92) Watch repair shops.
(93) Wholesale businesses with samples on the prem ises but not including storage.

Section 11. Subsection A of Section 9.125.020 (Uses Permitted) of Chapter 9.125 (C - P-S Zone (Scenic Highway Commercial)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“A. The following uses are permitted only in enclosed buildings with not more than two hundred (200) square feet of outside storage or display of materials appurtenant to such use, provided a site development permit shall have been approved pursuant to the provisions of Section 9.240.330:
(1) Ambulance services.
(2) Antique shops.
(3) Appliance stores, household.
(4) Art supply shops and studios.
(5) Athletic, fitness, and health facilities including swimming, yoga, spin classes and martial arts.
(6) Auditoriums and conference rooms.
(7) Automobile parts and supply stores.
(8) Bakery goods distr ibutors.
(9) Bakery shops, including baking only when incidental to retail sales on the premises. (10) Banks and financial institutions.
(11) Barber and beauty shops.
(12) Bicycle sales and rentals.
(13) Billiard and pool halls.
(14) Blueprint and duplicating services.
(15) Book stores and binders.
(16) Bowling alleys.
(17) Catering services.
(18) Ceramic sales and manufacturing for on -site sales, provided the total volume of kiln space does not exceed sixteen (16) cubic feet.
(19) Churches, temple s and other places of religious worship. (20) Cleaning and dyeing shops.
(21) Clothing stores.
(22) Confectionery or candy stores.
(23) Convenience stores, not including the sale of motor vehicle fuel (24) Costume design studios.
(25) Dance halls, drama a nd music classes.
(26) Day care centers.
(27) Delicatessens.
(28) Department stores.
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(29) Drug stores.
(30) Dry goods stores.
(31) Electrical substations.
(32) Employment agencies.
(33) Escort bureaus.
(34) Feed and grain sales.
(35) Fishing and casting pools.
(36) Florist shops.
(37) Food markets and frozen food lockers.
(38) Gasoline service stations, not including the concurrent sale of beer and wine for off - premises consumption, excluding truck stops/travel centers. (39) Gift shops.
(40) Golf cart sales and service.
(41) Hardware stores.
(42) Household goods sales and repair, including, but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof. (43) Hobby shops.
(44) Hotels, resort hotels and motels.
(45) Ice cream shops.
(46) Ice sales, not including ice plants.
(47) Interior decorating shops.
(48) Jewelry stores with incidental repairs.
(49) Labor temples.
(50) Laboratories, film, dental, medical, research or testing. (51) Laundries and laundromats.
(52) Leather goods stores.
(53) Locksmith shops.
(54) Mail order businesses.
(55) Manufacturer's agent.
(56) Market, food, wholesale or jobber.
(57) Massage parlors, Turkish baths, health centers and similar personal service establishments. (58) Meat markets, not including slaughtering.
(59) Mimeographing and addressograph services.
(60) Mobilehomes, provided they are kept mobile and licensed pursuant to state law, use for:
(a) Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, providing they are inconspicuously located. (b) Agricultural worker employment offices for a maximum of ninety (90) days in any calendar year.
(c) Caretakers or watchmen and their families provided no rent is paid, where a permitted and existing commercial use is established. Not more than one (1) mobilehome shall be allowed for a parcel of land or a shopping center complex.
(61) Music stores.
(62) News stores.
(63) Notions or novelty stores.
(64) Nurseries and garden supply stores.
(65) Offices, business.
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(66) One on-site operator's residence, which may be located in a commercial building. (67) Paint and wall paper stores, not including paint contractors. (68) Parking lots and parking structures.
(69) Pawn shops.
(70) Pet shops and pet supply shops.
(71) Photography shops and studios and photo engraving. (72) Plumbing shops, not including plumbing contractors. (73) Poultry markets, not including slaughtering or live sales. (74) Printers or publishers.
(75) Produce markets.
(76) Radio and television broadcasting studios.
(77) Recording studios.
(78) Recycling collection facilities.
(79) Refreshment stands.
(80) Restaurants and other eating establishments.
(81) Shoe stores and repair shops.
(82) Shoeshine stands.
(83) Signs, on-site advertising.
(84) Sporting goods stores.
(85) Stained glass assembly.
(86) Stationery stores.
(87) Stations, bus, railroad and taxi.
(88) Taxidermist.
(89) Tailor shops.
(90) Telephone exchanges.
(91) Theaters, not including drive-ins.
(92) Tobacco shops.
(93) Tourist information centers.
(94) Toy shops.
(95) Travel agencies.
(96) Typewriter sales and rental and incidental repairs. (97) Watch repair shops.
(98)Wedding chapels.
(99) Wholesale businesses with samples on the premises, but not to include storage.

Section 12. Subsection C of Section 9.132.020 (Use Permitted) of Chapter 9.123 (C -N Zone (Commercial -Neighborhood)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“C. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 9.240.280:
(1) Bar/tavern pursuant to Section 9.240.49 0.
(2) Club, lodge, private meeting hall.
(3) Grocery, liquor and specialty foods retail —Five thousand (5,000) square feet to twenty thousand (20,000) square feet gross floor area.
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(4) Public assembly facility.
(5) Public safety facilities (police, fi re, EMT, etc.). (6) Schools—Private, religious, specialty.
(7) Social service or charitable organization.
(87) Theatre, museum or cultural center.
(98) Clubs, lodges, private meeting halls and restaurants with on -premises consumption, and convenience s tores with alcoholic beverages sales with off -premises consumption pursuant to Section 9.240.490.
(109) Automobile fueling stations, with or without the concurrent sale of beer and wine for off-premises consumption, excluding truck stops/travel centers.” Section 13. Subsection A of Section 9.140.020 (Uses Permitted) of Chapter 9.140 (R - VC Zone (Rubidoux-Village Commercial)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“A. Uses with limited outside storage. The following uses are permitted, only in enclosed buildings with not more than two hundred (200) square feet of outside storage or display of materials appurtenant to such use, on any site within the R-VC subject to a site development permit approved pursuant to the provisions of Section 9.240.330. Some of the uses may be permitted with more than two hundred (200) square feet of outside storage with a conditional use permit as described in subsection C. of this section.

USES PERMITTED WITH OUTSIDE STORAGE LIMITED TO 200 SQUARE FEET

West Village Village Center East Village No. Uses Permitted X X 1 Ambulance services.

X X X 2 Antique shops.

X X X 3 Appliance stores, household.

X X X 4 Art galleries, libraries, reading rooms,
museums.

X X X 5 Art supply shops and studios.

X X 6 Auction houses used in conjunction
with the primary use(s).

X X X 7 Auditoriums and conference facilities.

X X X 8 Automobile parts and supply stores.

X X 9 Automobile repair shops.

X X X 10 Bakery goods distributors.

X X X 11 Bakery shops, including baking only
when incidental to retail sales on the
premises.

X X X 12 Banks and financial institutions.

X X X 13 Barber and beauty shops.

X X X 14 Bicycle sales and rentals with
incidental repair.

X X X 15 Billiard and pool halls.
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X X X 16 Blueprint and duplication services.

X X X 17 Book stores and binders.

X X 18 Catering services.

X X 19 Car washes.

X X X 20 Ceramic sales and manufacturing for
on-site sales, provided the total
volume of kiln space does not exceed
sixteen (16) cubic feet.

X X X 21 Churches, temples and other places of
religious worship.

X X X 22 Cleaning and dyeing shops.

X X X 23 Clothing stores.

X X X 24 Confectionery or candy stores.

X X X 25 Convenience stores, not including the
sale of motor vehicle fuel.

X X X 26 Costume design studios.

X X 27 Dance halls, drama and music classes.

X X X 28 Day care centers.

X X X 29 Delicatessens.

X X X 30 Department stores.

X X X 31 Drug stores.

X X X 32 Dry goods stores.

X X X 33 Employment agencies.

X X X 34 Escort bureaus.

X X X 35 Feed and grain sales.

X X X 36 Florist shops.

X X X 37 Food stores and frozen food lockers.

X X X 38 Fortune telling, spiritualism.

X X X 39 Gift shops.

X X X 40 Golf cart sales and service.

X X X 41 Hardware stores.

X X X 42 Household goods sales, including, but
not limited to, new and used
appliances, furniture, carpets,
draperies, lamps, radios, and
televisions sets, including repair
thereof.

X X X 43 Hobby shops.

X X X 44 Ice cream shops.

X X X 45 Ice sales, not including ice
manufacturing plants.

X X X 46 Interior decorating shops.

X X X 47 Jewelry stores, including incidental
repairs.

X X X 48 Union halls.
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X X X 49 Laboratories: film, dental, medical,
research or testing.

X X X 50 Laundries and laundromats.

X X X 51 Leather goods stores.

X X X 52 Locksmith shops.

X X X 53 Mail order businesses.

X X X 54 Manufacturer's agent.

X X X 55 Market, food: wholesale or jobber.

X X X 56 Massage parlors, Turkish baths, health
centers and similar personal service
establishments.

X X X 57 Meat markets, not including
slaughtering.

X X X 58 Mortuaries.

X X X 59 Music stores.

X X X 60 News stores.

X X X 61 Notion or novelty stores.

X X X 62 Nurseries or garden supply stores.

X X X 63 Offices, including business, law,
medical, dental, chiropractic,
architectural, engineering, community
planning, and real estate.

X X X 64 One (1) on -site operator's residence,
which may be located in a commercial
building.

X X X 65 Paint and wallpaper stores.

X X X 66 Parking lots and parking structures.

X X X 67 Pawn shops.

X X X 68 Pet shops and pet supply shops.

X X X 69 Photography shops and studios and
photo engraving.

X X 70 Plumbing shops, not including
plumbing contractors.

X X X 71 Poultry markets, not including
slaughtering or live sales.

X X X 72 Printers or publishers using offset or
electrostatic technology.

X X X 73 Produce markets.

X X X 74 Radio and television broadcasting
studios.

X X X 75 Recording studios.

X X 76 Recycling collection facilities.

X X X 77 Refreshment stands.

X X X 78 Restaurants and other eating
establishments.
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X X X 79 Schools:Swimming businesses.

X X X 80 Shoe stores and repair shops.

X X X 81 Shoe-shine stands.

X X X 82 Signs, on-site advertising.

X X X 83 Sporting goods stores.

X X X 84 Stained glass assembly.

X X 85 Stationery stores.

X X 86 Stations: bus, railroad and taxi.

X X X 87 Taxidermist.

X X X 88 Tailor shops.

X X X 89 Telephone exchanges.

X X 90 Theaters, not including drive-ins.

X X 91 Tire sales and service, not including
recapping.

X X X 92 Tobacco shops.

X X X 93 Tourist information centers.

X X X 94 Toy shops.

X X X 95 Travel agencies.

X X X 96 Typewriter sales and rental, including
incidental repairs.

X X X 97 Watch repair shops.

X X X 98 Wholesale businesses with samples on
the premises but not including storage.

Section 14. Subsection B of Section 9.175.020 (Use Permitted) of Chapter 9.175 (A -1 Zone (Light Agriculture)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“B. The following uses are permitted subject to the approval of a site development permit pursuant to Section 9.240.330. The site development permit approval may include conditions requiring fencing and landscaping of the parcel to assure that the use is compatib le with the surrounding area.
(1) Fraternal lodge halls, including grange halls.
(2) Churches, temples, or other structures used primarily for religious worship. (3) Private schools.
(4) Libraries.
(54) Public utility facilities.
(65) A permanent stand for the display and sale of the agriculture product of any permitted use that is produced upon the premises where such stand is located or upon contiguous lands owned or leased by the owner or occupant of the premises.
(76) An additional one (1) family dwelli ng (including mobilehomes), excluding the principal dwelling, shall be allowed for each ten (10) acres gross being farmed. Said additional dwelling units shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a one (1) family residence provided that:
(a) The dwellings are not rented or held out for lease. -16-
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(b) The dwellings are located not less than fifty (50) feet from any property line. (c) The dwellings are screened from view from the front property line by shrubs or trees. (d) The arrangement of the dwellings, sanitary facilities and utilities conforms with all of the requirements of the Riverside County of Department Environmental Health, the City Building and Safety Division and state la w.
(e) The number of dwellings for employees shall not exceed four (4) per established farming operation.
(87) Beauty shops, including beauty shops operated from a home by its inhabitants where no assistants are employed and the on -site sign is unlighted and does not exceed two (2) square feet in area.
(98) Real estate offices, including temporary real estate tract offices, located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two ( 2) years in any event.
(109) Winery and appurtenant and incidental uses with established on -site vineyard. (1110) Feed and grain sales.
(1211) Child day care center.

Section 15. Subsection B of Section 9.1 85.020 (Use Permitted) of Chapter 9.185 (A -2 Zone (Heavy Agriculture)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text and deletions shown in strikethrough text):
“B. The following uses are permitted subject to the approval of a site development permit pursuant to Section 9.240.330. The site development permit approval may include conditions requiring fencing and landscaping of the parcel to assure that the use is compatible with the surrounding area:
(1) A permanent stand for the display and sale of the agriculture produce of any permitted use that is produced upon the premises where such stand is located or upon contiguous lands owned or leased by the owner or occupant of the premises.
(2) Canning, freezing, packing plants and drying yards that are not in conjunction with a farming operation.
(3) Churches, temples, or other structures used primarily for religious worship. (4) Fraternal lodge halls, including grange halls.
(5) Libraries.
(6) An additional one (1) fami ly dwelling (including mobilehomes), excluding the principal dwelling, shall be allowed for each ten (10) acres gross being farmed. Said additional dwelling units shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a one (1) family residence provided that:
(a) The mobilehome shall have a floor area of not less than four hundred and fifty (450) square feet.
(b) The dwellings are not rented or held out for lease to anyone other than an employ ee of the farming operation.
(c) The dwellings are located not less than fifty (50) feet from any property line. (d) The dwellings are screened from view from the front property line by shrubs or trees. (e) The arrangement of the dwellings, sanitary fa cilities and utilities conforms with all of the requirements of the Riverside County Department of Environmental Health, City Building and Safety Division and state law.
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(f) The number of dwellings for employees shall not exceed four (4) per established farming operation.
(7) Private schools.
(8) Public utility facilities.
(98) Truck transfer stations and depots for use in the cartage, storage, maintenance, weighing and transfer of agricultural commodities.
(109) Meat cutting and packaging plants, provided there is no slaughtering of animals or rendering of meat.
(1110) Agricultural equipment sales and repair yards.
(1211) Commercial fertilizer operations the stockpiling, drying, mechanical processing and sale of farm animal manure produced on and off the p remises. (1312) Feed store.
(1413) Real estate office.
(1514) Expansion of an existing dairy farm provided that:
(a) The total number of animals permitted on expansion shall not exceed one hundred and fifty (150) percent of the total number of animals which were permitted for the original dairy farm.
(b) Notwithstanding anything to the contrary, applications for site development permits submitted pursuant to Section 9.240.330 shall show the entire dairy farm as proposed after expansion.
(1615) Beauty shop s operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two (2) square feet in area. (1716) Expansion of an existing commercial poultry operation provided that:
(a) The total number of fowl permitted on expansion shall not exceed one hundred and fifty (150) percent of the total number of fowl which were permitted for the original commercial poultry operation.
(b) Notwithstanding anything to the contrary, applications for site develop ment permits submitted pursuant to Section 9.240.330 shall show the entire poultry operation as proposed after expansion.
(1817) Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.
(1918) Child day care cente r.”

Section 16. Subsection C of Section 9.205.020 (Use Permitted) of Chapter 9.205 (W -2 Zone (Controlled Development Areas)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined t ext and deletions shown in strikethrough text):
“C. The following uses shall be permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330:
(1) Guest ranches.
(2) Educational inst itutions, lLibraries, museums and post offices. (3) Tennis and polo clubs.
(4) Meat cutting and packaging plants, provided there is no slaughtering of animals or rendering of meat.
(5) An additional one (1) family dwelling (including mobilehomes), excluding the principal dwelling, shall be allowed for each ten (10) acres being farmed. Said additional dwelling units -18-
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shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a one (1) family r esidence, provided that:
(a) The mobilehome shall have a floor area of not less than four hundred and fifty (450) square feet.
(b) The dwellings are not rented or held out for lease to anyone other than an employee of the farming operation.
(c) The dwellings are located not less than fifty (50) feet from any property line. (d) The dwellings are screened from view from the front property line by shrubs or trees. (e) The arrangement of the dwellings, sanitary facilities and utilities conforms with all of the requirements of the Riverside County Department of Environmental Health, City Building and Safety Division and state law.
(f) The number of dwellings for employees shall not exceed four (4) per established farming operation.
(6) Radio and television broadcasting stations, antennas, cable installations, and microwave relay stations and towers in accordance with Section 9.240.330(l)(c). (7) Churches, temples and other places of religious worship. (8) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two (2) square feet in area. (9) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, b ut not to exceed a period sale of two (2) years in any event. (10) Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.
(11) Child day care center.”

Section 17. Subsection C of Section 9.232.020 (Use Permitted) of Chapter 9.232 (Air Zone (Airport)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with deletions shown in strikethrough text):
“C. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 9.240.280:
(1) Hotels, motels.
(2) Student housing.
(3) Recreational facilities that are non-bird attracting. (4) Technical schools or other educational uses.
(5)Farmers markets consistent with Section 9.240.520.”

Section 18. Section 9.238.050 (Use Permitted) of Chapter 9.238 (Planned Unit Development (PUD)) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with deletions shown in strikethrough text):
“The following uses are permitted in the PUD zone, subject to the zoning requirements contained in the adopted PUD:

(1) Residential uses, including single-family and multi-family dwellings; (2) Commercial and office uses and office parks;
(3) Manufacturing uses and industrial parks;
(4) Open space, recreation areas, trails, equestrian facilities and parks; -19-
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(5) Public facilities, including, but not limited to, schools, libraries, government buildings and water and sewer facilities;
(6) Health and community service facilities;
(7) Home occupations;
(8) Community-supported agricultural and community gardens; (9) Accessory uses;
(10) Child day care centers;
(11) Mixed-uses, including two or more complementary and compatible land uses; and (12) Other land uses determined compatibl e with their surroundings and consistent with the purpose and intent of this article.”

Section 19. Subsection A of Section 9.240.310 (Public use permits ) of Chapter 9.240 (General Provisions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code shall be revised to read as follows (with additions shown in underlined text):
“A. Permitted uses. Notwithstanding any other provisions of this title, the following uses may be permitted in any zone classification including Planned Unit Development Zones and Spe cific Plan Zones; provided, that a public use permit is granted pursuant to the provisions of this section:
(1) Educational institutions;
(2) Facilities for the storage or transmission of electrical energy where the city is not preempted by law from exercising jurisdiction. This subsection shall take precedence over and supersede any conflicting provision in any zone classification. Facilities for the storage or transmission of electrical energy shall not be subject to the development standards of the zone classification in which they are located;
(3) Government uses;
(4) Any hospital or other facility that is licensed by the state as such, not including a family care, foster home or group home that serves six (6) or fewer persons; (5) Any home or othe r facility for the aged or children that is licensed by the state or county as such, not including a home or facility that serves six (6) or fewer children or aged persons, nor a large family day care home that serves seven (7) to twelve (12) children. The facilities shall be developed in accordance with the standards set forth in Sections 9.270.020 and 9.270.030; (6) Halfway house;
(7) Public utilities.”

Section 20. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 21. Effect of Ordinance . This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by reference by t he City of Jurupa Valley in conflict with the terms of this Ordinance.

Section 22. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. -20-
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Section 23. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of April, 2024.

_____________________________
Guillermo Silva
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2024 -08 was regularly introduced at a regular meeting of the City Council held on the 4th day of April, 2024 and thereafter at a regular meeting held on the 18th day of April, 2024, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of April, 2024

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

Page | 1
120
S

TAFF REPORT
DATE: A PRIL 18, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 13.D
A

UTHORIZATION TO ACCEPT THE MANUFACTURED HOUSING

OPPORTUNITY AND REVITALIZATION GRANT FROM THE

CALIFORNIA DEPAR TMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

RECOMMENDATION

1. R
equested Action: That the City Council adopt Resolution No. 2024-21, entitled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, AUTHORIZING AND ACCEPTING A PROGRAM AWARD FOR

THE MANUFACTURING HOUSING OPPORTUNITY AND REVITALIZATION (MORE) PROGRAM AND AUTHORIZE THE EXECUTION OF A STANDARD

AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED

DOCUMENTS NECESSARY TO PARTICIPATE IN THE MORE PROGRAM

2. Authorize the Interim Finance Director to make any necessary budget adjustments.

BACKGROUND
O
n June 30, 2022, Governor Gavin Newsom approved statutory changes to Health and Safety Code (HSC), commenc ing with Section 50780, which establishes the MORE program. The intent of this legislation is to ensure that Mobilehome Parks can continue to provide a significant source of affordable homeownership for California residents.

The MORE program was established to replace the state's underutilized Mobilehome Park Rehabilitation and Resident Ownership Program (MPPROP). Under the new MORE Program, the types of eligible applicants were expanded to include local public entities, qualified nonprofit housi ng sponsors and in some cases private Mobilehome Park owners. The changes to this section of the HSC also allow for Mobilehome Parks

RETURN TO AGENDA

Page | 2

that do not have a permit to operate or whose permit has been suspended to utilize MORE program funds.

Key policy goals of the MORE program captured in the guidelines include:
- Rehabilitation of Mobilehome Parks that have the most severe health and safety concerns;
- Providing funding for the rehabilitation and/or replacement of individual Mobilehomes;
- The creation of Affordability Restrictions for assisted Mobilehome Parks.

In May of 2023, Senator Richard Roth held a workshop for manufactured home owners at Jurupa Valley City Hall. During this meeting , he announced the MORE program opportunity that was available for manufactured home rehabilitation. Staff went to action for the residents and designed a revitalization program specifically for manufactured home owners in the City of Jurupa Valley. Jurupa Valley was awar ded $3 million dollars from the California Department of Housing and Community Development (HCD) to complete the activities between December 18, 2023 and April 5, 2026.

ANALYSIS

MORE is similar to the City’s Home Rehabilitation Program that is currently funded through Community Development Block Grants; however, this program is specific to the rehabilitation of manufactured homes as the grant requires. Mobilehome residents will be able to apply through the City of Jurupa Valley for assistance to help make needed repairs including plumbing, roofing, heating, ventilation, electrical, and other qualified work. The City will identify and give priority to the most in- need households first, and once these residents are served; will open up funding to remaining manufactured home owners on a first come basis until funds are depleted.

The City has 19 manufactured home parks with approximately 1758 homes. The City hopes to award approximately 168 manufactured home owners funding between $1,000- $20,000 for much needed repairs to their homes.

The California Department of Housing and Community Development requires formal Council action accepting the grant funds and for administration of the program. This item satisfies that requirement.

FINANCIAL IMPACT
The City will receive $3 million dollars from the California Department of Housing and Community Development for the implementation of MORE. No local matching funds were required or proposed as part of this project.

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RESOLUTION NO. 2024-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA , AUTHORIZING AND ACCEPTING A

PROGRAM AWARD FOR THE MANUFACTURING HOUSING

OPPORTUNITY AND REVITALIZATION (MORE) PROGRAM AND

AUTHORIZE THE EXECUTION OF A STANDARD AGREEMENT, ANY

AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS

NECESSARY TO PARTICIPATE IN THE MORE PROGRAM

WHEREAS, the California Department of Housing and Community Development ("Department"), as authorized by California Health & Safety Code § 50780 et seq., has issued a Notice of Funding Availability, dated May 2, 2023, as amended November 9, 2023 (“MORE NOFA”); and

WHEREAS, City of Jurupa Valley, a Local Public Entity (“Public Entity”), submitted an application to the Department in response to the MORE NOFA (“Application”) and in the foregoing capacity, was determined to be an eligible [Recipient] under the MORE Program pursuant to that certain conditional award letter, dated December 18, 2023 (“Conditional Award Commitment”); and

WHEREAS, pursuant to the Conditional Award Commitment, the Department made a conditional award to the Public Entity in the amount of $3,000,000.00; and

WHEREAS, the award expressly identified above will hereinafter be referred to as the “Program Award.”

NOW, THEREFORE, BE IT RESOLVED that the City Council is hereby authorized and directed to act on its own behalf in connection with the Program Award.

RESOLVED FURTHER: Public Entity is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the total amount of the Program Award, the Public Entity is authorized and directed to enter into, execute, and deliver the STD 213 Standard Agreement, and any and all other documents required or deemed necessary or appropriate to secure the Program Award from the Department and to participate in the MORE Program, and all amendments thereto (collectively, “Program Award Documents”).

RESOLVED FURTHER: Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the STD 213 Standard Agreement, and that the MORE NOFA and the Application will be incorporated by reference therein and made a part thereof.

Public Entity also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the STD 213 Standard Agreement. Public Entity also acknowle dges and agrees that Program Award funds are to be expended only on the eligible uses and activities identified in the STD 213 Standard Agreement.

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RESOLVED FURTHER: That the City Manager or his/her designee is hereby authorized to execute the Program Award Documents on behalf of the Public Entity.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this April 18, 2024.

________________________________
Guillermo Silva
Mayor

ATTEST:

________________________________
Victoria Wasko, CMC
City Clerk

.
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPAV ALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 20 24-21 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 18th day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California , this 18th day of April, 2024. .

Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
120
S

TAFF REPORT
DATE: A PRIL 18, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: MICHAEL PEREZ, MANAGEMENT AIDE
S
UBJECT: AGENDA ITEM NO. 13.E
AP
PROVAL OF AN AGREEMENT WITH FLOCK GROUP, INC.

COMMENDATION

1. Th
at the City Council approve the Flock Group, Inc. Services Agreement in the amount of $565,000.00 for installation of 60 Flock Safety Cameras and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney;

2. A
uthorize the Interim Finance Director to make any necessary budget adjustments.

ACKGROUND
T
he State Budget Act of 2022 established the Organized Retail Theft Prevention Grant Program. This State program made funding available for governmental agencies to implement programs intended to prevent and respond to organized retail, motor vehicle, and cargo theft.

I
n September 2023, the City was informed that its application for $2,219,710 in funding for a proposed Retail Theft Prevention (RTP) Program was approved by the State. The City’s grant award included funding for Flock Safety Cameras and a 3-year subscription.

A
t the July 15, 2021 meeting, the Council received a presentation from Jesse Mund of The Flock Group, Inc. He discussed the capabilities and public safety attributes of the Flock Camera System and the cost effective system that is being used by the cities of Norco, Corona, Lake Elsinore, Moreno Valley, Menifee, Hemet, San Jacinto, Beaumont, Ontario and Redlands. These capabilities include identifying suspect vehicles linked to one or multiple crimes, identifying vehicle path of travel with Real-Time Routing Analysis, and delivering actionable alerts to the Riverside County Sherriff’s Department so they can clear cases more efficiently.

RETURN TO AGENDA
Page | 2

At the July 7, 2022 Council meeting, the City Council approved the installation of 20 Flock Safety Cameras, which were located at eight major intersections where the Flock camera system captured data from the most highly trafficked areas in the City.

ANALYSIS

T
he Flock Group, Inc. Services Agreement has been reviewed and revised by the City Attorney's office and has been mutually negotiated and agreed upon, with Flock Group Inc. and the City's legal counsel. The proposed locations have been identified and are presented in an attached Exhibit. The installation of the Flock Falcon cameras and on -
g
oing annual subscription will connect the City of Jurupa Valley to the existing network of license plate cameras located within neighboring jurisdictions.

T
he 60 Flock Safety Cameras will be strategically placed throughout the city and allow law enforcement to effectively monitor and track suspect vehicles entering and exiting the city. These cameras will deter future criminal activity from taking place and allow law enforcement to apprehend criminals more efficiently. The strategic placement of these devices takes into consideration the flow of traffic and areas with high commercial activity, ensuring maximum coverage and surveillance of potential theft activities.

FINANCIAL IMPACT

The entire cost for the proposed consultant services, in the amount of $565,000, is included in the State’s Organized Retail Theft Prevention Program Grant.

Annual Recurring Subscription Total: $180,000.00

ALTERNATIVES

1. Recommended Action: That the City Council approve the agreement for consultant services.

2. Decline to approve the proposed consultant services.

3. Defer action and request additional information.

Item Cost
60 Flock Safety Cameras Platform
Implementation (Yr. 1)
$205,000
Recurring Subscription (Yr. 2 & 3) $360,000
Contract Total: $565,000.00

Flock Safety + CA - City of Jurupa
Valley

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318

MAIN CONTACT:

Jesse Mund
[email protected]
7138996379

EXHIBIT A

ORDER FORM

Customer: CA - City of Jurupa Valley Initial Term: 36 Months Legal Entity Name: CA - City of Jurupa Valley Renewal Term: 12 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 8920 Limonite Ave Jurupa Valley, California
92509
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $180,000.00
Flock Safety Flock OS
FlockOS ™ - Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 60 Included

Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 32 $20,800.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 28 $4,200.00

Subtotal Year 1: $205,000.00
Annual Recurring Subtotal: $180,000.00
Estimated Tax: $0.00
Contract Total: $565,000.00

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for up to two (2), successive renewal terms of the greater of one year (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $205,000.00
Annual Recurring after Year 1 $180,000.00
Contract Total $565,000.00
*Tax not included
Product and Services Description

Flock Safety Platform Items Product Description Terms
FlockOS™ Flock Safety’s situational awareness operating system.

Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description
FlockOS Features Description
Community Network Access Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Law Enforcement Network Access Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Jurupa Valley

By:

Name: Name:

Title: Title:

Date: Date:

PO Number:

Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 11 day of March 2024. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS

WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”);

WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services;

WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly, and is thereby rendered “anonymized data” as defined in ISO 25237:2017, Sections 3.2 and 3.3.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer and/or RSO accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided or made accessible by Customer, RSO, or any Authorized End User through or in connection with the Services.

For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party cameras owned or provided by Customer, if any, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, cameras, clamps, solar panel, installation components, and any other Flock-owned physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” or “Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services and Flock Hardware.

1.13 “Retention Period” means the time period that the Customer Data is stored by Flock within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

1.16 “RSO” means the Sheriff’s Department of the County of Riverside, California.

1.17 “Applicable Laws” means Title 1.81 of Part 4 of Division 3 of the California Civil Code, including Section 1798.90.5, et seq., and the California Consumer Privacy Act, Section 1798.100, et seq., Government Code Section 7284, et seq., and any and all other applicable local, State and federal laws, codes, orders, and regulations.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer and RSO a non-exclusive, non- transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the longer of: the Retention Period, period of retention required by Customer’s records retention requirements or State law including California Government Code Section 34090, et seq., or any period set forth in a notice of litigation hold as provided herein. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Access by any Authorized End User of the Flock Services shall require 2-step verification. Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage), provided any such third parties with access to Customer Data, are required to maintain confidentiality of Customer Data.

Guaranteed Service Level. At all times Flock will provide a minimum level percentage of monthly (30 day) availability of the Services to Agency and RSO (“Monthly Availability Service Level Percentage” of not less than 99% using the following formula:

Monthly Availability Service Level Percentage (%) = Maximum Available Minutes (30 days) - (minus) Scheduled and Unscheduled Downtime Minutes ÷ (divided) by Maximum Available Minutes (30 days) x (multiplied by) 100

“Unscheduled Downtime” shall not include periods of Service Suspension

2.2 Embedded Software License. Flock grants Customer and RSO a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within forty-eight (48) hours of becoming aware of a malfunction in the Flock Services or Flock Hardware. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its customers, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand and agree that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required in order to provide the Services, are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of an unforeseeable Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties under Customer’s direction, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit, unless the suspension occurred at no fault of Customer. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer/RSO. Authorized End Users shall only use Customer/RSO-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer/RSO provides Flock with up to date contact information at all times during the Term of this agreement. Customer/RSO shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer/RSO shall (at its own expense) require RSO to provide Flock with reasonable access and use of RSO facilities and RSO personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

NOTWITHSTANDING ANY OTHER PROVISION HEREIN, FLOCK ACKNOWLEDGES AND AGREES THAT RSO WILL BE AN “AUTHORIZED END USER” AND THE

OPERATOR OF THE ALPR SYSTEM INCLUDING ALL FLOCK HARDWARE, FLOCK IP,

AND THE SERVICES AS PERMITTED BY THIS AGREEMENT, AS IT IS THE LAW

ENFORCEMENT AGENCY PROVIDING LAW ENFORCEMENT SERVICES FOR

CUSTOMER AND THAT IT IS RSO THAT WILL BE ACCESSING AND USING THE ALPR DATA COLLECTED BY THE FLOCK HARDWARE, SOFTWARE AND SYSTEM.

FLOCK SHALL EXTEND TO RSO THE SAME RIGHTS AND BENEFITS OF THIS

AGREEMENT AS ARE PROVIDED TO CUSTOMER, INCLUDING, WITHOUT LIMITATION, THE RIGHTS AND BENEFITS OF THIS SECTION 3, SECTION 4, SECTION 7, SECTION 8, AND SECTION 9, AND RSO SHALL BE RESPONSIBLE FOR COMPLIANCE WITH THESE SECTIONS.

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer/RSO shall use Flock Services only in compliance with this Agreement and all Applicable Laws, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. For the term of this Agreement, Customer hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell, share or disseminate Customer Data, except as expressly permitted herein.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. For the term of this Agreement, Customer grants Flock a non- exclusive, worldwide, royalty -free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell , share or disseminate Customer Generated Data, except as expressly permitted herein.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

4.4 Security of Customer Data. In storing, handling, transmitting, and/or accessing Customer Data, Flock shall incorporate a comprehensive set of data security protocols comprising a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or exceed the security controls identified in the current version of NIST SP800-53, to protect Customer Data at rest, in use, and in transit, and that, at minimum: (i) control access to Customer Data; (ii) include regular audits, including threat assessments, to evaluate susceptibility to unauthorized access; (iii) provide regular maintenance and updating to ensure current cyber threats are identified and proactive defensive measures are undertaken; (iv) meet all current rules, regulations and standards of the Criminal Justice Information Services, Division of the Federal Bureau of Investigation (CJIS), including ensuring that persons having access to Customer Data are free of criminal history or any other security threat that would otherwise disqualify any such person from accessing confidential criminal justice information under current rules, regulations and standards of the CJIS; and (v) provide for the physical and environmental protection of all Customer Data.

In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data, or the physical, technical, administrative, or organizational safeguards put in place by Flock that relate to the protection of the security, confidentiality, or integrity of Customer Data, Flock shall, as applicable: (a) notify Customer as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; and, (b) cooperate with Customer in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Customer consistent with applicable laws.

Notification to affected individuals, as described above, shall comply with applicable law.

Any and all cloud based storage shall be in compliance with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto. All Customer Data storage shall be provided solely within the continental United States and on computing and data storage devices residing therein, and all such locations shall be disclosed to Customer promptly upon request.

Customer shall have full and complete access to, and ability to download, Customer Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Flock.

Customer may at any time, provide Flock with a written “litigation hold”, therein requiring Flock to isolate and maintain any Customer Data that becomes relevant to any criminal or civil action involving Customer or RSO. Flock shall comply with the litigation hold and confirm that the subject records have been identified and isolated, pending release by Customer. During the period of the litigation hold, Flock shall make the records that are the subject of the litigation hold available to Customer.

To the maximum extent permitted by law, Flock shall indemnify, defend and pay reasonable attorneys’ fees and costs, and hold the Customer, the County of Riverside, and Customer’s and County’s elected officials, officers, employees, and agents free and harmless, with respect to any and all claims and liabilities to the extent arising out of, related to, or incurred in connection with any unauthorized access to or theft of Customer Data, including any and all related bank charges in the case of identity theft, provided, however, that Flock’s defense and indemnification hereunder and liability for “cyber theft” shall be limited to Flock’s cyber liability insurance policy limits set forth in this Agreement.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data including Customer Data provided or made accessible by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, the California Public Records Act, or subpoena, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term,
this Agreement will automatically renew for up to two (2), successive renewal terms of one year (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software to perform as required (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace the defective Hardware, Software or other Flock product, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. At all times herein, Flock will maintain the insurance policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

10.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) TO INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. To the fullest extent permitted by law, Flock shall indemnify, defend and hold harmless Customer, the County of San Bernardino, and each of Customer’s and County’s elected officials, officers, employees, volunteers and agents, from liability of any kind, including claims, costs (including defense), stop notices, liens, damages, and expenses, on account of any damage to property and/or injury to or death of any person, arising out of, related to, or incurred in connection with Flock’s installation of Flock Hardware and/or provision of the Services, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees.

Infringement. Notwithstanding any other provision herein, Flock shall indemnify, defend and pay reasonable attorneys’ fees and costs, and hold Customer and County, and their elected officials, officers, employees, agents and volunteers harmless with respect to any and all claims, judgments, and liabilities alleging infringement or violation of any intellectual or proprietary property right, as a result of Customer’s use of the Services and/or the Flock Hardware in accordance with the provisions of this Agreement. Should Customer be prevented from using the Services or any of the Flock Hardware as a result of any such infringement claim or violation, at Flock’s expense, Flock shall (i) obtain all rights for Customer to utilize the Services and/or Hardware; (ii) provide alternate services or hardware providing substantially the same functionality; or (iii) provide a pro-rata refund of sums paid for Services not rendered due to Customer’s inability to use the Services and/or Flock Hardware due to such infringement, and, remove all Flock Hardware and restore each installation site to its original condition, reasonable wear and tear excepted.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.

Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer. All installation locations must be approved by Customer prior to installation of the Flock Hardware.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent Customer-requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the agreed-upon locations and to make any necessary inspections or maintenance in connection with such installation.
[EXHIBIT “C” REQUIRES REVIEW PRIOR TO EXECUTION]

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner, in compliance with all Applicable Laws, including CalTrans’ regulations for roadway management, related to maintaining safety of the public, public roadways, and any and all other public property to be utilized during, and as part of, the Installation Services, within a commercially reasonable time from the Effective Date of this Agreement . Flock shall promptly repair, at Flock’s sole expense, any public property damaged by Flock or anyone acting on behalf of Flock while or as a result of performing Installation Services. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all Applicable Laws, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). Furthermore, some or all of the Installation Services constitute “public works” as defined in California Labor Code Section 1720. As to any and all work performed by Flock constituting public works, Flock shall comply with all California Labor Code requirements set forth in Exhibit “D” hereto.

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California. The Parties hereto agree that venue shall be the Superior Court of the County of Riverside, or the U.S. District Court, Central District, State of California. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicate d in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. With Customer’s prior, written consent, Flock has the right to reference and use Customer’s or RSO’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event a Party or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish the other Party’s reputation, the innocent Party shall have the option to terminate this Agreement upon prior written notice to the other.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. Flock, and the commercial general and auto liability, and workers compensation, policies shall waive all rights of subrogation. Any “claims made” policies shall be endorsed with an extended reporting period of not less than three (3) years. No required policy shall have an issuance date later than the Effective Date.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

EXHIBIT C

CUSTOMER OBLIGATIONS

EXHIBIT D

CALIFORNIA LABOR CODE COMPLIANCE

1. Flock (“Contractor” herein) acknowledges that this contract with Customer (“City” herein) is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the City as the awarding body, and agrees to be bound by all the provisions thereof as though set forth in full herein.

2. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

3. In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes, only, pursuant to Labor Code Section 1771.1(a)].

4. Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissi oner in accordance with Labor Code Section 1771.4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. The Contractor shall post job site notices, as prescribed by regulation.

5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one cal endar week in violation of the provisions of Divi sion 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing the Agreement to which this Exhibit is attached, Contractor hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code whic h require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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120
S

TAFF REPORT
DATE: APRIL 18, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 13.F
A
DOPTION OF THE FIVE-YEAR MEASURE ‘A’ LOCAL STREETS AND

ROADS CAPITAL IMPROVEMENT PROGRAM

RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-22, entitled:

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

STREETS AND ROADS CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2024/2025 THROUGH 2028/2029
B

ACKGROUND
T
he City’s street system connects over 45 square miles of residential, commercial, industrial, urban, rural and transitional uses. This network consists of over 300 centerline miles and more than 700 lane miles of streets that the City is responsible to maintain.

One of the main sources for roadway capital improvement projects is from Measure “A.” Voters in Riverside County approved Measure “A” in 1988, which authorized the Riverside County Transportation Commission ( “RCTC”) to impose an additional one- half percent (0.5%) sales tax for the next 20 years to be used for improvements of state highways, public transit systems, and local streets. In 2002, voters in Riverside County approved a 30-year extension of the one-half percent sales tax for transportation improvements. Each City in Riverside County is required by RCTC to submit a Five Year Capital Improvement Program (“CIP”), as approved by its governing board, to indicate how Measure “A” funding will be utilized over the next five years. RCTC Ordinance No . 02 -001 (Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance), as enacted pursuant to Division 25 of the Public Utilities Code, specifies that local cities and the County must annually submit a 5-year Measure “A” CIP to receive Measure “A” funds. The program is subject to amendment by RCTC.

RETURN TO AGENDA
Page | 2

ANALYSIS
Staff has prepared the City of Jurupa Valley’s Measure “A” Local Streets and Roads Five- Year CIP for F iscal Year 202 4/2025 through F iscal Year 202 8/2029 (Included in Attachment B).

Shown below is RCTC’s estimated allocation to Jurupa Valley for each of the next 5 years.

YEAR EST AMOUNT
FY 24/25 $3,353,000
FY 25/26 $3,420,000
FY 26/27 $3,488,000
FY 27/28 $3,558,000
FY 28/29 $3,629,000
The City has Measure “A” funds can only be used for transportation related purposes and may be used to provide required City matching funds for other federal and state transportation grants. The projects included in the City’s Fiscal Year 2024/2025 Measure “A” Five-Year CIP satisfy the requirements of RCTC Ordinance No. 02-001 and meet all criteria for Measure “A” funding. In addition to the annual allocations, an estimated balance of approximately $1.8 million is available from prior year carryovers due to project savings from completed projects. The additional funds are proposed to be used to support the delivery of grant funded projects.

FINANCIAL IMPACT
Adoption of Measure “A” Local Streets and Roads Capital Improvement Program will have no impact on the City’s General Fund.

ALTERNATIVES
1) Do not adopt Resolution No. 2024-22.
2) Provide alternative direction to staff.

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

-1-

RESOLUTION NO. 2024-22

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

LOCAL STREETS AND ROADS CAPITAL IMPROVEMENT PROGRAM
FOR FISCAL YEARS 2024/2025 THROUGH 2028/2029

WHEREAS, The Riverside County Transportation Commission (RCTC) Ordinance No. 02-001 (Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance), as enacted pursuant to Division 25 of the Public Utilities Code, specifies that local cities and the county must annually submit a 5-year Measure “A” CIP to receive Measure “A” funds; and

WHEREAS, the City, will receive an estimated $3,353,000 in Measure “A” funding in Fiscal Year 2024/2025; and

WHEREAS, the funding from Measure “A” will help the City facilitate new and on-going projects throughout the City this year and many similar projects into the future.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Jurupa Valley, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The attached Five Year Measure “A” CIP For fiscal years 202 4/2025 through 2028/2029 will be funded in part or solely with Measure “A” revenues.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of April, 2024.

______________________________
Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

-2-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2024-22 was duly adopted and passed at a meeting of the City Council of the City of Jurupa Valley on the 18th day of April, 2024 by the following votes, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of April, 2024.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2025-01 2024-25 Citywide Sealing Project, Locations TBD Preventive Maintenance $600,000 $600,000 2025-02 2024-25 Citywide Pavement Rehabilitation, Locations TBD Street Resurfacing $1,750,000 $1,750,000 2025-03 Pavement Condition Assessment Pavement Maintenance Program $250,000 $250,000 2025-04 5% Overhead/Administration Other: Overhead/Administration $167,650 $167,650 2025-05 Certificates of Participation (COP) Series 2016A - Debt Service Rehabilitation $1,059,250 $1,059,250 2025-06 Mira Loma Area Safe Routes to School Sidewalk Gap Closure Safety Improvement(s) $3,500,000 $200,000 2025-07 Agate Street Complete Streets Project Safety Improvement(s) $1,400,000 $150,000 2025-08 Granite Hill Area Safe Routes to School Project Safety Improvement(s) $3,500,000 $1,000,000 Total: $12,226,900 $5,176,900
FY 2024/25
Agency:

Prepared by:

Phone #:

Date:

City of Jurupa Valley
Octavio Duran
(951) 332-6995
3/15/2024
FY 2022/23 Audited Measure A Balance: $5,603,162
FY 2023/24 Measure A Revenue $3,381,000
Less: FY 2023/24 Project Status Report Expenses: $3,112,200 Estimated Prior Year Measure A Balance: $5,871,962
Estimated FY 2024/25 Measure A Allocation: $3,353,000
Estimated Measure A Available for FY 2024/25 Projects: $9,224,962 Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2026-01 2025-26 Citywide Sealing Project, Locations TBD Preventive Maintenance $600,000 $600,000 2026-02 2025-26 Citywide Pavement Rehabilitation, Locations TBD Rehabilitation $1,572,750 $1,572,750 2026-03 5% Overhead/Administration Other: Overhead/Administration $171,000 $171,000 2026-04 Certificates of Participation (COP) Series 2016A - Debt Service Rehabilitation $1,058,500 $1,058,500 Total: $3,402,250 $3,402,250
FY 2025/26
Agency:

Prepared by:

Phone #:

Date:

City of Jurupa Valley
Octavio Duran
(951) 332-6995
3/15/2024
Estimated Prior Year Measure A Balance: $4,048,062
Estimated FY 2025/26 Measure A Allocation: $3,420,000
Estimated Measure A Available for FY 2025/26 Projects: $7,468,062 Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2027-01 5% Overhead/Administration Other: Overhead/Administration $174,400 $174,400 2027-02 Certificates of Participation (COP) Series 2016A - Debt Service Rehabilitation $1,060,500 $1,060,500 2027-03 2026-27 Citywide Pavement Rehabilitation, Locations TBD Street Resurfacing $1,634,950 $1,634,950 2027-04 2026-27 Citywide Sealing Project, Locations TBD Preventive Maintenance $600,000 $600,000 Total: $3,469,850 $3,469,850
FY 2026/27
Agency:

Prepared by:

Phone #:

Date:

City of Jurupa Valley
Octavio Duran
(951) 332-6995
3/15/2024
Estimated Prior Year Measure A Balance: $4,065,812
Estimated FY 2026/27 Measure A Allocation: $3,488,000
Estimated Measure A Available for FY 2026/27 Projects: $7,553,812 Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2028-01 2027-28 Citywide Sealing Project, locations TBD Preventive Maintenance $1,000,000 $1,000,000 2028-02 2027-28 Citywide Pavement Rehabilitation, Locations TBD Rehabilitation $2,558,000 $2,558,000 2028-03 5% Overhead/Administration Other: Overhead/Administration $177,900 $177,900 Total: $3,735,900 $3,735,900
FY 2027/28
Agency:

Prepared by:

Phone #:

Date:

City of Jurupa Valley
Octavio Duran
(951) 332-6995
3/15/2024
Estimated Prior Year Measure A Balance: $4,083,962
Estimated FY 2027/28 Measure A Allocation: $3,558,000
Estimated Measure A Available for FY 2027/28 Projects: $7,641,962 Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2029-01 2028-29 Citywide Sealing Project, locations TBD Preventive Maintenance $1,000,000 $1,000,000 2029-02 2028-29 Citywide Pavement Rehabilitation, Locations TBD Rehabilitation $2,629,000 $2,629,000 2029-03 5% Overhead/Administration Other: Overhead/Administration $181,450 $181,450 Total: $3,810,450 $3,810,450
FY 2028/29
Agency:

Prepared by:

Phone #:

Date:

City of Jurupa Valley
Octavio Duran
(951) 332-6995
3/15/2024
Estimated Prior Year Measure A Balance: $3,906,062
Estimated FY 2028/29 Measure A Allocation: $3,629,000
Estimated Measure A Available for FY 2028/29 Projects: $7,535,062 Item No. Project Name/Limits Project Type
Total
Cost
Anticipated Measure A
Funds Expended (Est thru
06/30/2024)
Estimated/Actual
Completion Status
2024-01 2023-24 Citywide Slurry Seal, Locations TBD Preventive Maintenance $450,000 $0 11/1/2024 PS&E Phase 2024-02 2023-24 Citywide Pavement Rehabilitation,
Locations TBD
Street Resurfacing $1,693,800 $300,000 11/1/2024 PS&E Phase 2024-03 5% Overhead/Administration Other:

Overhead/Administration
$181,400 $181,400 6/30/2024 Completed
2024-04 Certificates of Participation (COP) Series 2016A - Debt Service
Rehabilitation $1,055,800 $1,055,800 6/30/2024 Completed 2024-05 ADDED Pacific Avenue Pedestrian and Bicycle
Improvements - Ph1
Bicycle and Pedestrian
Improvement(s)
$1,600,000 $800,000 6/30/2024 Construction
Phase
2024-06 ADDED Old Mira Loma Pavement Rehabilitation -
Ph2
Rehabilitation &
Maintenance
$2,000,000 $725,000 4/30/2024 Project Closeout
Underway
2024-07 ADDED Van Buren Boulevard Pavement
Rehabiliation - Ph. 3
Rehabilitation $2,200,000 $50,000 6/30/2024 Construction Phase
Total: $3,112,200
PROJECT STATUS REPORT FY 2023/24
Agency:

Prepared by:

Phone #:

Date:

City of Jurupa Valley
Octavio Duran
(951) 332-6995
3/15/2024
Page | 1
120

STAFF REPORT
D
ATE: A PRIL 18, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 13.G
A

GREEMENTS BETWEEN THE CITY OF JURUPA VALLEY AND

THREE ENGINEERING FIRMS FOR PROFESSIONAL DESIGN

SERVICES FOR THE MIRA LOMA AREA SAFE ROUTES TO SCHOOL
SIDEWALK GAP CLOSURE PROJECT (CIP #23108), AGATE STREET COMPLETE STREETS PROJECT (CIP #23109), AND GRANIT E HILL

AREA SAFE ROUTES TO SCHOOL SIDEWALK GAP CLOSURE
PROJECT (CIP #23110)
RE

COMMENDATION
1) I
t is recommended that the City Council:
a.

Approve the Agreement between the City of Jurupa Valley and Engineering Resources of Southern California, Inc. for engineering design services, in the amount of $326,925.00, for the Mira Loma Area Safe Routes to School Sidewalk Gap Closure Project, CIP #23108. b.

Approve the Agreement between the City of Jurupa Valley and TKE Engineering, Inc. for Professional Design Services, in the amount of $71,639.00, for the Agate Street Complete Streets Project, CIP #23109. c.

Approve the Agreement between the City of Jurupa Valley and Onward Engineering for Professional Design Services, in the amount of $405,310.00, for the Granit e Hill Area Safe Routes to School Sidewalk Gap Closure Project, CIP #23110.
2) A
uthorize the City Manager to execute the Agreements in substantially the form and format attached and as approved by the City Attorney.

RETURN TO AGENDA
Page | 2

3) Authorize the Interim Finance Director to make any necessary budget adjustments.

BACKGROUND

In December 2022, the City was awarded grants through the Active Transportation Program, Cycle 6 (“ATP”) from The California Transportation Commission (CTC) for the completion of the three projects listed below to improve roadway and pedestrian safety near schools.

• Mira Loma Area Safe Routes To School Sidewalk Gap Closure Project (CIP #23108)
• Agate Street Complete Streets Project (CIP #23109)
• Granite Hill Area Safe Routes To School Sidewalk Gap Closure Project (CIP #23110)

The Projects will install various improvements including new sidewalks, bulb outs, flashing beacons, and new striping designs. Project location maps are included in Attachment A.

At its regular meeting on July 6
th, 2023, the City Council approved the Fiscal Year 2023- 2024 through Fiscal Year 2027- 2028 Capital Improvement Program (“CIP”) which included all three safety projects.

ANALYSIS

The CTC officially approved the allocation of funds to begin design efforts at its regular meeting in January 2024. On January 10, 2024, staff published a Request for Proposals (“RFP”) for Engineering Design Services on the City’s PlanetBids’ Vendor Portal, a web based procurement and bidding system. The scope of work includes completing design services for all three projects and preparation of construction documents. The solicitation closed on February 6, 2024.

The City received four (4) responsive proposals from the following (in alphabetical order):

• Engineering Resources of Southern California, Inc. (ERSC) – Redlands, CA • KOA Corporation – Ontario, CA
• Onward Engineering – Anaheim, CA
• TKE Engineering, Inc. – Riverside, CA

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

Page | 3

Staff ranked the proposals according to the guidelines set forth in the RFP and held panel interviews on March 19th and 20th, 2024 for further evaluation of consultants. It was determined that Engineering Resources of Southern California, Inc. (“ERSC”), Onward Engineering, and TKE Engineering, Inc. are the most qualified firms to provide the services. All three firms are well -established with decades of design experience in pedestrian and roadway improvements within the Inland Empire. ERSC and TKE have both performed similar services in the City of Jurupa Valley. Selecting one firm for each project ensures all three projects are designed concurrently and helps expedite delivery timelines.

If approved, firms will begin the design scope immediately with a target completion by January 2025. Upon completion of the design, staff would advertise the project with a target construction start of Spring 2025 subject to approval by Caltrans as required for ATP grant funding.

FINANCIAL IMPACT

The Project will be funded by Active Transportation Program grant funds and the budgeted funds in FY 23/24 under CIP 23108, CIP 23109, and CIP 23110. There are sufficient available funds to cover this phase of the project. This project will have no impact to the General Fund.

ALTERNATIVES

1) Do not approve the Agreement
2) Provide alternative direction to staff

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

Page | 5

Attachment A
Location Maps

Page | 6

Attachment B
Mira Loma Area Safe Routes to School Sidewalk Gap Closure Project CIP No. 23108

Project No. 23108

AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

FOR ENGINEERING DESIGN SERVICES FOR MIRA LOMA AREA SAFE ROUTES

TO SCHOOL SIDEWALK GAP CLOSURE PROJECT
THIS AGREEMENT is made and effective as of April 18, 2024, between the City of Jurupa Valley (“City”) and Engineering Resources Of Southern California, Inc. (“Consultant”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on April 18, 2024, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than December 31, 2025 unless sooner terminated pursuant to the provisions of this Agreement.

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

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

4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed three hundred twenty-six thousand, nine hundred twenty-five dollars ($326,925.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

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

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

shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

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

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

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

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

7. Prevailing Wages
A. Consultant shall pay prevailing wages to the extent required by and in accordance with the requirements of Labor Code Sections 1720 et. seq. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any

work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.

B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.

8. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

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

C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant.

person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub-consultants, or agents in the performance or its professional services under this Agreement.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault as set forth in California Civil Code 2782.8.

B. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Paragraph 9.A. above, but subject to the limitations of Section 2 of this Agreement, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section 9.B. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

10. Insurance Requirements
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.

c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees.

d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:

a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

b) Automobile Liability: One million dollars ($1,000,000) peraccident for bodily injury and property damage.

c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

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

2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or selfinsured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.

3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.

6) Within one (1) business day following receipt by Consultant of any
notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.

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

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

E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.

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

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

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

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

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

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

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

15. General Provisions
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice.

Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: Rod B. Butler, City Manager
To Consultant: Engineering Resources Of Southern California, Inc. 1861 W. Redlands Blvd.

Redlands, CA 92373
Attention: Lori Askew, Project Manager

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

C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.

2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

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

E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

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

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

CITY OF JURUPA VALLEY

Rod B. Butler,
City Manager
ATTEST:

Victoria Wasko, CMC,
City Clerk

APPROVED AS TO FORM

Peter M. Thorson,
City Attorney

CONSULTANT
By:

By:

[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]

Name:

Title:

Name:

Title:

EXHIBIT A

SCOPE OF SERVICES AND SCHEDULE

EXHIBIT B

PAYMENT RATES
Payment rate dated February 6, 2024, attached below.

Page | 7

Attachment C
Agate Street Complete Streets Project, CIP No. 23109

Project No. 23109

AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND TKE ENGINEERING, INC. FOR ENGINEERING DESIGN SERVICES

FOR AGATE STREET COMPLETE PROJECT
THIS AGREEMENT is made and effective as of April 18, 2024, between the City of Jurupa Valley (“City”) and TKE Engineering, Inc., a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on April 18, 2024, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than December 31, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed seventy-one thousand, six-hundred thirty-nine dollars ($71,639). for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

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

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

Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any

work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.

9. Indemnification
A. Indemnity for Professional Design Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub-consultants, or agents in the performance or its professional services under this Agreement.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault as set forth in California Civil Code 2782.8.

c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the

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

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

13. Confidentiality; Release Of Information

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

States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice.

Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: Rod B. Butler, City Manager
To Consultant: TKE Engineering, Inc.
2305 Chicago Ave.

Riverside, CA 92507
Attention: Terry M. Renner, Project Manager

F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

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

CITY OF JURUPA VALLEY

Rod B. Butler,
City Manager
ATTEST:

Victoria Wasko, CMC,
City Clerk

APPROVED AS TO FORM

Peter M. Thorson,
City Attorney

CONSULTANT
By:

By:

[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]

Name:

Title:

Name:

Title:

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

PAYMENT RATES AND SCHEDULE (ATTACHED BELOW)

Page | 8

Attachment D
Granite Hill Area Safe Routes to School Sidewalk Gap Closure Project, CIP No. 23110

Project No. 23110

AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA

VALLEY AND ONWARD ENGINEERING FOR ENGINEERING DESIGN SERVICES

FOR GRANITE HILL AREA SAFE ROUTES TO SCHOOL SIDEWALK CAP

CLOSURE PROJECT
THIS AGREEMENT is made and effective as of April 18, 2024, between the City of Jurupa Valley (“City”) and Onward Engineering (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on April 18, 2024, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than December 31, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed four hundred five thousand, three hundred ten dollars ($405,310.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

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

shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault as set forth in California Civil Code 2782.8.

occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.

c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

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

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

B. Consultant, its officers, employees, agents or subcontractors, shall not

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

Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: Onward Engineering
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805
Attention: Muhammad Ataya, Vice President

D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley

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

F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

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

CITY OF JURUPA VALLEY

Rod B. Butler,
City Manager
ATTEST:

Victoria Wasko, CMC,
City Clerk

APPROVED AS TO FORM

Peter M. Thorson,
City Attorney

CONSULTANT
By:

By:

[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]

Name:

Title:

Name:

Title:

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Cost proposal dated February 6, 2024, attached below.

Page | 1
120
S

TAFF REPORT
DATE: A PRIL 18, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
BY: MICHAEL FLAD, ASSISTANT CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 13.H
A

PPROVAL TO AMEND THE CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF JURUPA VALLEY AND M V CHENG &

ASSOCIATES
RE

COMMENDATION
1) T
hat the City Council approve an amendment to the agreement between the City of Jurupa Valley and MV Cheng and Associates to provide an Interim Director of Finance through July 31, 2024.

MV Cheng and Associates operates as an incorporated business within the State of California, including associates being sub- contractors of the firm. The firm has over 25 years of experience in municipal auditing, accounting, and finance in several cities, large and small that has allowed MV Cheng and Associates to be able to lend their expertise as a finance director to cities in need of financial help. MV Cheng’s sub-contractors have worked in several cities on short and long-term assignments ranging from Account Clerk, Accountant, Senior Accountant, and Accounting Manager as well as serving on a long - term basis as contract staff. MV Cheng and Associates bring a wealth of knowledge and expertise to our city clients, with a level of professionalism and understanding of the culture of the political and city office environments.

MV Cheng and Associates were available to assist the City with an Interim Director of Finance until the position is filled. The current Interim Director of Finance has been with the City since January 18, 2024. The City is currently recruiting for the position and expect to make a decision by July 31, 2024. The extension will ensure adequate transition time for the consultant and new hire.

The
Interim Director of Finance (“Sub-Contractor”) perform s the services and tasks described and set forth below:

RETURN TO AGENDA
Page | 2

1. Directs the fiscal management of the City, including budget preparation and monitoring, revenue forecasting, collection and disbursement of funds, accounting, financial reporting and auditing, and investment of funds.

2. Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the d epartment; establishes, within City policy, appropriate budget, service, and staffing levels.

3. Selects, trains, motivates, and directs department personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities and performance evaluations; works with employees on performance issues; implements discipline and termination procedures; responds to staff questions and concerns.

4. Plans, directs and coordinates Finance Department activiti es; recommends policies and implements procedures to conduct activities; ensures that activities are conducted in accordance with related laws, ordinances, rules and regulations; develops comprehensive plan to satisfy future needs for department services.

5. Oversees the City’s Information Technology contract with vendor; participates in the oversight of City staff and contracted employees; oversees the implementation of various City technology projects.

6. Prepares, reviews, and presents staff reports, vari ous management and information updates, and reports on special projects as assigned by the City Manager.

7. Assumes responsibility for the City’s annual financial audit and acts as the city’s City Treasurer when designated.

8. Coordinates the development and administration of the entire City’s annual budget; estimates anticipated revenues; assists in reviewing proposed departmental budget allocations; conducts fiscal analysis and submits data and reports for use in evaluating operating departments’ proposals; prepares and administers the budget for the Administrative Services Department.

9. Prepares and supervises the preparation of reports to the State Controller, County Auditor Controller and other federal, state or county agencies.

10. Develops and reviews the effectiveness of operational policies and procedures in concert with division managers and other users of department services.

11. Reports events and activities to senior management and elected/appointed officials.

12. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement and directs the implementation of improvements. Administers contracts for department services; reviews citywide contractual agreements and ensures that city contractual services are provided in accordance with contract provisions.

13. Advises, and otherwise provides assistance to the City Council, City Manager, other City staff and the public regarding financial matters.

Page | 3

14. Represents the City, or delegates such authority, in relations with the community, advisory committees, other local, state and federal agencies and professional organizations.

15. Oversees the development of consultant requests for proposals for professional services and the advertising and bid processes; evaluates proposals and recommends project award; coordinates with legal counsel to determine City needs and requirements for contractual services; negotiates contracts and agreements and administers it after award.

16. Conducts a variety of departmental organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate.

17. Participates in and makes presentations to the City Council and a wide variety of committees, boards, and commissions; performs financial review of matters pertaining to the various committees, such as determining appropriate rates of City services.

18. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of finance and other services as they relate to the area of assignment.

19. Maintains and directs the maintenance of working and official departmental files.

20. Monitors changes in laws, regulations, and technology that may affect City or departmental operations; implements policy and procedural changes as required.

21. Responds to difficult and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations. Establishes, maintains and fosters positive and effective working relationships with city staff and all those contacted in the course of work.

22. Performs related duties and responsibilities as required.

FINANCIAL IMPACT

There is no additional General Fund impact as a result of this recommended action. All costs associated with the Director of Finance position are included in the City Counc il adopted budget. The agreement and amendment is not to exceed $115,000.

ALTERNATIVES

1. Accept, deny or amend the Agreement between the City of Jurupa Valley and MV Cheng & Associates

-1-
12774-0001\2950996v1.doc

FIRST AMENDMENT TO AGREEMENT FOR

CONSULTANT SERVICES BETWEEN THE CITY OF

JURUPA VALLEY AND MV CHENG & ASSOCIATES FOR

CONSULTANT SERVICES
This First Amendment is made and effective as of April 18, 2024 between the City of Jurupa Valley, a municipal corporation (“City”) and Misty V. Cheng & Associates, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This First Amendment is made with the respect to the following facts and purposes:

A. On January 18, 2024, the City and Consultant entered into that certain Agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND MV CHENG & ASSOCIATES FOR CONSULTANT SERVICES” (“Agreement”).

B. The parties now desire to amend the Agreement in order to extend the term and increase the maximum payment as set forth in this First Amendment.

2. Paragraph 1, Term, of the Agreement is hereby amended to read as follows:
“1. Term. This Agreement shall commence on January 18, 2024, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than July 31, 2024, unless sooner terminated pursuant to the provisions of this Agreement.”

3. Paragraph 4.A, Payment, of the Agreement is hereby amended to read as follows:
“4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed one hundred fifteen thousand dollars ($115,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

4. The person executing this First Amendment on behalf of Consultant warrants and represents that he or she has the authority to execute this First Amendment on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
-2-
12774-0001\2950996v1.doc
IN WITNESS WHEREOF, the parties have caused this First Amendment to be signed and executed personally or on its behalf by its duly authorized representative as of the date first written above.

MISTY V. CHENG & ASSOCIATES, INC., a
California corporation

By: _____________________________
Name: Misty V. Cheng
Title: President and CEO

CITY OF JURUPA VALLEY,
A California Municipal Corporation

______________________________
Guillermo Silva
Mayor
Attest:

__________________________
Victoria Wasko, CMC
City Clerk

Approved as to Form:

__________________________
Peter M. Thorson
City Attorney

Page | 1

STAFF REPORT
D
ATE: APRIL 18, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 15.A
P
UBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION;
DECLARING THE RESULTS OF THE ELECTION; AND APPROVING

FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -001
(PUBLIC SAFETY, 11295 INLAND AVE) GENERALY LOCATED AT
THE WEST END OF INLAND AVE.

RECOMMENDATION
1) Requested Action: That the City Council open the public hearing and take testimony, if any.
2) Following the public hearing, staff recommends that the City Council adopt Resolution No. 2024-23, entitled:

A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -001 (PUBLIC SAFETY, 11295 INLAND AVE NUE), TO ESTABLISH AN APPROPRIATIONS LIMIT

THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,

AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT

AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
3) That the City Council adopt Resolution No. 2024-24, entitled:

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

CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE

QUALIFIED ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024-001 (PUBLIC SAFETY, 11295 INLAND

AVE) PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN

RETURN TO AGENDA
Page | 2

APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT; AND
4) That the City Council adopt Resolution No. 2024-25, entitled:

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

CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2024- 001 (PUBLIC SAFETY, 11295 INLAND AVE) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5) That the City Council conduct a first reading and introduce Ordinance No. 2024- 09, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE

BODY OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DIST RICT NO. PS 2024-001 (PUBLIC SAFETY, 11295 INLAND AVE) AUTHORIZING

THE LEVY OF A SPECIAL TAX THEREIN

BACKGROUND
On March 7, 2022, the City Council took the first step in the process of forming CFD No.

PS 2024-001 (Public Safety, 11295 Inland Avenue) ("CFD No. PS 2024-001"), composed of a proposed 24,400 square foot freestanding industrial building. At that time the City Council approved a Resolution of Intention, Resolution No. 2024-12, to form CFD No. PS 2024-001 and to authorize the levy of a special tax. At that meeting, the City Council set April 18, 2024 as the date for the public hearing.

The State legislature enacted the Mello- Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services. The legal property owner, An Bang Luo (c/o Brothers LLC), requested that the City assist them in forming a district i n order to cover the costs associated with providing law enforcement protection services.

The CFD will set up a special tax to generally cover costs associated with providing law enforcement protection services, including but not limited to:
• The costs of contracting services
• Equipment, vehicles and supplies;
• The salaries and benefits of City staff that directly provide law enforcement services;
• City overhead costs associated with providing such services within the District; • All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls.

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ANALYSIS
The proposed CFD will have a Maximum Special Tax for base year 2024 of:

SPECIAL TAX
Single Family Residential Property (D/U) $220.00
Multifamily Residential Property (D/U) $180.00
Commercial Retail Property (Building Square Feet) $0.126 Commercial Other Property (Building Square Feet) $0.094 Business Park Property (Building Square Feet) $0.084
Industrial Property (Building Square Feet) $0.044
These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.

OTHER INFORMATION
City Council initiated proceedings for the formation on March 7, 2024. (Resolution No. 2024-12).

FINANCIAL IMPACT
The individual property owners are responsible for the annual payments of special taxes.

The City will work with the County concerning the filing of the annual special tax to the County Auditor-Controller. At base year the estimated maximum annual assessment for CFD PS 2024-001 is expected to be $1,069.20, as summarized below:

APN Description
Tax per
Taxable Unit
Square
Footage
FY 24-25
Assessment
156-310-072 Industrial $0.044 24,300 $1,069.20

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The property owners have posted a deposit with their application to form CF D No. PS 2024-001, in order to cover City costs incurred in connection with the formation. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CF D No. PS 2024-001. The City's cost to administer CF D No.

PS 2024-001 annually will be reimbursed through the special taxes charged to property owners.

The revenue and expenses will be part of the City's FY 2024-2025 Adopted Budget, and there are no additional fiscal impacts.

ALTERNATIVES

1. Take no action.

2. Provide alternative direction to staff.

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

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RESOLUTION NO. 2024-23

A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE

CITY OF JURUPA VALLEY , CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 - 001 (PUBLIC SAFETY, 11295 INLAND AVE), TO ESTABLISH AN

APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE

SUBMITTAL OF THE LEVY OF SPECIAL TAXES, AND TO SUBMIT

THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT, TO THE

QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES

DISTRICT

RECITALS:

WHEREAS, on March 7 , 202 4, the City Counci l adopted Resolution 2024 -12 entitled “A Resolution of Intention of the City Council of the City Of Jurupa Valley, California to Establish City of Jurupa Valley Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave) and to authorize the levy of a Special Tax within City Of Jurupa Valley Community Facilities District No. P S 2024-001 (Public Safety, 11295 Inland Ave)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);

WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD, Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;

WHEREAS, the Resolution of Intention set April 18, 2024 at 7:00 p.m., or as soon thereafter as practicable, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;

WHEREAS, on this date, this Counci l held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;

WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;

WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised in the premises;

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WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and

WHEREAS, the Special Tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one -half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.

WHEREAS, City Staff reviewed the proposed CFD formation and determine d that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code a nd the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines Section 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)

WHEREAS, the CFD is intended to fund the cost associated with providing law enforcement services, including but not limited to: the costs of contracting service s; equipment, vehicles and supplies; the salaries and benefits of City staff that directly provide law enforcement services; City overhead costs associated with providing such services within the District; all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environment because the funds would not be used to construct new or expand existing facilities.

WHEREAS, in addition to the foregoing, because the project is a financ ing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY:

1. Recitals Correct. The foregoing recitals are true and correct.

2. Public Hearing. On April 18, 2024, pursuant to notice thereof duly give n as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.

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3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special Tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

5. Name of the District. The community facilities district designated “City of Jurupa Valley Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave)” of the City is hereby established pursuant to the Act.

6. Boundaries of the District . The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on March 25, 2024, in Book 92 at Page 99 as Instrument No. 2024-0085842 of Maps of Assessment and Community Facilities Districts.

7. Description of Services. The Services proposed to be financed by the CFD and pursu ant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.

8. Special Tax.

a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay th e costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.

b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.

9. Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

10. Responsible Official. The Finance Director of the City of Jurupa Valley, located at 8930 Limonite Avenue, Jurupa Valley, CA 92509, telephone number (951) 332-6464, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

11. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled -4-
in accordance with law or until collection of the Special Tax by the CFD ceases.

12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election (the “Special Election”) on the proposition of t he annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:

a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be ap plicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.

b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner o f record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant to Section 53326 of the Act as follows:

(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special Tax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.

(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.

(iii) Pursuant to said Secti on 53326, ballots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.

(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of m ail ballot elections of cities, the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including -5-
a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, h owever, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.

(v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification t o be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreag e of the landowner's land ownership within the CFD.

(vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a d eclaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.

(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return id entification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.

(viii) Upon receipt of the return identification envelopes, which are returned prior -6-
to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

Reference is hereby made to the Ra te and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

14. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to 300 percent of all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.

15. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:

a. The S pecial Tax shall be levied for the specific purposes set forth in Section 7 hereof.

b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.

c. The CFD shall establish an account or accounts i nto which the proceeds of such Special Tax shall be deposited.

d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.

16. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds t hat the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.

17. Effective Date. This resolution shall take effect upon its adoption.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of April, 2024.

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2024-23 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 18th day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of April, 2024.

Victoria Wasko, City Clerk
City of Jurupa Valley

A-1
EXHIBIT “A”

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001
(PUBLIC SAFETY, 11295 INLAND AVE)

DESCRIPTION OF SERVICES

Authorized Services for the Special Tax shall be the following:

The cost associated with providing law enforcement services, including but not limited to:

 The costs of contracting services
 Equipment, vehicles and supplies;
 The salaries and benefits of City staff that directly provide law enforcement services;  City overhead costs associated with providing such services within the District;  All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls.

B-1
EXHIBIT “B”

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001
(PUBLIC SAFETY, 11295 INLAND AVE)

RATE AND METHOD OF APPORTIONMENT

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001 (PUBLIC SAFETY, 11295

INLAND AVE) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

A Special Tax (al l capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave ). The amount of Special Tax to be levied on a Parcel i n each Fisca l Year, commencing in Fiscal Year 2024 -2025, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set for th in Section s B., C., and D., be low. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage ” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicabl e Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set fort h on such map or pla n. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.

“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the S tate of California.

“Administrative Expenses ” means all actual o r reasonably estimated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, whi ch shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of t he City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall al so include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to co mpletion any foreclo sure as a result of delinquent Special Taxes.

“Administrator” means an offici al of th e Cit y, or d esignee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Assessor” means the Assessor of the County.

“Assessor’s Parcel Map ” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number ” means the number assigned to a lot o r Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.

“Base Year” means the Fiscal Year ending June 30, 2025.

“Boundary Map” means a recorded ma p of the CFD which i ndicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.

"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For p urposes of this definition, "Buildin g Permit" shall not in clude any subsequent Building Permits issued or changed after the first issuance.

“Business Park Property” means Business Park land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“CFD” means Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave) of the City of Jurupa Valley.

“City” means the City of Jurupa Valley, California.

“Commercial Other Property” means all Commercial land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended , other than C ommercial Retail Property.

“Commercial Retail Property ” means Commercial Retail land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“Consumer P rice Inde x” means the Con sumer Price Index published by the U.S.

Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Be rnardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fisca l Y ear. In the event this ind ex ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index f or the Riverside-San Bernardino -Ontario Area.

“Council” means the City Council of the City acting as the legislative body of the CFD.

“County” means the County of Riverside, California.

“Developed Property” means all Parcels of Taxable Property: ( i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the

Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Dwelling Unit” or “(D/U)” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Exempt Property” means any Parcel which is exempt from Special Taxes pursuant to Section E., below.

“Final Map ” means a subdivision of property by recordation of a n Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivis ion Map Act (California Government Code Section 66410 et seq .) or recordation of a con dominium plan pursuant t o California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

“Fiscal Year” means the 1 2 month period starting on July 1 of any calendar year and ending the following June 30.

“Incidental Expenses” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in o rder to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.

“Industrial Property” means Industrial land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“Land Use Class” means any of the classes listed in Table 1 of Section C. below.

“Maximum S pecial Tax ” means for each P arcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year

“Multifamily Residential Property ” means all Multifamily Residential land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, and consisting of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s P arcel Map with an assigned Assess or’s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.

“Property Owner’s Association Property ” means all Parcels which have been conveyed, dedicated to, or irrevocably offe red for dedication to a property owner association, inclu ding any mas ter or sub -association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Proportionately” means for Parcels of Taxable Property that are (i) Single Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Ta x is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of th e actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Pr operty, (iii) Non-Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Non-Residential Property and (iv) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.

“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for de dication to the federal government, the State, the County, City or any other pub lic agency, provided, however, that any pr operty leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and class ified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilizat ion for other than the purpose set forth in the easement.

“Residential Property” means all Parcels of Taxable Property as defined in the City of Jurupa Valley General Plan, 2017 or as amended with one or more residential Dwelling Units.

“Single Family Residential Property” means all Single Family land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, including condominiums, and excluding Multifamily Residential Property.

“Special Tax (es)” means the Special Tax to be levied in eac h Fiscal Year on each Parcel of Taxable Property in accordance with Section D.

“Special Tax Req uirement” means for each Fisca l Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determi ned by the City; (ii) pay amount required to establish or replenish any res erve fund established in connection with the CF D, (iii) pay Admin istrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the curre nt or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Specia l Tax levy as determined by the Administrator.

“Special Tax Services” means t he c ost associat ed with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplie s, (i ii) the sala ries and benefits of City staf f that directly pr ovide law enforcement services, ( iv) City overhead costs associated with provid ing such services within the Distri ct, (v) all othe r services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenan ce and for a nticipated operating cost shortfa lls, and (vi ) Incidental Expenses.

“State” means the State of California.

“Taxable Property” means all Parcels within the bo undary of the CFD pursuant to the Boundary Map w hich are not exempt from the Special Ta x pursuant to Section E., below.

“Taxable Unit ” means either a Dwelling Un it, Building Square Feet or an Acre, as shown in Table 1 or Table 2.

“Undeveloped Property ” means all Parcels of Taxable P roperty not classi fied as Developed Prop erty, Ap proved Property, Public P roperty or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS

Each Fi scal Year, commencing with Fiscal Year 2024 -2025, all Parcels of Taxable Property shall be c lassified as eithe r D eveloped Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Sp ecial Taxe s in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Pa rcels of Residential Property shall furthe r be classified as Single Family Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parc el classified as Developed Property shall be determined by reference to Table 1 below.

TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2024-2025

4 Commercial Other Property
Building
Square
Feet
$ 0.094
5 Business Park Property
Building
Square
Feet
$ 0.084
6 Industrial Property
Building
Square
Feet
$ 0.044

(a) Increase in the Maximum Special Tax

On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2025, based on the percentage increase in th e Consumer Price Index w ith a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

(b) Multiple Land Use Classes

In some instances, a Parcel of D eveloped Property ma y contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference t o the site p lan approved for such P arcel. The Administrator’s allocation to each Land Use Class shall be final.

2. Approved Property

The M aximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each P arcel classified as Approved Property shall be determined by reference to Table 2 below.

TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2024-2025

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
7 Residential Property Dwelling
Unit $ 100.00

8 Commercial Retail Property
Building
Square
Feet
$ 0.063
9 Commercial Other Property
Building
Square
Feet
$ 0.047
10 Business Park Property
Building
Square
Feet
$ 0.042
11 Industrial Property
Building
Square
Feet
$ 0.022

(a) Increase in the Maximum Special Tax

On each July 1, following t he Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 20 25, based on the percentage increase in the Consumer Price Index w ith a maximum annua l increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

3. Undeveloped Property

No Special Tax shall be levied on Undeveloped Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equal s the Special Tax Requir ement in ac cordance with the following steps:

First: The S pecial Tax shall be levied Proportionat ely on each Parcel of Developed Property a t up to 100% of the applicable Ma ximum Special Tax as needed to satisfy the Special Tax Requirement; and

Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levi ed Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Proper ty. Notwithstanding the forgo ing sentence, no Special Tax s hall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.

E. EXEMPTIONS

The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD . Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels become Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified a s Taxable Property and will c ontinue to be subject to Special Taxes accordingly.

F. MANNER OF COLLECTION

The Special Tax shall be collecte d in the same manner and at the same time as ordinary ad valorem property taxes and shall be su bject t o the same p enalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different mann er if necessary to meet the fi nancial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS

Any taxpayer may file a wr itten appeal of the Special Ta x on his/her Parcel(s) with th e Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency o f an appeal, all Special Taxes must be paid on or before the payment due date establ ished when the levy was made. The appeal must specify the reasons why the appellant claims the Spec ial Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Admin istrator deems nece ssary, and advise the appellant of i ts determination. If the Administrator agrees with the appe llant, the Administrator shall grant a credit to eliminate or reduce future Spe cial Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrat or shall in terpret this Rate a nd Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX

The Special Tax shall be levi ed annually in perpetuity unless terminated earlier by the City.

-1-
RESOLUTION NO. 2024-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, CALLING A SPECIAL ELECTION AND

SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -001
(PUBLIC SAFETY, 11295 INLAND AVE) PROPOSITIONS REGARDING

THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE

ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY

FACILITIES DISTRICT

RECITALS:

WHEREAS, on April 18, 2024, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave) (the “District”); and

WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes , an d to Submit the Establishment of an Appropriations Limit , to the Qualified Electors of such Community Facilities District ” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the Dist rict, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and

WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and

WHEREAS, no persons are registered to vote in the territory of the District; and

WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner within the District, pursuant to which each landowner has expressly waived certain requirements related to the conduct of the election;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY:

1. Recitals Correct. The foregoing recitals are true and correct.

a. Call of Election. The City Council hereby calls and schedules a special election for April 18, 2024, to consider the proposition described in Section 2 below. -2-

2. Proposition.

a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.

b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two -thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.

c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the City Clerk and by this reference incorporated herein.

d. The proposition to be submitted to the voters of the District at such special election shall be as follows:

“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “ Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) be levied annually on taxable property within Cit y of Jurupa Valley Community Facilities District No. PS 2024 -001 (Public Safety, 11295 Inland Ave) , to pay for the cost associated with providing law enforcement services, including but not limited to: the costs of contracting services; equipment, vehicles and supplies; the salaries and benefits of City staff that directly provide law enforcement services; City overhead costs associated with providing such services within the District; all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls , all as set forth in Exhibit “A” to the Resolution of Formation, and shall the appropriations limit be establis hed as set forth in Section 14 of the Resolution of Formation?”

3. Electors Determined. The City Council finds that 12 persons have not been registered to vote within the territory of the District for the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and eac h landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.
-3-

4. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

5. Election Procedures.

a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in Section 12 of the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.

b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent as provided in the Consent & Waiver signed by the land owner.

6. Concurrence of the City Clerk. The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of April, 2024.

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

-4-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2024-24 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 18th day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of April, 2024.

Victoria Wasko, City Clerk
City of Jurupa Valley

-1-
RESOLUTION NO. 2024-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL

ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2024-001 (PUBLIC SAFETY, 11295 INLAND AVE) AND

DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN

RECITALS:

WHEREAS, in proceedings heretofore conducted by the City Council of the City of Jurupa Valley (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “Act”), the City Council adopted Resolution No. 2024-24 on April 18, 2024, entitled “Resolution of the City Council of the City of Jurupa Valley, California, Calling a Special Election and Submitting to the Qualified Electors of City Of Jurupa Valley Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors withi n Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave); and

WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on April 18, 2024, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and

WHEREAS, this City Council has reviewed said Certificate and hereby approves it;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY:

1. Recitals Correct. The foregoing recitals are true and correct.

2. Ballot Measure . The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.

3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and a ttached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.

4. Ballot Measure Authorized. This City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as -2-
specified in the Ballot Measure is hereby established.

5. Findings of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a Notice of Special Tax Lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 18th day of April, 2024.

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

-3-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2024-25 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 18th day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of April, 2024.

Victoria Wasko, City Clerk
City of Jurupa Valley

A-1
EXHIBIT “A”

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001
(PUBLIC SAFETY, 11295 INLAND AVE)

CERTIFICATE OF THE CITY CLERK AS TO THE

RESULTS OF THE CANVASS OF THE ELECTION RETURNS

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, hereby certify that I canvassed the returns of the Special Election in the City Of Jurupa Valley Community Facilities District No. PS 2024 -001 (Public Safety, 11295 Inland Ave), and that the elect ion was held in the Chambers of the City Council at 8930 Limonite Avenue, Jurupa Valley, CA on April 18, 2024.

I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:

Community Facilities District No. PS 2024-001
(Public Safety, 11295 Inland Ave) Special Tax
Election,
April 18, 2024
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure 1

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 18th day of April, 2024.

Victoria Wasko, CMC
City Clerk City of Jurupa Valley

B-1
EXHIBIT “B”

BALLOT MEASURE

SPECIAL ELECTION

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001
(PUBLIC SAFETY, 11295 INLAND AVE)

This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Jurupa Valley no later than 4:00 p.m. on April 18, 2024, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on April 18, 2024. The City Clerk’s office is located at 8930 Limonite Avenue, Jurupa Valley, CA 92509. The public hearing will be held at the City Hall Council Chambers, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

This ballot is provided to An Bang Luo (Brothers LLC) , (the “Owner”) or authorized representative of such Owner of land with Community Facilities District No. PS 2024 -001 (Public Safety, 11295 Inland Ave) of the City of Jurupa Valley and represents two (2) votes on assessor parcel number:

156-310-072

To vote, mark a cross (X) in the voting square after the word “YES” or after the word “NO”.

All marks otherwise made are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Jurupa Valley to obtain a replacement ballot.

B-2

MEASURE: “Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. PS 2024 -001 (Public Safety, 11295 Inland Ave), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Su bmit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) be levied annually on taxable property within City of Jurupa Valley Community Facilities District No. PS 202 4-001 (Public Safety, 11295 Inland Ave), to pay for the cost associated with providing law enforcement services, including but not limited to: the costs of contracting services; equipment, vehicles and supplies; the salaries and benefits of City staff that directly provide law enforcement services; City overhead costs associated with providing such services within the District; all other services necessary or useful for, or in connection with, the authorized services listed above, including building a reser ve fund for replacement and maintenance and for anticipated operating cost shortfalls, all as set forth in Exhibit “A” to the Resolution of Formation, and shall the appropriations limit be established as set forth in Section 14 of the Resolution of Formation?”
Yes

Property Owner/Authorized Representative Signature:

____________________________________________
An Bang Luo
Title: _______________________________________
Authorized Signatory

CFD Report

City of Jurupa Valley
Community Facilities District No. PS 2024-
001 (Public Safety, 11295 Inland Ave)
April 2024
Prepared for:

City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509

Prepared by:

41593 Winchester Rd, Suite 200
Temecula, California 92590
(949) 655-3900

TABLE OF CONTENTS

COMMUNITY FACILITIES DISTRICT NO. PS 2024-001
(PUBLIC SAFETY, 11295 INLAND AVE)

Section A – Introduction Page 1

Section B – Description of Services Page 1

Section C – Cost Estimate Page 3

Section D – Rate and Method of Apportionment of Special Tax Page 5

Section E – Proposed Boundaries Page 7

APPENDIX

Rate and Method of Apportionment A
Boundary Map B

1 Agency: City of Jurupa Valley

Project: City of Jurupa Valley
Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave)
County of Riverside, State of California

Community Facilities District Report
“Mello-Roos Community Facilities Act of 1982”

A. Introduction

Whereas, the City Council of the City of Jurupa Valley, County of Riverside, State of California (Council), did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of Title 5 of the California Government Code (Act), on March 7, 2024, adopted Resolution No. 2024-12 (Resolution) expressly ordering the preparation and filing of a written Report for a pro posed Community Facilities District (Report). This Community Facilities District shall be referred to as City of Jurupa Valley Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave ) (CFD) and (CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave)); and,

Whereas, The Resolution ordering said Report, did direct that the Report generally contain the following:

 A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and

 An estimate of the costs of providing such services, including the incidental expenses, to be incurred in connection with the CFD;

Now, Therefore, the undersigned, authorized representative of Harris & Associates, the appointed Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following data.

B. Description of Services

A Community Facilities District may provide for financing of certain public services which are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring with the CFD.

2 A general description of the proposed services, pursuant to the terms stated in Exhibit “A ” of the Resolution, is as follows:

The cost associated with providing law enforcement services, including but not limited to:

 The costs of contracting services;

 Equipment, vehicles and supplies;

 The salaries and benefits of City staff that directly provide law enforcement services;

 City overhead costs associated with providing such services within the District;

 All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls.

The services listed herein are representative of the types of services authorized to be financed by Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standard s of the City of Jurupa Valley. Addition, deletion or modification of descriptions of the services may be made consistent with the requirements of the City Council of the City of Jurupa Valley, the Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave), and the Act.

Based upon the above, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the City of Jurupa Valley , as a result of development occurring within the boundaries of the CFD.

Dated this 18th of April, 2024.

Harris & Associates

___________________________
Special Tax Consultant
CFD PS 2024-001 (Public Safety, 11295 Inland Ave)
City of Jurupa Valley
County of Riverside
State of California

3 C. Cost Estimate

1. The cost estimate, including incidental expenses, is approximately $1,069.20 annually.

The Maximum Special Taxes within the CFD have been established to pay for these services up to $220 per dwelling unit per year for Single Family Residential Property, $180 per dwelling unit per year for Multifamily Residential Property, $0.126 per building square feet per year for Commercial Retail Property, $0.094 per building square feet per year for Commercial Other Property, $0.084 per building square feet per year for Business Park Property, and $0.044 per building square feet per year for Industrial Property (as defined in the Rate and Method of Apportionment attached in Appendix A). These amounts shall be increased annually based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

2. Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave) may be used only to pay for the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. The incidental expenses associated with the annual administration of CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave) are initially estimated to be $520. This amount shall be increased based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

3. The cost of the services shall include incidental expenses, including costs associated with formation of the CFD, determination of the amount of the special tax, collection of the special tax, payment of the special tax, costs incurred in order to carry out the authorized purposes of the CFD, and the costs of engineering, inspecting, coordinating, completing, planning and designing the services, including the costs of environmental evaluations.

The following incidental expenses are examples of those that may be incurred in the formation of the CFD:

▪ Engineering services,
▪ Publishing, mailing and posting of notices,
▪ Governmental notification and filing costs,
▪ Election costs, and
▪ Charges and fees of the City of Jurupa Valley other than those waived.

The following incidental expenses are examples of those that may be i ncurred in each annual special tax levy:

▪ Necessary consultant costs,

4 ▪ Costs of posting and collecting the special taxes, and ▪ Administrative costs of the City of Jurupa Valley related to each annual special tax levy.

Dated this 1st of April, 2024.

Harris & Associates

___________________________
Special Tax Consultant
CFD PS 2024-001 (Public Safety, 11295 Inland Ave)
City of Jurupa Valley
County of Riverside
State of California

5 D. Rate and Method of Apportionment of Special Tax

1. The Rate and Method of Apportionment of the special tax is attached hereto as Appendix A (Rate and Method). The special tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner , if necessary, for CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave ) to meet its financial obligations as permitted by the Act.

2. All the property located within CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave), unless exempt by law or by the Rate and Method of Apportionment of the special tax proposed for CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave), shall be taxed for the purpose of providing necessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special t ax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property”. The special tax may be based on benefit received by property, the cost of maintaining facilities or authorized services available or other reasonable basis as determined by the Council, although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIII A of the California Constitution.

3. In order to establish the special tax for the CFD, Harris & Associates has relied upon information including, but not limited to: building square footage, net taxable acreage, land use type, types of services, square footage of service areas, expected to be included within the CFD, and estimated costs to maintain which were provided to Harris & Associates by developers, City of Jurupa Valley, County of Riverside, and others. Harris & Associates has not indepen dently verified such data and dis claims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave), including the inability to meet the financial obligations of the CFD.

6 It is my opinion that the special tax rate and method of apportionment, as above set forth, is fair and reasonable.

Dated this 1st of April, 2024.

Harris & Associates

___________________________
Special Tax Consultant
CFD PS 2024-001 (Public Safety, 11295 Inland Ave)
City of Jurupa Valley
County of Riverside
State of California

7 E. Proposed Boundaries

CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave) is located in the City of Jurupa Valley roughly bounded by Inland Avenue, Venture Drive, Philadelphia Avenue, and Universe Drive.

CFD No. PS 2024-001 (Public Safety, 11295 Inland Ave) is projected to contain a 24,300 square foot freestanding industrial building at build-out. The CFD is currently composed of one parcel totaling 1.12 gross acres.

The proposed boundaries of the CFD are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above . The proposed CFD boundaries as of the date of this Report include the following assessor parcel number(s):

156-310-072

A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with the City Clerk of the City of Jurupa Valley and was recorded with Riverside County Recorder’s Office in Book 92 of Maps of Assessment and Community Facilities Districts at Page 99 on March 25, 2024. Document No. 2024-0085842.

APPENDIX A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAXES FOR
CFD PS 2024-001 (PUBLIC SAFETY, 11295 INLAND AVE)