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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, August 1, 2024
Study Session: 6:00 p.m.
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR STUDY SESSION ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
2. STUDY SESSION
A. REVIEW OF CITY MOBILE FOOD VENDING
Requested Action: That the City Council receive a presentation regarding Mobile Food Vending and provide direction to staff on any policy changes.
A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.
B. A member of the public who wishes to speak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.
C. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.
D. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.
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3. 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
4. INVOCATION
5. PLEDGE OF ALLEGIANCE
6. APPROVAL OF AGENDA
7. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
B. INTRODUCTION OF POLICE CAPTAIN JUSTIN ROWAN
C. PROCLAMATION COMMEMORATING NATIONAL NIGHT OUT
8. PUBLIC APPEARANCE/COMMENTS
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR GUILLERMO SILVA
1. UPDATE ON THE INTERAGENCY COORDINATING COUNCIL
MEETING OF JULY 26, 2024
Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.
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B. MAYOR PRO TEM BRIAN BERKSON
1. UPDATE ON THE METROL INK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHOR ITY BOARD OF DIRECTO RS
MEETING OF JULY 26, 2024
C. COUNCIL MEMBER CHRIS BARAJAS
1. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION & F INANCE
COMMITTEE MEETING OF JULY 10, 2024
2. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS – I-REN EXECUTIVE COMMITTEE MEETING
OF JULY 16, 2024
11. CITY MANAGER’S UPDATE
12. APPROVAL OF MINUTES
A. JULY 18, 2024 ADJOURNED REGULAR MEETING
13. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$3,598,905.64
Requested Action: That the City Council ratify the check registers dated July 2, 10, and 18, 2024 as well as the payroll registers dated July 5, 2024.
C. ORDINANCE NO. 2024-15
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-15, entitled:
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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 DISTRICT NO. PS 2024-002 (PUBLIC SAFETY, RUBIDOUX
COMMERCIAL) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
D. ORDINANCE NO. 2024-16
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-16, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AMENDING CHAPTER 8.1 5 (FLOODPLAIN
MANAGEMENT) OF THE J URUPA VALLEY MUNICIP AL CODE TO
COMPLY WITH FEMA REQ UIREMENTS, AND MAKE A FINDING OF
EXEMPTION PURSUANT TO THE CALIFORNIA EN VIRONMENTAL
QUALITY ACT SECTION 15061(B)(3)
E. QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING
JUNE 30, 2024 FOR FISCAL YEAR 2023-24
Requested Action: That the City Council receive and file the quarterly investment report for quarter ending June 30, 2024 (fourth quarter of Fiscal Year 2023-24).
F. CONSIDERATION OF A P UBLIC HIGHWAY AT -GRADE CROSSING
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND UNION
PACIFIC RAILROAD COM PANY COVERING THE IM PROVEMENTS
OF THE 28 TH STREET AND TH E AGUA MANSA ROAD AT -GRADE
PUBLIC ROAD CROSSING AREA
1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the improvements of 28th Street at-grade public road crossing 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. That the City Council approve the Agreement between the Ci ty of Jurupa Valley and Union Pacific Railroad Company covering the reconstruction of the Agua Mansa Road at-grade public road crossing 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.
3. Authorize the Finance Director to make any necessary budget adjustments.
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G. A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -003 (PUBLIC
SAFETY, SEQUANOTA HEIGHTS) AND TO AUTHORIZE THE LEVY OF
A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022 -003 (PUBLIC SAFETY,
SEQUANOTA HEIGHTS); GENERALY LOCATED AT THE SOUTHEAST
CORNER O F CANAL STREET AND OPAL STREET AND NORTH OF
STATE ROUTE 60
Requested Action: That the City Council adopt Resolution No. 2024-80, 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 2022 - 003 (PUBLIC SAFETY, SEQUANOTA HEIGHTS) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -003 (PUBLIC
SAFETY, SEQUANOTA HEIGHTS)
H. ACCEPTANCE OF OFFERS OF DEDICATION FOR PUBLIC ROAD AND
UTILITY EASEMENT ADJACENT TO CANAL STREET (LZ
DEVELOPMENT, LLC, APN 179-051-001)
1. Requested Action: That the City Council accept the offer of dedication of an easement for public road and utility purposes, i ncluding public services purposes over, upon, across, and within the area as described in Exhibit A and shown on Exhibit B of DED23-006.
2. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication for DED23-006.
I. SUMMARY VACATION OF A PORTION OF THE PUBLIC UTILITY AND EMERGENCY VEHICLE AC CESS EASEMENT LOT “H ” AND “U” OF
PARCEL MAP NO. 37528
Requested Action: That the City Council adopt Resolution No. 2024-81, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, SUMMARILY VACATING A PUBLIC UTILITY AND EMERGENCY VEHICLE ACCESS EASEMENT LOT “H” AND “U”
OF PARCEL MAP NO. 37528
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J. APPROVAL OF SIXTH AMENDMENT TO AGREEMENT WITH
FIRSTCARBON SOLUT IONS CORPORATION FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND
SUPPORTING DOCUMENTS FOR THE PROPOSED “RIO VISTA
SPECIFIC PLAN” PROJECT (CASE NUMBER: MA16045); (APPLICANT:
RICHLAND COMMUNITIES)
Requested Action: That the City Council authorize the City Manager to execute the Sixth Amendment to the Agreement with First Carbon Solutions Corporation for the preparation of an Environmental Impact Report (EIR), and supporting documents, for the proposed “Rio Vista Specific Plan” project in an amount not to exceed $ 589,365.00, to be funded entirely by the applicant ’s advance deposit sufficient to cover the EIR administrative costs.
14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
15. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER MA23345; EXTENSION OF TIME NO. 1 FOR CONDITIONAL USE PERMIT NO. 21008 FOR THE
LEGALIZATION OF, AND IMPROVEMENTS RELATED TO, A LUMBER
YARD ON A 0.9 ACRE SITE LOCATED AT 5529 26TH STREET; APN: 178- 102-009
Requested Action: That the City Council conduct a p ublic hearing, receive testimony, and adopt Resolution No. 2024-82, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY TO DENY AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT (CUP NO. 21008) FOR THE LEGALIZATION OF, AND
IMPROVEMENTS RELATED TO, A 5,100 SQUARE FOOT LUMBER
YARD ON THE REAL PROPERTY LOCATED AT 5529 26TH STREET
(APN 178-102-009), AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
16. COUNCIL BUSINESS
A. FUNDING DISCUSSION REGARDING THE CONCLUSION OF THE
GRANT FUNDED CRISIS STABILIZATION UNITS PROGRAM
Requested Action: That the City Council receive a report from staff detailing funding options for the Crisis Stabilization Units Program and provide direction to staff.
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17. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
18. CITY ATTORNEY’S REPORT
19. COUNCIL MEMBER REPORTS AND COMMENTS
20. ADJOURNMENT
Adjourn to the Regular Meeting of August 15, 2024 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332 -6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be m ade available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
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120
STAFF REPORT
DATE: AUGUST 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/ COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 2.A
STUDY SESSION REGARDING MOBILE FOOD VENDING
RECOMMENDATION
That the City Council receive a presentation regarding Mobile Food Vending and provide direction to staff on any policy changes.
BACKGROUND
On October 19, 2017, the City of Jurupa Valley enacted Chapter 6.20 of the Jurupa Valley Municipal Code, permitting mobile vending on public streets, public rights of way, and private property. The purpose of this code amendment was to enhance traffic flo w and ensure pedestrian safety. This study session presentation will include an overview of the City`s current enforcement policies, permitting process, relevant state laws, public safety issues, and summary of policy approaches implemented by other cities.
FINANCIAL IMPACT
There is no fiscal impact from this agenda item.
ALTERNATIVES
1. Provide policy direction to staff on policies and regulations regarding mobile vendors; or
2. Provide alternative direction to staff.
RETURN TO AGENDA
AGENDA ITEM NO. 12.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
July 18, 2024
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 5:30 PM – CALL TO ORDER AND ROLL CALL FOR JOINT STUDY SESSION CALL TO ORDER – CITY COUNCIL:
● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro-Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
CALL TO ORDER – PLANNING COMMISSION:
● Penny Newman, Chair
● Arleen Pruitt, Vice-Chair
● Uriel De La Torre, Planning Commissioner
● Hakan Jackson, Planning Commissioner
● Laura Shultz, Planning Commissioner
Mayor Guillermo Silva called the joint Study Session to order at 5:30 p.m. Council Member Leslie Altamirano arrived at 5:50 p.m.
2. STUDY SESSION
A. CITYWIDE CORRIDORS PLAN: EXISTING CONDITIONS AND
PRELIMINARY CONCEPTS
Jean Ward, Project Manager, presented the staff report. Ms. Ward reported that the study session will rev iew the Citywide Corridors Plan, which is a long -range planning effort to improve the appearance and function of the City’s major corridors. Based on stakeholder input and analysis, the team will be presenting the approach to the plan and next steps. She introduced Peter VanderWal and Greg Tung from Sargent Town Planning.
Greg Tung, Associate Principal, Sargent Town Planning, gave an overview of the three major goals for the Citywide Corridors Plan : 1) improve corridor safety, 2) strengthen Jurupa Valley’s image and identity , and 3) enhance corridors and the town center’s economic performance with an overall perspective of equity. Mr.
Tung presented the east/west and north/south corridors which are the focus of the study. Following his presen tation, he provided a timeline of next steps with potential plan adoption scheduled for spring 2025.
RETURN TO AGENDA
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Following discussion, members of the City Council and members of the Planning Commission provided input and direction. The City Council received and filed the Citywide Corridors Plan Update.
Mayor Guillermo Silva called a short recess.
3. 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 7:17 p.m.
4. INVOCATION was given by members of the Buddhist Meditation Center.
5. PLEDGE OF ALLEGIANCE was led by Council Member Chris Barajas.
6. APPROVAL OF AGENDA
Mayor Guillermo Silva announced that Consent Calendar Item 14.E would be removed from the Agenda. A motion was made by Council Member Leslie Altamirano, seconded by Council Member Chris Barajas, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
7. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
“Sweetie”, a 10 -year old female pit bull mix, who has been at the shelter for 38 days and “Faye”, a 6-year old female pit bull mix who has been at the shelter for 65 days were introduced to the Council. All Riverside County shelters are also sponsoring a $5 Feline Adoption fee now through July 31, 2024. Anyone interested in giving Sweetie or Faye a home is encouraged to contact the City’s Animal Control Services Department at https://www.rcdas.org.
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8. PUBLIC APPEARANCE/COMMENTS
Kerri Olobri, representing the Southern California Fair Farmers Daughters Scholarship Program introduced six ambassadors who help promote the Fair and agriculture. Each young lady introduced themselves and described the animals they will be showing at the fair. The Fair runs October 10 through October 13 . Anyone interested in making a donation to their scholarship program may visit https://www.socalfair.com/ Henry Escalera voiced concern that there is a turning area between Limonite and 61st Street that comes to a dead-end and motorists are making unsafe turns. He asked that the street design be reconfigured to reduce accidents.
Vickie Baumbach reported that there is an open field next to her home with overgrown weeds. She requested that the property owner be required to clear the field as it poses a fire hazard.
Mayor Guillermo Silva asked that City staff follow up with Mr. Escalera and Ms.
Baumbach.
Art Marquez introduced himself as the new public affairs manager for Southern California Gas.
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Leslie Altamirano thanked all those who helped provide a pop-up medical clinic last Friday at the Jurupa Va lley Operations Center. Approximately 33 individuals were provided with free health care screenings. She specifically thanked Vituity Cares Nonprofit and Dr. Veronica Contreras for her advocacy and volunteer work. Due to the success of the event, additional clinics are planned.
Council Member Armando Carmona thanked Colby Diuguid and the Jurupa Area Recreation and Park District for an outstanding July 3 event. He asked to be kept updated on the issues raised by Mr. Escalera and Ms. Baumbach.
Mayor Pro Tem Brian Berkson provided an update on recent grand openings for Burlington Coat Factory, Quick Quack Car Wash and Harbor Freight.
Mayor Guillermo Silva announced that the Jurupa Valley Adopt a Family Program will host a “Christmas in July” event on Sunday July 28th from 11 a .m. to 3 p.m. at Vernola Park. This free family event will feature face painting, food, games, a toy giveaway, and a special appearance by Santa. Mayor Silva announced that he will host a District 2 Town Hall on Thursday, August 8 at 6:00 p.m. at Jurupa Valley High School, where he will share updates on new developments, programs, and other City services.
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10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR GUILLERMO SILVA
1. Mayor Guillermo Silva announced that he was unable to attend the Northwest Mosquito and Vector Control District meeting of July 18, 2024.
B. MAYOR PRO TEM BRIAN BERKSON
1. Mayor Pro Tem Brian Berkson gave an update on the Riverside County Transportation Commission meeting of July 10, 2024.
2. Mayor Pro Tem Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of July 12, 2024.
C. COUNCIL MEMBER LESLIE ALTAMIRANO
1. Council Member Leslie Altamirano gave an update on the R iverside County Regional Conservation Authority meeting of July 10, 2023.
D. COUNCIL MEMBER CHRIS BARAJAS
1. Council Member Chris Barajas announced that he would provide his reports at the August 1, 2024 Council meeting.
11. CITY MANAGER’S UPDATE
City Manager Rod Butler introduced the City’s new Finance Director, Susan Paragas, who started officially on July 8, 2024. He thanked June Overholt for serving as Interim Finance Director and for helping the City through the transition period. He provided an update on the installation of the Flock surveillance cameras, which will be installed throughout Jurupa Valley. He announced that National Night Out will be at Vernola Park on Tuesday, August 6 from 6 -8 pm. This is a fun family-friendly event that celebrates public safety. He announced that a ribbon cutting event for the new Burlington will be tomorrow morning and Harbor Freight will hold their official grand opening on July 26 at 10:30 a.m.
12. SHERIFF’S DEPARTMENT UPDATE
Lieutenant John Shulda gave an update on the Department’s P atrol Operations, Traffic Enforcement, Special Enforcement Team, Problem -Oriented Police, Community Events, and Explorers Program.
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13. APPROVAL OF MINUTES
A. JUNE 27, 2024 ADJOURNED REGULAR MEETING
A motion was made by Council Member Chris Barajas , seconded by Council Member Leslie Altamirano , to approve the Minutes of the adjourned regular meeting of June 27, 2024.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$7,991,493.98
Requested Action: That the City Council ratify the check registers dated May 29, and June 5, 12, 20 and 26, 2024 as well as the payroll registers dated May 24, 31, and June 7, 21 and 30, 2024.
C. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND KILEY AND ASSOCIATES FOR F EDERAL
LEGISLATIVE ADVOCACY SERVICES
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Kiley and Associates for Federal Legislative Advocacy Services and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.
D. CONSULTANT AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND B&A GRANT SERVICES AND SOFTWARE FOR GRANT
WRITING SERVICES
Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and B&A Grant Services and Software (B&A) for grant writing services and authorize the City Manager to execute the Agreement.
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E. COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE
PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL
EMERGENCY SERVICES FOR THE CITY OF JURUPA VALLEY
Requested Action: That the City Council enter into a Cooperative Agreement with the County of Riverside for the provision of Fire Protection/Prevention/Rescue/Fire Marshal and Medical Emergency Services to the City of Jurupa Valley under the current Revenue Neutrality Agreement, and authorize the Mayor to sign the cooperative agreement.
F. FIRST AMENDMENT TO THE PARTNERSHIP AGREEMENT WITH
THE COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT
DEPARTMENT FOR PART-TIME SERVICES OF AN EMERGENCY
MANAGEMENT COORDINATOR
Requested Action: That the City Council approve funding and the First Amendment of the partnership agreement with the County of Riverside Emergency Management Department (EMD) in the amount of $80,000 and authorize the City Manager to execute the First Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.
G. A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -007 (PUBLIC
SAFETY, TROY COURT) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -007 (P UBLIC SAFETY, TROY COURT); GENERALY LOCATED ON THE SOUTH END OF TROY
COURT SOUTH OF GALENA STREET AND NORTH OF VAN BUREN
BOULEVARD
Requested Action: That the City Council adopt Resolution No. 2024-74, entitled:
A RESOLUTION OF INTENTION OF THE CITY COUN CIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -007 (PUBLIC
SAFETY, TROY COURT) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -007 (PUBLIC SAFETY, TROY COURT)
H. A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -004 (PUBLIC
SAFETY, TRACTOR SUPPLY) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
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FACILITIES DISTRICT NO. PS 2024 -004 (PUBLIC SAFETY, TRACTOR SUPPLY); GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
SIERRA AVE AND ARMSTRONG ROAD
Requested Action: That the City Council adopt Resolution No. 2024-75, entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -004 (PUBLIC
SAFETY, TRACTOR SUPPLY) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -004 (PUBLIC SAFETY, TRACTOR
SUPPLY)
I. AFFORDABLE HOUSING REFUND PROGRAM (CONTINUED FROM
THE JUNE 27, 2024 MEETING)
1. Requested Action: That the City Council adopt Resolution No. 2024 -40, entitled:
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY ESTABLISHING A POLICY FOR THE
REFUND OF CITY DEVELOPMENT FEES FOR SPECIFIC
AFFORDABLE HOUSING PROJECTS
A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to approve the Consent Calendar.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER A RESOLUTION CONFIRMING THE
DELINQUENT ACCOUNTS FOR SOLID WASTE COLL ECTION
SERVICES AND LEVYING SPECIAL ASSESSMENTS FOR
COLLECTION AGAINST C ERTAIN PARCELS OF PR OPERTY
SITUATED WITHIN THE CITY IN THE BURRTEC SOLID WASTE
INDUSTRIES, INC. SERVICE AREA
Staff Report presented by Paul Toor, Director of Public Works/City Engineer. Mr.
Toor summarized the process to levy special assessments for collection against certain parcels of property in the Burrtec solid waste service area.
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Further discussion followed.
Mayor Guillermo Silva opened the public hearing.
David Daneshmayeh voiced opposition to the Resolution that would approve the special assessments. He presented a petition with 200 signatures of residents who disagree with this proposal.
Florencia Cruz stated that it is not fair to pass these charges on to the property owner as she was unaware that her tenant was not paying the bill because the trash service never stopped.
Henry Escalera concurred with the concerns voiced by Ms. Cruz. He requested that a clause be added to the Burrtec contract to provide pull-out services for barrels for seniors or the disabled.
Mike Aragon, Vice President, Burrtec Waste Industries, provided additional information and responded to Council’s questions.
Further discussion followed.
There being no further comments, the public hearing was closed.
A motion was made by Mayor Pro Tem Brian Berkson, seconded by Council Member Leslie Altamirano , to approve the report for delinquent comprehensive waste collect ion service payments to Burrtec Solid Waste Industries, Inc. and assess the cost thereof as a special assessment and lien against those certain properties in the City; and adopt Resolution No. 2024-76, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, CONFIRMING THE DELINQUENT
ACCOUNTS FOR SOLID WASTE SERVICES PROVIDED BY BURRTEC
SOLID WASTE INDUSTRIES, INC. AND ORDERING THAT THE
DELINQUENT CHARGES SHALL CONSTITUTE SPECIAL
ASSESSMENTS AGAINST THE RESPECTIVE PARCELS OF LAND AND
ARE LIENS ON SAID LANDS IN THE AMOUNT OF THE RESPECTIVE
ASSESSMENTS
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
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B. PUBLIC HEARING TO CO NSIDER ANNUAL RATE A DJUSTMENT
REQUEST FOR RESIDENT IAL AND COMMERCIAL ACCOUNTS
FROM BURRTEC WASTE INDUSTRIES, INC.
Staff Report presented by Paul Toor, Director of Public Works/City Engineer. Mr.
Toor reported that this item will approve an annual rate adjustment for all residential and commercial customers pursuant to section 17.8 of the Solid Waste Franchise Agreement. Mr. Toor reported that pursuant to the Franchise Agreement, Burrtec may submit an annual rate increase which is based on the Consumer Price Index (CPI). He summarized the requirements of SB 1383, which is a state mandate to help address climate change. To meet the statewide goal of reducing 75% of organic waste disposal by 2025, the State developed regulations that required local jurisdictions to adopt and en force organic waste recycling beginning January 1, 2022. He outlined the proposed Fourth Amendment, which will detail new responsibilities for Burrtec to help the City achieve compliance with SB 1383. He thanked Mayor Pro Tem Brian Berkson and Council Mem ber Armando Carmona for serving on the Ad Hoc Committee which assisted staff regarding the City’s solid waste rates and implementation of citywide organic collection services.
Further discussion followed.
Mayor Guillermo Silva opened the public hearing.
A speaker identified as Deborah voiced opposition to the proposed solid waste rate increase as there has been a 13% increase in solid waste rates in one year. She asked Council not to approve this increase as it is not reasonable.
David Daneshmayeh v oiced opposition to the proposed solid waste rate increase and questioned how the increase was calculated.
There being no further comments, the public hearing was closed.
Further discussion followed.
Mike Aragon, Vice President, Burrtec Waste Industri es, provided additional information and responded to Council’s questions.
A motion was made by Council Member Leslie Altamirano , seconded by Council Member Chris Barajas, to approve the annual rate adjustment for all residential and commercial customers s erviced by Burrtec Waste Industries, Inc. per section 17.8 of the Solid Waste Franchise Agreement between the City and Burrtec Waste Industries, Inc. and as outlined in Exhibit B of the staff report; and approve the Fourth Amendment to the Agreement betwee n the City and Burrtec Waste Industries, Inc.
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Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: None
Absent: None
Abstained: A. Carmona
C. PUBLIC 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 -002
(PUBLIC SAFETY, RUBIDOUX COMMERCIAL) GENERALY LOCATED
NORTH-EAST OF 20th STREET AND INTERSECTED BY CATERPILLAR COURT
Staff Report presented by Paul Toor, Director of Public Works/City Engineer. Mr.
Toor summarized the process to approve the formation and levy of special taxes for City of Jurupa Valley Community Facilities District No. PS 2024 -002 (Public Safety, Rubidoux Commercial). Mr. Toor reported that seven out of nine property owners approved the formation and levy of the special taxes. One ballot was not complete and one ballot was signed electronically which was not counted. Based on the allocation of the votes of all properties, t here is a 73% affirmative majority based on the allocation of all of the properties.
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 adopt Resolution No s. 2024 -77 and 2024 -78, entitled:
RESOLUTION NO. 2024-77 - 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 -002 (PUBLIC SAFETY, RUBIDOUX
COMMERCIAL), 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
RESOLUTION NO. 2024 -78 - A RESOLUTION 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
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FACILITIES DISTRICT NO. PS 2024-002 (PUBLIC SAFETY, RUBIDOUX
COMMERCIAL) PROPOSITIONS REGARDING THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A
SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
At the request of Mayor Guillermo Silva, the City Clerk announced that two owners cast two ballots. All votes cast were in favor of the special tax.
A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to adopt Resolution No. 2024-79, 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. 2024-002 (PUBLIC SAFETY, RUBIDOUX COMMERCIAL)
AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX
LIEN
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to introduce Ordinance No. 2024-15, 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 DISTRICT NO. PS 2024-002 (PUBLIC SAFETY, RUBIDOUX
COMMERCIAL) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
D. PUBLIC HEARING TO CONSIDER (1) AMENDING CHAPTER 8.15
FLOODPLAIN MANAGEMENT OF THE JURUPA VALLEY MUNICIPAL
CODE WITH FEMA REQUIREMENTS AND (2) MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B) (3)
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Staff Report presented by Manuel Gonzales, Principal Civil Engineer . Mr.
Gonzales reported that the Federal Emergency Management Agency (FEMA) provides communities with the opportunity to participate in their National Flood Insurance Program (NFIP) to help offset financial loss from floods. In order to participate in the program, floodplain management regulations must be fully compliant with federal regulations.
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 Armando Carmona , seconded by Council Member Chris Barajas, to introduce Ordinance No. 2024-16 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY AMENDING CHAPTER 8.15 (FLOODPLAIN MANAGEMENT)
OF THE JURUPA VALLEY MUNICIPAL CODE TO COMPLY WITH
FEMA REQUIREMENTS, AND MAKE A FINDING OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
SECTION 15061(B)(3)
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
17. COUNCIL BUSINESS
A. DISCUSSION OF CITY HOMELESS ENCAMPMENTS CLEAN -UP
POLICY AND RECENT SUPREME COURT DECISION RELATING TO
CAMPING ON PUBLIC PROPERTY
Staff Report presented by Peter Thorson, City Attorney. Mr. Thorson summarized the recent U.S. Supreme Court decision in the City of Grants Pass v. Johnson, which ruled that ordinances prohibiting camping on public property do not violate the United States 8 th Amendment prohibition on cruel and unusual punishment even when they are applied to homeless individuals who lack access to alternative shelter within the City.
Further discussion followed.
By consensus, the City Council directed Mr. Thorson to bri ng back an ordinance that would provide direct and humane efforts to clean up homeless encampments throughout the City.
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Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
18. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
There were no requests for future Agenda items.
19. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
20. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Leslie Altamirano asked for an update on the Riverside County’s Department of Animal Services’ mobile dog/cat vaccination program. She asked that City staff formally request a visit from the Mexican Consulate that can be scheduled at the Jurupa Valley Operations Center.
21. ADJOURNMENT
There being no further business before the City Council, Mayor Guillermo Silva adjourned the meeting at 10:00 p.m. to August 1, 2024 at 7:00 pm.
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
Page | 1
03/28/2024..04/17/202120
STAFF REPORT
DATE: AUGUST 1, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: SUSAN PARAGAS, FINANCE DIRECTOR
S
UBJECT: AGENDA ITEM NO. 13.B
CHE
CK REGISTERS
RE
COMMENDATION
T
hat the City Council ratify the check registers dated July 2, 10, and 18, 2024 as well as the payroll registers dated July 5, 2024.
T
he City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2024-25 Budget was adopted on June 6, 2024. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.
AN
ALYSIS
A
ll expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code.
O
THER INFORMATION
N
one.
F
INANCIAL IMPACT
C
heck registers:
07/
02/2024 $ 751,603.88
07/10/2024 $ 2,191,745.91
07/18/2024 $ 295,664.52
RETURN TO AGENDA
AGENDA ITEM NO. 13.C
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ORDINANCE NO. 2024-15
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 DISTRICT NO. PS 2024-002 (PUBLIC SAFETY, RUBIDOUX
COMMERCIAL) AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN
RECITALS:
WHEREAS, The City Council of the City of Jurupa Valley (the "City Council"), has previously adopted Resolution No. 2024-13 entitled "Resolution of Intention of the City Council of the City of Jurupa Valley, California to Establish City of Jurupa Valley Community Facilities District No. P S 2024-002 (Public Safety, Rubidoux Commercial) and to authorize the levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2024-002 (Public Safety, Rubidoux Commercial)" (the "Resolution of Intention"), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. PS 2024-002 (Public Safety, Rubidoux Commercial) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (t he "Act") to finance certain services (the "Services") including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intention set July 18, 202 4, at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the "Rate and Method"); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including a special report (the “Re port”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council ad opted 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. P S 2024-002 (Public Safety, Rubidoux Commercial), 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”) which established the CFD and authorized the levy of a special tax within the CFD; and
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WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "Resolution of the City Council of the City of Jurupa Valley Calling a Special Election an d Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No.
PS 2024-002 (Public Safety, Rubidoux Commercial) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax With in the Community Facilities District" (the "Resolution Calling Election") which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the "Special Tax") within the CFD; and
WHEREAS, on July 18, 2024, the City Council adopted a resolution entitled "Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2024-002 (Public Safety, Rubidoux Commercial) and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring Results of Election") which certified the results of the July 18, 2024 election conducted by the City Clerk, which results showed that more than two -thirds of the vote s cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;
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. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.
3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.
4. Exempt Property . Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entit ies that are expressly exempted from the levy of the Special Tax.
5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as -3-
needed for the purposes as described in the Resolution of Formation.
6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In ad dition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments.
7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.
8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 1st day of August, 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 Ordinance No. 2024-15 was regularly introduced at a regular meeting of the City Council held on the 18th day of July, 2024 and thereafter at a regular meeting held on the 1st day of August, 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 1st day of August, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
AGENDA ITEM NO. 13.D
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ORDINANCE NO. 2024-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY , CALIFORNIA, AMENDING
CHAPTER 8.15 (FLOODP LAIN MANAGEMENT) OF THE
JURUPA VALLEY MUNICIPAL CODE TO COMPLY WITH
FEMA REQUIREMENTS, A ND MAKE A FINDING OF
EXEMPTION PURSUANT T O THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Municipal Code Amendment . The City Council of th e City of Jurupa Valley does hereby find, determine, and declare that:
(a) Region IX Regional Service Center of the Federal Emergency Management Agency (“FEMA”) has reviewed the City’s floodplain ordinance. This review was deemed imperative due to the impending implementation of the new Flood Insurance Study (FIS) and associated Flood Insurance Rate Maps (FIRMs) in Riverside County. Upon receiving new or revised flood hazard data from FEMA, the City of Jurupa Valley is obligated to ensure that the floodplain management regulations comply fully, are adopted by the City Council, and are legally enforceable by the effective date of the FIRM and FIS report, which is September 12, 2024. As such, the City is amending Chapter 8.15, Floodplain Management, of th e Municipa l Code to comply with the new FEMA requirements (“Municipal Code Amendment”). (b) Section 9.285.030 of the Jurupa Valley Municipal Code provides that amendments to the Jurupa Valley Municipal Code that propose to regulate the use of buildings, structures, and land as between industry, business, residents, open space, and other purposes, and that propose to regulate the use of lots, yards, courts, and other open spaces, shall be adopted in the manner set forth in Section 9.285.040. Further, Government Code Section 65853 provides that an amendment to a zoning ordinance, which amendment proposes to impose any regulations listed in Government Code Section 65850 not theretofore imposed, must be adopted in the manner set forth in Government Code Sections 6 5854 to 65857, inclusive. Government Code Section 65850(b) identifies the regulation of signs and billboards. (c) Section 9.285.040 of the Jurupa Valley Municipal Code provides that the Planning Commission must hold a public hearing on the proposed amendment. After closing the public hearing, the Planning Commission must render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which must contain the reasons for the recommendation. If the Planni ng Commission does not reach a decision due to a tie vote, that fact must be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (d) Government Code Section 65853 provides that when the legislative body has requested the planning commission to study and report upon an amendment to the zoning
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ordinance and the planning commission fails to act upon such request within a reasonable time, the legislative body may, by written notice, requi re the planning commission to render its report within 40 days. Upon receipt of the written notice, the planning commission, if it has not done so, shall conduct the public hearing as required by Section 65854. Failure to so report to the legislative body within the above time period shall be deemed to be approval of the proposed amendment to the zoning ordinance.
(e) Government Code Section 65854 provides that the planning commission shall hold a public hearing on the proposed amendment to a zoning ordinance . Notice of the hearing shall be given pursuant to Government Code Section 65090. (f) Government Code Section 65855 provides that after the hearing, the planning commission shall render its decision in the form of a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed amendment to the general plan, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body.
Section 2. Procedural Findings.
(a) The Municipal Code Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On June 26, 2024, the Planning Commission of the City of Jurupa Valley held a public hearing on the Municipal Code Amendment at which time all persons interested in the Municipal Code Amendment had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony, the Planning Commission closed the public hearing and adopted Resolution No. 2024-13 recommending that the City Council adopt the Municipal Code Amendment.
(c) On July 18, 2024, the City Council of the City of Jurupa Valley held a public hearing on the Municipal Code Amendment at which time all persons interested in the Municipal 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. (d) All legal preconditions to the adoption of this Ordinance have occurred.
Section 3. California Environmental Quality Act Findings . The City Council of the City of Jurupa Valley makes the following environmental findings and determinations in connection with the approval of the project:
(a) Under the California Environmental Quality Act (“CEQA”), and the CEQA Guidelines promulgated thereunder, Planning Department Staff has determined that the Municipal Code Amendment is exempt from the requirements of the California Environmental Quali ty Act (“CEQA”) and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).
This determination is based on the fact that it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significan t effect on the environment because this amendment will only amend the Jurupa Valley Municipal Code to require that applicants for building permits comply with the flood restraint construction requirements of the building code if
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the work constitutes a substantial improvement, require that certain studies be performed, require that certain information be submitted to FEMA, establishing building standards, and make other technical amendments to the Municipal Code.
(b) The City Council has reviewed the Community Development Department’s determination of exemption, and based on its independent judgment, concurs with the Staff’s determination of exemption.
(c) The Community Development Dire ctor is hereby directed to file a Notice of Exemption with the County Clerk.
Section 4. General Plan Consistency Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law, that the Municipal Code Amendment should be adopted because the proposed Zoning Code Amendment is consistent with the following goals and policies of the City of Jurupa Valley General Plan:
CSSF 1.6 Flood Risk. In reviewing new construction and substantial improvements within the 100-year floodplain, the City shall disapprove projects that cannot minimize the flood risks to acceptable levels in areas mapped by FEMA or as determined by site -specific hydrologic studies for areas not mapped by FEMA. The City shall:
1. Prohibit the construction, locati on, or substantial improvement of structures in areas designated as floodways, except upon approval of a plan that provides that the proposed development will not result in any significant increase in flood levels during the occurrence of a 100-year flood; and
2. Prohibit the filling or grading of land for nonagricultural purposes and for non - authorized flood control purposes in areas designated as floodways, except upon approval of a plan, which provides that the proposed development will not result in any significant increase in flood levels during the occurrence of a 100 -year flood discharge.
CSSF 1.14 Ability to Withstand Flooding. Require development within the floodplain to be capable of withstanding flooding and to minimize use of fill. Compatible uses shall not, however, obstruct flows or adversely affect upstream or downstream properties with increased velocities, flood heights, erosion backwater effects, or concentrations of flows.
CSSF 1.20 Risk Assessment. Continue to assess and upgrade inundation risk and protection in the City.
CSSF 1.21 Flood Hazard Zones. Encourage periodic reevaluation of the 500 -year, 100- year, and 10-year flood hazard zones by state, federal, county, and other sources and use such studies to improve existing protection, revi ew flood protection standards for new development and redevelopment, and update emergency response plans.
Section 5. Amendment to Section 8.1 5.050. Section 8.15.050 (Definitions.) of Chapter 8.15 (Floodplain Management ) of Title 8 (Buildings and Construction ) of the Jurupa Valley Municipal Code is hereby amended to delete the definition of “Flood Boundary and
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Floodway Map (FBFM)” and to amend the definition of Flood Insurance Study as follows with additions shown in underlined text and deletion shown in strikethrough text, with all other provisions of Section 8.15.050 remaining unchanged:
“Flood Insurance Study means the official report provided by the Federal Emergency Management Agency Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.” Section 6. Amendment to Section 8.15.070. Section 8.15.070 (Basis for establishing the areas of special flood hazard.) of Chapter 8.15 (Floodplain Management) of Title 8 (Buildings and Construction) of the Jurupa Valley Municipal Code is hereby amended to read as follows with additions shown in underlined text and deletion shown in strikethrough text, with all other provisions of Section 8.15.070 remaining unchanged:
“The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the city" FIS 06071C8641H date of 08/28/2008 06065CV001-004 dated July 1, 2011, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated August 18, 2014 July 1, 2011, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Admi nistrator. The study, FIRM's and FBFM's are on file with the City Clerk.” Section 7. Amendment to Section 8.15.130. Section 8.15.130 (Basis for establishing the areas of special flood hazard.) of Chapter 8.15 (Floodplain Management) of Title 8 (Buildings and Construction) of the Jurupa Valley Municipal Code is hereby amended in its entirety to read as follows with additions shown in underlined text and deletion shown in strikethrough text:
“The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Permit review.
(a) Review all development permits to determine if the permit requirements of this chapter have been satisfied;
(b) Confirm that all other required state and federal permits have been obtained; (c) Ensure the site is reasonably safe from flooding;
(d) Ensure that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations (BFE) have been determined but a floodway has not been designated. For purp oses of this chapter, the term "adversely effect" shall mean that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point within the city; and (e) Review all development permits to determine that all Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued bas ed on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
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(2) Development of substantial improvement and substantial damage procedures. (a) For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of subs tantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(i) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(ii) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (iii) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(iii) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial dam age. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," and reference the procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value.” (b) Require that procedures are coordinated with other departments/divisions and implemented by community staff.
(3) Review, use and development of other base flood data. When base flood elevation data has not been provided in accordance with Section 8.15.070, "Basis for Establishing the Areas of Special Flood Hazard," the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article V, "Provisions for Flood Hazard Reduction," of this chapter.
(4) Notification of other agencies.
(a) Alteration or relocation of a watercourse:
(i) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(ii) Submit evidence of such notification to the Federal Emergency Management Agency; and
(iii)Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(b) Base Flood Elevation (BFE) changes due to physical alterations:
(i) Within six (6) months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
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(ii) Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on F lood Insurance Rate Maps , and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified California Licensed Civil Engineer in a format required by FEMA.
Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling.
Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
When the hydrologic and hydraulic engineering analysis show changes in base flood elevations, flood hazard area boundaries, or floodway designations, applicants who seek to maintain the Flood Insurance Rate Map shall submit to FEMA the hydrologic and hydraulic analysis within 6 months of such data becoming available.
All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. .
(iii)Such submissions are necessary so that upon conf irmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
(c) Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. (5) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
(a) Certification required for lowest floor elevations as specified in Sections 8.15.150(3)(a) and 8.15.180;
(b) Certification required for elevation or floodproofing of nonresidential structures as specified in Section 8.15.150(3)(b);
(c) Certification required for wet floodproofing standard as specified in Section
8.15.150(3)(c);
(d) Certification of elevation required for subdivisions and other proposed developmen t standards as specified in Section 8.15.170;
(e) Certification required for floodway encroachments as specified in Section 8.15.200(2); and
(f) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
(6) Map determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between
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a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for in this chapter.
(7) Remedial action. Take any and all actions to remedy violations of this chapter. (8) Biennial report. Complete and submit a Biennial Report to FEMA. (9) Planning. Assure the City's General Plan is consistent with floodplain management objectives herein.”
Section 8. Amendment to Section 8.15.150 . Section 8.15.150 (Standards of construction.) of Chapter 8.15 (Floodplain Management) of Title 8 (Buildings and Construction) of the Jurupa Valley Municipal Code is hereby amended in its entirety to read as follows with additions shown in underlined text and deletion shown in strikethrough text:
“In all areas of special flood hazard the following standards are required:
(1) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) Construction materials and methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
(a) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation (BFE);
(b) Using methods and practices that minimize flood damage; (c) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and (d) Within Zones AH or AO, require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (3) Elevation and floodproofing.
(a) Residential construction . All new construction or substantial improvem ents of residential structures shall have the lowest floor, including basement:
(i) In AE, AH, A1 -30 Zones, elevated at least two (2) feet above the base flood elevation (BFE).
(ii) In an AO zone, elevated above the highest adjacent grade to a height two (2) feet above the depth number specified in feet on the FIRM, or elevated at least four (4) two (2) feet above the highest adjacent grade if no depth number is specified. (iii)In an A zone, without base flood elevations (BFEs) specified on the FIRM (unnumbered A zone), elevated at least two (2) feet above highest adjacent grade the base flood elevation (BFE).
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. (b) Nonresidential construction . All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection (3)(a) of this section or:
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(i) Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection (3)(a) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water; (ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii)Be certified by a registered civil engineer or architect confirming that the standards of this subsection are satisfied. Such c ertification shall be provided to the Floodplain Administrator.
(c) Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
(i) Have a minimum of two (2) openings on different sides having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; the bottom of all openings shall be no higher than one (1) foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); and buildings with more than one (1) enclosed area must have ope nings on exterior walls for each area to allow flood water to directly enter; or (ii) Be certified by a registered civil engineer or architect. (d) Manufactured homes. Shall meet the standards in Section 8.15.180. (e) Garages and low cost accessory structures.
(i) Attached garages.
a. A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation (BFE), must be designed to allow for the automatic entry of floodwaters. See subsection (3) of this section. Areas of the garage below the base flood elevation (BFE) must be constructed with flood resistant materials. See subsection (2) of this section. b. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed . For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
(ii) Detached garages and accessory structures.
a. Accessory structures used solely for parking (two (2) car detached garages or smaller) or limited storage (small, low cost sheds), as defined in Article II, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
1. Use of the accessory structure must be limited to parking or limited storage;
2. The portions of the accessory structure located below the base flood elevation (BFE) must be built using flood-resistant materials;
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3. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
4. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the base flood elevation (BFE);
5. The accessory structure must comply with floodplain
encroachment provisions in Section 8.15.200; and
6. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with subsection (3) of this section.
b. Detached garages and accessory structures not meeting the above standard must be constructed in accordance with all applicable standards in this section.”
Section 9. Amendment to Section 8.15.1 80. Section 8.15.180 (Standards of manufactured homes.) of Chapter 8.15 (Floodplain Management) of Title 8 (Buildings and Construction) of the Jurupa Valley Mu nicipal Code is hereby amended in its entirety to read as follows with additions shown in underlined text and deletion shown in strikethrough text:
“A. All manufactured homes that are placed or substantially improved, on sites located:
(1) Outside of a manufactured home park or subdivision; (2) In a new manufactured home park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or (4) In an existing manufactured home park or subdivision upon which a ma nufactured home has incurred substantial damage as the result of a flood, shall, within Zones A1 -30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevat ed to or two (2) feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection (A) of this section shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
(1) Lowest floor of the manufactured home is at or shall be two (2) feet above the base flood elevation (BFE); or
(2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty -six (36) inches in height above grade.
C. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.”
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Section 10. 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 11. Effect of Ordinance. This ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this ordinance.
Section 12. Certification. The city clerk of the City of Jurupa Valley shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted in the manner required by law.
Section 13. 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 1st day of August, 2024.
Guillermo Silva
Mayor
ATTEST:
Victoria Wasko, CMC
City Clerk
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12774-0007\2797440v1.doc
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 Ordinance No. 20 24-16 was regularly introduced at a regular meeting o f the City Council held on the 18th day of July, 2024 and thereafter at a regular meeting held on the 1 st day of August, 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 1st day of August, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
120
STAFF REPORT
DATE: AUGUST 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: ABDON PADILLA, FINANCE MANAGER
SUSAN PARAGAS, FINANCE DIRECTOR
SUBJECT: AGENDA ITEM NO. 13.E
QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING
JUNE 30, 2024 FOR FISCAL YEAR 2023-24
RECOMMENDATION
1) Receive and file the quarterly investment report for quarter ending June 30, 2024 (fourth quarter of Fiscal Year 2023-24).
BACKGROUND
A quarterly investment report shall be received and filed with the City Council to provide a status of the current investments. City funds continue to be invested in the Local Agency Investment Fund, (LAIF ) as well as in US Treasuries through Wulff, Hansen and Company. In the current quarter, the City began investing in more diversified securities as part of a long-range investment strategy plan in line with the City’s investment policy.
This diversified portfolio is m anaged through Chandler Asset Management. This report presents the City’s investment portfolio for the quarter ending June 30, 2024.
ANALYSIS
To provide an overview of quarterly investment report for investments held in LAIF (California State Treasurer ), and investments in US Treasuries and other securities for the quarter ending June 30, 2024.
Staff will continue to provide City Council with quarterly investment reports.
RETURN TO AGENDA
Page | 1
120
STAFF REPORT
DATE: AUGUST 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.F
CONSIDERATION OF A P UBLIC HIGHWAY AT -GRADE CROSSING
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND UNION
PACIFIC RAILROAD COMPANY COVERING THE IMPROVEMENTS OF
THE 28TH STREET AND THE AGUA MANSA ROAD AT-GRADE PUBLIC
ROAD CROSSING AREA
RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the improvements of 28th Street at- grade public road crossing and authorize the City Manager to execute the Agreement in substantially the form and format attached, and as approved by the City Attorney.
2) That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the reconstructi on of the Agua Mansa Road at-grade public road crossing and authorize the City Manager to execute the Agreement in substantially the form and format attached , and as approved by the City Attorney.
3) Authorize the Finance Director to make any necessary budget adjustments.
BACKGROUND
On May 18, 2017 , the City Council passed and adopted Resolution No. 2017 -15 approving the subdivision known as Emerald Ridge North. This subdivision will create 184 single family lots on 44.9 acres located north of State Route (SR) 60, west of Avalon Street and south of 28th Street. The conditions of approval for this project require that the Highpoint Emerald Ridge, LLC (Developer) design improvements at the crossing of Union Pacific Railroad (UPRR) right -of-way at Canal Street and 28th Street, at no cost to the City. The improvements shall meet all requirements of the UPRR, California Public
RETURN TO AGENDA
Page | 2
Utilities Commission (CPUC) and the Federal Railroad Administration (FRA) to qualify crossings as “quiet zones”. At the moment, the developer is proposing an interim upgrade of the 28th street crossing while continuing to work on ultimate improvements including, installation of gates.
It is essential that both the 28th Street and Agua Mansa Road at -grade crossings be improved to accommodate current and future roadway traffic and safety. City staff and Union Pacific Railroad have been working together to develop the plans and specifications for both crossings and the plans have now been prepared.
ANALYSIS
As part of the street improvements , the City intends to improve the existing at -grade crossing area along, over , and across the railroad’s tracks and right -of-way. The City needs to enter into agreements with UPRR because the project areas are partially located within their right-of-way. The proposed improvements under this agreement include the removal and replacement of concrete panels and are considered maintenance improvements. Future agreements will address other required features and improvements.
The City will be required to reimburse UPRR for all expenses associated with engineering review, inspection, flagging, and equipment rentals. UPRR estimates that the total cost of the w ork associated with 28th Street and Agua Mansa Road is $201,873.00 and $230,777.00, respectively.
FINANCIAL IMPACT
Upon approval of the Agreements, the City agrees to reimburse UPRR for one hundred percent (100%) of the actual costs incurred by UPRR in connection with the railroad work.
The proj ect for 28 th Street will be fully reimbursed by the developer of Tract 36947 (Emerald Ridge North).
The project for Agua Mansa Street is funded through economic development contributions from the Agua Mansa Commerce Park project.
ALTERNATIVES
1. Do not approve the at-grade crossing Agreement between the City and Union Pacific Railroad Company for 28th Street
2. Do not approve the at -grade crossing Agreement between the City and Union Pacific Railroad Company for Agua Mansa Road
3. Provide alternative direction to staff.
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STAFF RE
PORT
DAT
E: AUGUST 1, 2024
TO: HO
NORABLE MAYOR AND CITY COUNCIL
FR
OM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 13.G
A
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO . PS 2022- 003
(PUBLIC SAFETY, SEQUANOTA HEIGHTS ) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -003 (PUBLIC
SAFETY, SEQUANOTA HEIGHTS); GENERALY LOCATED AT THE
SOUTHEAST CORNER OF CANAL STREET AND OPAL STREET
AND NORTH OF STATE ROUTE 60
RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-80, 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 2022- 003 (PUBLIC
SAFETY, SEQUANOTA HEIGHTS) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022-003 (PUBLIC SAFETY, SEQUANOTA
HEIGHTS)
BACKGROUND
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, Richmond American Homes of Maryland Inc. a Maryland corporation, requested that the City assist them in forming a district for the City to mitigate public safety impacts created by the new development within the Sequanota Heights project area.
RETURN TO AGENDA
Page | 2
The Mello-Roos Community Facilities Act of 1982 (the "Act") authorizes the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting institution of proceedings by owners of not less than 10% of the area of land proposed to be included within the district. The City has received the signed petition from the landowners.
The City of Jurupa Valley Community Facilities District No . PS 2022-003 (Public Safety, Sequanota Heights ) (the “CFD”) boundary includes the area within a proposed subdivision known as Approved Tentative Tract Map No. 37211 ( Assessor Parcel Numbers 177-130-007 and 177-142-018). The subdivision proposes 48 single-family residential lots subject to the assessment and 2 water quality basin lots that are not subject to CFD assessment. The CFD is comprised of approximately 7.08 taxable acres within 9.93 acres.
The CFD will set up a special tax to generally cover costs associated with providing law enforcement protection services, including but not limited to:
(i) The costs of contracting services,
(ii) Equipment, vehicles, supplies,
(iii) The salaries and benefits of City staff that directly provide law enforcement services,
(iv) City overhead costs associated with providing such services within the District, and
(v) 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.
ANALYSIS
Approval of the attached Resolution is required under the Act to levy a special tax and fund certain services. The attached Resolution declares the City Council's intention to form the proposed CFD and to authorize the levy of a special tax in accordance with the attached Rate and Method of Apportionment of Special Tax. The attached Resolution is the initial step for forming the CFD pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting the formation of the proposed CFD to the landowners at special election to be conducted by mailed ballot.
The base year of FY 2024-25 special tax was set in the following amount:
SPEC IAL
TAX
Single Family Residential (Dwelling Unit) $220.00
Multifamily Residential (Dwelling Unit) $180.00
Approved Property (Lot) $100.00
Page | 3
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, beginning July 1, 2025. The owners have filed a petition representing thei r willingness to move forward.
The first levy of the Special Tax shall commence in fiscal year 2025-26.
OTHER INFORMATION
A public hearing on this matter will take place on September 5, 2024 or as soon thereafter and at that time, the Council will hear any testimony concerning the formation and take action to adopt the "Resolution of Formation."
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. Using the base year rates of fiscal year 2024-25, the estimated maximum annual assessment for the CFD, if levied, would be $10,560.00, as summarized below:
APN Description Tax per
Taxable
Unit
Number of
Dwelling
Units
FY 2024-25
Estimated
Revenue
177-130-007 Residential $220.00 39 $8,580.00
177-142-018 Residential $220.00 9 $1,980.00
Total 48 $10, 560.00
The property owner(s) posted a deposit with its application to form the CFD in order to cover City costs incurred in connection with the formation. Approval of this resolution does not in any way commit the City to any financial contribution or liability by the CFD. The City's cost to administer the CFD annually will be reimbursed through the special taxes charged to property owners.
The revenue and expense will be part of the City's FY 2025-2026 adopted budget and there are no additional fiscal impacts.
ALTERNATIVES
1. Take no action.
2. Provide staff with further direction.
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RESOLUTION NO. 2024-80
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY, CALIFORNIA, TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT N O. PS 2022- 003 (PUBLIC SAFETY, SEQUANOTA HEIGHTS ) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN CIT Y OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT N O. PS 2022 -003 (PUBLIC
SAFETY, SEQUANOTA HEIGHTS)
RECITALS:
WHEREAS, this City Council (the "City Council") of the City of Jurupa Valley (the "City") has received a petition (the "Petition") requesting the institution of proceedings, which is signed by the owner of the land proposed for inclusion in a proposed community facilities district (the "Owner") and which meet the requirements of Sections 53318 and 53319 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 (the "Act"); and
WHEREAS, the Act authorizes the City Council to establish a community facilities district and to levy special taxes within that district; and
WHEREAS, in accordance with the request set forth in the Petition, the City Council desires to undertake proceedings to establish a community facilities district pursuant to the Act to finance certain services which are in addition to services currently provided in the territory of the proposed district and are necessary to meet increased demands placed upon the City as a result of the development of such land;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY:
1. Intention. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district under the terms of the Act.
2. Name of District. The name of the proposed community facilities district is "City of Jurupa Valley Community Facilities District No. PS 2022-003 (Public Safety, Sequanota Heights)" (the "District").
3. Boundaries of District. The exterior boundaries of the District are shown on the map now on file in the office of the City Clerk entitled "Proposed Boundary of Community Facilities District No. PS 2022-003 (Public Safety, Sequanota Heights )" (the "Map"). The Map indicates by a boundary line, the extent of the territory included in the proposed District and shall govern for all details as to the extent of the District. On the original and one copy of the Map, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolutio n. The City Clerk shall file the original of the Map in her office and, within fifteen days after the adoption of this Resolution, the City Clerk shall file a copy of the Map so endorsed in the records of the County -2-
Recorder, County of Riverside, State of California, and in any event this Map shall be filed no later than fifteen days before the public hearing specified in Section 6 below.
4. Services. The type of services proposed to be provided within the District and to be financed under the Act shall con sist of those set forth on Exhibit "A" (the "Services"), attached hereto and incorporated herein by reference. The Services are in addition to services currently provided in the District and are necessary to meet increased demands placed upon the City as a result of the development occurring in the District.
5. Special Tax.
a. Except where funds are otherwise available to pay for the Services, it is the intention of the City Council, commencing Fiscal Year 2025-2026, to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") within the District sufficient to pay for the costs thereof, including incidental expenses. The types of incidental expenses proposed to be incurred are set forth in Exhibit "B." The Speci al Tax will be secured by recordation of a continuing lien against all non -exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxes are collected, or in such other manner as may be provided by the City Council including, without limitation, direct billing of the affected property owner, and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as applicable for ad valorem property taxes. In the first year in which the Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. b. The proposed Rate and Method of Apportionment of t he Special Tax (the "Rate and Method") among parcels of real property in the District, in sufficient detail to allow each resident or landowner within the proposed District to estimate the maximum amount such resident or owner will have to pay, is shown in Exhibit "C," attached hereto and incorporated herein by reference.
The City Council hereby determines the Rate and Method set forth in Exhibit "C" to be reasonable.
6. Hearing. A public hearing on the establishment of the District, the extent of the Distr ict, the furnishing of Services within the District, and the proposed Rate and Method (the "Hearing") shall be held on September 5th, 2024, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Jurupa Valley, 8930 Limonite, Jurupa Valley, California 92509. At the Hearing, any interested person or taxpayer, including all persons owning lands or registered to vote within the proposed District, may appear and be heard.
7. Report. The Staff of the City is d irected to study the proposed District and prepare for filing at the Hearing the report required by Section 53321.5 of the Act. The staff of the City may delegate to consultants of the City the duty to perform the study and prepare the report.
8. Advances. The City may accept advances of funds or work in -kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work in -kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds -3-
advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work- in-kind, as determined by the City Council, with or without interest.
9. Published Notice. The City Clerk is hereby directed to publish a notice of the Hearing ("Notice") pursuant to Section 6061 of the California Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall be substantially in the form specified in Section 53222 of the Act. Publication of the Notice shall be completed at least seven days prior to the date of the Hearing.
10. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll. Mailing of the Notice shall be completed at least fifteen days prior to the date of the Hearing.
11. Voting. Should the City Council determine to form the District, a special election will be held within the District to authorize the levy of the Special Tax in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the District. Ballots for the special election may be distributed by mail with return postage prepaid or by personal service.
12. Exemptions from Special Tax. Except as may otherwise be provided in Exhibit "C" hereto or by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services. In addition, reference is hereby made to Exhibit "C" for a description of other lands which shall be omitted from the levy of the Special Tax.
13. Election to Perform Work. Pursuant to 53329.5(c) of the Act, the City Council finds that, in its opinion, the public interest will not be served by allowing property owners in the District to enter into a contract pursuant to Section 53329.5(a)
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 1st day of August, 2024.
Guillermo Silva
Mayor
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ATTEST:
Victoria Wasko, CMC
City Clerk
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. 2024-80 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 1st day of August, 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 1st day of August, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT “A”
DESCRIPTION OF SERVICES
Authorized Services for the Special Tax shall be the following:
The costs 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”
INCIDENTAL EXPENSES
Incidental Expenses for the Special Tax shall be the following:
The cost of the Incidental Expenses shall be 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 order 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.
The following incidental expenses are examples of those that may be incurred in the formation of the District: engineering services, publishing, mailing and posting of notices, governmental notification and filing costs, election costs, and charges and fee s of the City other than those waived.
The following incidental expenses are examples of those that may be incurred in each annual Special Tax levy: necessary consultant costs, costs of posting and collecting the special taxes, and administrative costs of the City related to each annual Special Tax levy.
C-1
EXHIBIT “C”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(Please see attached)
Page | 1
120
STAFF REPORT
DATE: AUGUST 1, 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 13.H
A
CCEPTANCE OF OFFERS OF DEDICATION FOR PUBLIC ROAD
AND UTILITY EASEMENT ADJACENT TO CANAL STREET ( LZ
DEVELOPMENT, LLC, APN 179-051-001)
RE
COMMENDATION
I
t is recommended that the City Council:
1. Accept the offer of dedication of an easement for public road and utility purposes, including public services purposes over, upon, across, and within the area as described in Exhibit A and shown on Exhibit B of DED23-006.
2. A
uthorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication for DED23-006.
BACKGROUND
LZ
Development, LLC (“Owner”) is the owner of the area shown on Exhibit B of DED23- 006.
A
s a part of the approval for the overall development for Emerald Ridge South (TR37640) and circulation of the existing neighborhood and future development , the Owner is required to dedicate a portion of APN 179-051-001 for public road and utility purposes as shown in Exhibit B.
T
he applicant submitted the required offer of dedication documents, staf f reviewed the documents, and found them in compliance with the California Government Code (7050), local ordinances, and the conditions of approval for this development.
RETURN TO AGENDA
Page | 2
ANALYSIS
In anticipation of acceptance of the offers of dedications, staff prepared a C ertificate of Acceptance as required by Government Code Section 27281. Acceptance of the offers of dedication will grant the City an easement for public road and drainage purposes a nd allow improvements along Canal Street.
FISCAL IMPACT
There is no anticipated impact to the general fund.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
Page | 1
120
STAFF REPORT
DATE: AUGUST 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 13.I
SUMMARY VACATION OF A PORTION OF TH E PUBLIC UTILITY
AND EMERGENCY VEHICL E ACCESS EASEMENT LOT “H” AND
“U” OF PARCEL MAP NO. 37528
RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-81, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, SUMMARILY VACATING A PUBLIC UTILITY AND EMERGENCY VEHICLE AC CESS EASEMENT LOT “H ” AND “U” OF
PARCEL MAP NO. 37528
BACKGROUND
California Streets and Highways Code Section 8334 authorizes the City to summarily vacate a portion of a street easement if that portion of the street is no longer required for public utilities and right of ingress and egress for emergency vehicles purposes.
The easement for public utilities and right of ingress and egress f or emergency vehicle, over, under, through and across portions of lettered lots “H” and “U” as identified and shown on Parcel Map No. 37528, City of Jurupa Valley, County of Riverside, State of California, filed April 27, 2022, in book 254 of Parcel Maps, pages 7 to 25, inclusive, Instrument No. 2022 -0197901, official records of the County of Riverside, (the “Easement”) is no longer needed.
The easement depicted as lots “H” and “U” are not required due to site plan being updated as approved under MA22234 and shown in Attachment D. As a result of public utility Easement being vacated the utilities that were initially required under lots “H” and “U” were approved to be removed by the Rubidoux Community Services District (RCSD) as shown in Attachment E.
RETURN TO AGENDA
Page | 2
ANALYSIS
Approval of the attached Resolution is required under Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code to summarily vacate the Easement.
If the City Council approves the attached Resolution, the City Clerk will cause a certified copy of this Resolution to be recorded in the office of the Recorder of the County of Riverside in accordance with Section 8336 of California Streets and Highways Code.
Upon such recordation, the vacation is complete.
FINANCIAL IMPACT
There is no financial impact to the general fund by approving this resolution.
ALTERNATIVES
1. Take no action
2. Provide alternate direction to staff
*******************SIGNATURES ON FOLLOWING PAGE**********************
Page | 1
$388,479120
STAFF REPORT
DATE: A UGUST 1, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/COMMUNITY
DEVELOPMENT DIRECTOR
S
UBJECT: AGENDA ITEM NO. 13.J
AP
PROVAL OF SIXTH AMENDMENT TO AGREEMENT WITH
FIRSTCARBON SOLUTIONS CORPORATION FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND
SUPPORTING DOCUMENTS FOR THE PROPOSED “RIO VISTA
SPECIFIC PLAN” PROJECT (CASE NUMBER: MA16045), (APPLICANT:
RICHLAND COMMUNITIES)
RE
COMMENDATION
That the City Council authorize the City Manager to execute the Sixth Amendment to the Agreement with First Carbon Solutions Corporation for the preparation of an Environmental Impact Report (EIR), and supporting documents, for the proposed “ Rio Vista Specific Plan” project in an amount not to exceed $589,365.00, to be funded entirely by the applicant’s advance deposit sufficient to cover the EIR administrative costs.
BACKGROUND
On July 21, 2016, the City Council approved an agreement between the City and First Carbon Solutions for consultant services for the preparation of an Environmental Impact Report for the proposed Rio Vista Specific Plan, a project proposed by Richland Communities (“Agreement”). The original Agreement amount for the scope of services was $172,249.
On April 4, 2019, the City Council approved a First Amendment to the Agreement for additional studies and additional tasks in the amount of $10,250.
In February of 2021, the applicant submitted a revised land use plan that added industrial and business park land uses to the Specific Plan, which required a Second Amendment to the Agreement to cover the additional scope of work. On June 7, 2021, the City Council
RETURN TO AGENDA
Page | 2
approved a Second Amendment to the agreement i n the amount of $147,180, bringing the total contract amount to $329,679.
On June 16, 2022, the City Council approved a Third Amendment for $83,635 plus a $12,546 contingency for a total of $425,860. This amount was needed due to expanded scope and additional biological technical studies related to the Palmer Oak tree.
On November 2, 2023 the City Council approved a F ourth Amendment for $69,800, bringing the total contract amount to $495,660. The amount was necessary to pay for increased coordination and the complexity of the project and additional review cycles of the administrative draft EIR.
On May 22, 2024 the City Council approved a Fifth Amendment for $53,990 bringing the total contact amount to $549,650. The amount was necessary to pay for the preparation of a second administrative draft final EIR and the large number of public comments.
ANALYSIS
FirstCarbon Solutions Corporation is requesting a Sixth Amendment to the Agreement to cover additional labor costs for providing a memorandum addressing additional information requested by the Planning Commission regarding the Palmer Oak and attendance of additional Planning Commission hearings.
See Exhibit A -6 of Attachment 1 ( Sixth Amendment to FirstCarbon Solutions Corporation Agreement for Rio Vista Specific Plan EIR) for details of the additional scope of services. The cost of the services to be provided by FirstCarbon Solutions Corporation under the Sixth Amendment is $39,715 bringing the total contract amount to $589,365.
FINANCIAL IMPACT
The proposed Sixth Amendment augmented cost of $589,365 will have no effect on City costs or revenues. Full cost recovery will occur in as much as the City will require the applicant to deposit the total contract value with the City prior to the commencement of work. The applicant is aware of the proposed Sixth Amendment and has agreed to deposit the necessary funds to cover the additional work.
ALTERNATIVES
1. Decline to authorize the City Manager to execute the Sixth Amendment and give appropriate direction; (No action, maintaining the status quo); or
2. Defer action and request additional information.
Page | 1
120
STAFF REPORT
DATE: AUGUST 1, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER / COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 15.A
PUBLIC HEARING TO CONSIDER MA23345; EXTENSION OF TIME
NO. 1 FOR CONDITIONAL USE PERMIT NO. 21008 FOR THE
LEGALIZATION OF , AND IMPROVEMENTS RELATED TO, A
LUMBER YARD ON A 0.9 ACRE SITE LOCATED AT 5529 26 TH
STREET; APN: 178-102-009
RECOMMENDATION
1) That the City Council conduct a public hearing, receive testimony, and a dopt Resolution No. 2024-82, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY TO DENY AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT (CUP NO. 21008) FOR THE LEGALIZATION OF, AND
IMPROVEMENTS RELATED TO, A 5,100 SQUARE FOOT LUMBER YARD ON THE REAL PROPERTY LOCATED AT 5529 26TH STREET (APN 178 - 102-009), AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
BACKGROUND
On July 12, 2023, the Planning Commission adopted Resolution No. PC -2023-16 (see Attachment 2) approving MA21281 (CUP21008) for the legalization of, and improvements related to, a lumberyard on a 0.9 -acre site, located at 5529 26th Street. The project improvements consist of a 3,200 square foot lumber mill with office space, and 1,900 square feet of designated outdoor storage for lumber stacking. Exhibit A presents the project site location and Exhibit B presents the approved site plan.
The prop erty is located at the northeastern area of the C ity, north of 26 th St., east of
Rubidoux Blvd. , and west of Hall Ave. The property is mostly surrounded by other industrial uses aside from the residential uses to the east.
RETURN TO AGENDA
Page | 2
The property has a General Plan Land Use designation of Commercial Retail (CR), and a Zoning classification of Manufacturing-Service Commercial (M-SC).
EXHIBIT A. SITE LOCATION
EXHIBIT B: APPROVED SITE PLAN
Page | 3
As part of the approval and legalization of the lumber yard, the applicant is required to demolish the existing single- family home, guest house, and unpermitted lumber mill structure to construct a new and improved 3,200 square-foot lumber mill building as well as other on- site improvements. Exhibit C shows the existing lumber mill structure and Exhibit D shows the existing single-family home and guest house.
EXHIBIT C: EXISTING LUMBER MILL STRUCTURE
EXHIBIT D: EXISTING SINGLE-FAMILY HOME & GUEST HOUSE
Since the project was for the legalization of an unpermitted use, the City ’s approval was intended to accelerate the improvement of the project site and remove any violations. The project was approved with a one-year approval period and special conditions to address existing code violations , mitigate impacts on the surrounding community and increase compatibility with the surrounding neighborhood. One of the conditions required the
Page | 4
applicant to submit a deposit for Community Development Department to review the applicant’s compliance with the conditions of approval 6 months after date of approval.
Although the applicant did not pay on time , a report was provided to the Planning Commission on February 28, 2024. The staff report is provided as Attachment No. 3 and the approved architectural set of plans is provided as Attachment No. 4. The adopted Resolution No. 2023-16 as Attachment No. 2, along with the Conditions of Approval.
PLANNING COMMISSION 6-MONTH UPDATE
On February 28, 2024, the Planning Commission was given an update on the applicant’s progress to satisfy conditions of approval. At the time, the applicant was not responsive and was not able to arrange a site inspection, therefore a visual inspection from the public right-of-way was completed. Due to the difficulty of not being on- site to inspect or ability to communicate with the applicant on the progress, staff was unable to confirm the status of the conditions. A summary of the applicant ’s compliance with the special conditions that were presented to Planning Commission are shown on Table 1 below:
TABLE 1. COMPLIANCE WITH CONDITIONS (FEB. 28, 2024)
Conditions Has the condition been satisfied?
Condition #6 – APPROVAL PERIOD. This
approval shall be used within twelve (12) months of
the approval date; otherwise, it shall become null
and void and of no effect whatsoever. By “use”, it
shall mean the beginning of substantial
construction contemplated by this approval within
a twelve (12) month period which is thereafter
diligently pursued to completion or to the actual
occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration
of the twelve (12) period, the permittee may
request up to two (2) one- (1) year extensions of
time up to in which to begin substantial construction
or use of this permit. Should the extension(s) be
obtained and no substantial construction or use of
this permit be initiated within three (3) years of the
approval date this permit, it shall become null and
void.
Approval not expired. The expiration date is July
12, 2024. The applicant has submitted an
application for a one-year extension of time.
Condition #25 – HOURS OF OPERATION. Hours
of operation shall be limited to Monday to Friday, 8
AM to 5 PM, and Saturday, 8 AM to 2 PM. No
deliveries or shipping operations shall occur on
Saturday so as to limit any potential noise and
impacts to adjacent properties. No operations shall
occur on Sunday. Any request for minor
modifications to the hours of operation shall require
the approval of the Community Development
Director. The Community Development Director
may refer the request to the Planning Commission
for action. A request for major modification(s) to the
hours of operations requires an approved Revised
Permit application and the approval of the Planning
Commission.
Unknown. Applicant has been unresponsive
regarding staff inquiries on hours of operation.
Applicant has been unresponsive regarding staff
requests to schedule a site inspection.
Page | 5
Condition #26 – INDOOR MILLING AND
SAWING. Milling and sawing operations shall be
limited to occur inside the lumber mill building only
to limit any potential noise impacts to adjacent
properties. Outdoor milling and sawing operations
are prohibited.
Unknown. Applicant has been unresponsive to
staff requests to schedule a site inspection to
confirm if outdoor milling and sawing operations
are conducted outdoors.
Condition # 27 – OUTDOOR STORAGE AREAS.
All outdoor storage areas shall be clearly marked.
Outdoor storage of lumber materials shall be
limited to the marked storage areas so as to limit
any potential noise and aesthetic impacts to
adjacent properties. Storage of lumber outsi de of
the marked storage areas is prohibited.
Unknown. Applicant has been unresponsive to
staff requests to schedule a site inspection to
confirm.
Condition #28 – MAXIMUM STACKING HEIGHT.
Any outdoor storage of lumber material shall not
exceed 20 feet in height so as to limit any potential
aesthetic impacts and unsafe conditions to
adjacent properties.
Unknown. Applicant has been unresponsive to
staff requests to schedule a site inspection to
confirm.
Condition #29 – DEMOLITION OF EXISTING
UNPERMITTED STRUCTURES. The existing
single-family home, guest house, unpermitted
canopy structure, and any other unpermitted
structure(s) shall be demolished within 3 months of
the Conditional Use Permit approval
No. Applicant has not submitted a building permit
to demolish the unpermitted structures. Based on
a visual inspection from public right -of-way, the
unpermitted structures remain.
Condition #30 – TRUCK ROUTE. Commercial
trucks shall not travel on Hall Avenue and Avalon
Street to access or depart the proj ect site so as to
limit any potential impacts to the surrounding
community.
Unknown. Applicant has been unresponsive to
staff requests to schedule a site inspection and to
obtain information.
Condition #31 – NOISE. No sound shall be
emitted as a result of the operations that causes
the exterior sound level to exceed seventy-five (75)
decibels from Monday to Friday, 8 AM to 5 PM, and
Saturday, 8 AM to 2 PM.
Unknown. Applicant has been unresponsive to
staff requests t o schedule a site inspection to
confirm.
Condition #32 – SIX-MONTH REVIEW PERIOD.
At the cost of the Applicant, the Community
Development Department will review the
Applicant’s adherence to the conditions of approval
contained herein and provide a report on their
progress to the Planning Commission, six (6)
months after the project’s date of approval.
No. Applicant did not submit the payment within the
6 months of approval for the review of their
adherence to the conditions of approval. The
payment was made after 6 months.
Condition #34 – NO PALLET YARD
OPERATIONS PERMITTED. No pallet yard
operations, including but not limited to the
manufacturing, assembly, repair and/or permanent
storage of pallets is permitted. Pallets shall only be
stored temporarily and only be used to transport
the raw wood and outgoing shipments of finished
wood
as described in the attached project
description.
Unknown. Applicant has been unresponsive to
staff requests to schedule a site inspection to
confirm.
Page | 6
During the public hearing, the Planning Commission requested that the applicant permit staff to enter the project site for an inspection and determine if the site is in compliance with the special conditions. The applicant agreed to the request and allowed staff to complete a site inspection on March 1, 2024. As a result of the inspection, staff found that the applicant was in compliance with Conditions 25, 28, 30, 31, and 34, and not in compliance with Conditions 6, 26, 27, 29, and 32.
PROJECT DESCRIPTION
The Applicant (“Applicant” or “Cedar Lumber and Wood Products LLC”) requests approval of a one (1) year Extension of Time (EOT) to the approved Conditional Use Permit for the legalization of a lumberyard and improvements that consist of a 3,200 square foot lumber mill with office space, and 1,900 square feet of designated outdoor storage for lumber stacking on approximately 0.9 acres of property.
According to the applicant’s justification letter (Attachment 5), the request for Extension of Time is due to the recent purchase of the property (APN: 178-102-005) directly at the rear of the project site (see Exhibit E).
EXHIBIT E: REAR PROPERTY SITE
The Applicant’s intent is to expand the lumber yard operations onto this recently purchased property. The applicant explained that the purchas e of the rear property set back the applicant ’s finances and, therefore, it has made it financially difficult to start satisfying conditions and the development of approved project. The applicant requested a one (1) year extension to the approved CUP to sav e enough money to begin the
Page | 7
development and to be in compliance. Table 2 presents the details of the CUP approval date and expiration dates. No changes to the project are proposed with this Extension of Time application.
TABLE 2. EXPIRATION DATES OF ENTITLEMENT
Approval Date July 12, 2023
Expiration Date July 12, 2024
Requested Expiration Date July 12, 2025
Future extensions available if
this EOT is approved
City Council can approve up to two (2) one-(1) year
extensions of time. One (1) more extension of time
would be allowed if this EOT is approved.
ANALYSIS
The Conditional Use Permit (CUP) is set to expire on July 12, 2024. On December 13, 2023, the Applicant applied for an Extension of Time (EOT) prior to the expiration date.
Approval of the EOT application would extend the approval periods for one (1) year to July 12, 2025. The approval of this extension of time would extend the approval period of the CUP for (2) additional years.
Section 9.240.280(5) of the Jurupa Valley Municipal Code requires that a CUP be used within one (1) year of the effective date or within such additional time as may be set in the Conditions of Approval which shall not exceed a total of three ( 3) years, otherwise the permit shall be null and void. Per Condition of Approval No. 6 of MA21281, Conditional Use Permit No. 21 008 shall be used within one (1) year of the July 12, 2023 approval date. Prior to the expiration date, the applicant may request an extension of time in which to use the permit.
An Extension of Time for a Conditional Use Permit may be granted upon determination that valid reason exists for the applicant not using the Conditional Use Permit within the required period of time. The Applicant stated that the recent purchase of the property at the rear created financial difficulties which prevented him to start the development of the approved project . At this time , the applicant has not submitted a Revised Permit application to request expansion of the entitled lumber yard to the property at the rear.
The applicant also has not submitted any permit applications to the Building & Safety Division to address or satisfy any conditions of approval.
On June 28, 2024, a second site inspection was completed to confirm the project site’ s compliance with the conditions of approval. A summary of the applicant ’s compliance with the special conditions are shown on Table 3 below:
Page | 8
TABLE 3. COMPLIANCE WITH CONDITIONS (June 28, 2024)
Conditions Has the condition been satisfied?
Condition #6 – APPROVAL PERIOD. This
approval shall be used within twelve (12) months of
the approval date; otherwise, it shall become null
and void and of no effect whatsoever. By “use”, it
shall mean the beginning of substantial
construction contemplated by this approval within
a twel ve (12) month period which is thereafter
diligently pursued to completion or to the actual
occupancy of existing buildings or land under the
terms of the authorized use. Prior to the expiration
of the twelve (12) period, the permittee may
request up to two (2) one- (1) year extensions of
time up to in which to begin substantial construction
or use of this permit. Should the extension(s) be
obtained and no substantial construction or use of
this permit be initiated within three (3) years of the
approval date this permit, it shall become null and
void.
Pending Extension of Time Application . The
expiration date is July 12, 2024. The applicant
submitted an application for an extension of time
prior to expiration date and the City Council is
scheduled to take action on August 1, 2024.
Condition #25 – HOURS OF OPERATION. Hours
of operation shall be limited to Monday to Friday, 8
AM to 5 PM, and Saturday, 8 AM to 2 PM. No
deliveries or shipping operations shall occur on
Saturday so as to limit any potential noise and
impacts to adjacent properties. No operations shall
occur on Sunday. Any request for minor
modifications to the hours of operation shall require
the approval of the Community Development
Director. The Commu nity Development Director
may refer the request to the Planning Commission
for action. A request for major modification(s) to the
hours of operations requires an approved Revised
Permit application and the approval of the Planning
Commission.
Yes. Applicant confirmed that the hours of
operation are Monday to Friday from 8am to 5pm.
Condition #26 – INDOOR MILLING AND
SAWING. Milling and sawing operations shall be
limited to occur inside the lumber mill building only
to limit any potential noise impacts to adjacent
properties. Outdoor milling and sawing operations
are prohibited.
No. Operations of the milling and sawing occur
inside the existing partially enclosed building as
shown in Exhibit C.
Condition # 27 – OUTDOOR STORAGE AREAS.
All outdoor storage areas shall be clearly marked.
Outdoor storage of lumber materials shall be
limited to the marked storage areas so as to limit
any potential noise and aesthetic impacts to
adjacent properties. Storage of lumber outside of
the marked storage areas is prohibited.
No. Outdoor storage areas are not clearly marked
and do not match the permitted outdoor storage
areas in the approved plans.
Condition #28 – MAXIMUM STACKING HEIGHT.
Any outdoor storage of lumber material shall not
exceed 20 feet in height so as to limit any potential
Yes. Outdoor storage of lumber material does not
exceed 20 feet in height.
Page | 9
aesthetic impacts and unsafe conditions to
adjacent properties.
Condition #29 – DEMOLITION OF EXISTING
UNPERMITTED STRUCTURES. The existing
single-family home, guest house, unpermitted
canopy structure, and any other unpermitted
structure(s) shall be demolished within 3 months of
the Conditional Use Permit approval
No. The Applicant has not submitted a building
permit to demolish the existing the single-family
home, guest house and the unpermitted structures.
Condition #30 – TRUCK ROUTE. Commercial
trucks shall not travel on Hall Avenue and Avalon
Street to access or depart the project site so as to
limit any potential impacts to the surrounding
community.
Yes. The Applicant has confirmed that the
commercial trucks associated with the project do
not travel on Hall Avenue and Avalon Street.
Condition #31 – NOISE. No sound shall be
emitted as a result of the operations that causes
the exterior sound level to exceed seventy-five (75)
decibels from Monday to Friday, 8 AM to 5 PM, and
Saturday, 8 AM to 2 PM.
Yes. Noise emitted as a result of the operations do
not exceed sound levels of seventy -five (75)
decibels.
Condition #32 – SIX-MONTH REVIEW PERIOD.
At the cost of the Applicant, the Community
Development Department will review the
Applicant’s adherence to the conditions of approval
contained herein and provide a report on their
progress to the Planning Commission, six (6)
months after the project’s date of approval.
No. The Applicant did not submit the payment
within the 6 months of approval for the review of
their adherence to the conditions of approval. The
payment was made 7 months and the update to
Planning Commission was provided afterwards.
Condition #34 – NO PALLET YARD
OPERATIONS PERMITTED. No pallet yard
operations, including but not limited to the
manufacturing, assembly, repair and/or permanent
storage of pallets is permitted. Pallets shall only be
stored temporarily and only be used to transport
the raw wood and outgoing shipments of finished
wood as described in the attached project
description.
Yes. There are no pallet yard operations currently
on-site.
CONCLUSION
Due to the applicant’s lack of progress to use the CUP and satisfy conditions of the CUP, it is recommended that the Extension of Time (EOT) requested for CUP21008 be denied.
As of the time of this report, there are no building permit applications to demolish the existing unpermitted structures or to build the approved design under CUP21008. The Applicant was provided sufficient time to comply with the required conditions of approval and ultimately obtain the required building permits to begin construction of the proposed development.
ENVIRONMENTAL REVIEW
On July 12, 2023, Planning Commission adopted Resolution No. PC -2023-16, making findings of exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15302 and 15303 to allow for the legalization of, and improvements related to, a lumber yard (milling and sawing, office space, and outdoor storage). As there
-1-
RESOLUTION NO. 2024-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, TO DENY AN EXTENSION OF TIME FOR
CONDITIONAL USE PERM IT (CUP NO. 21008) F OR THE
LEGALIZATION OF, AND IMPROVEMENTS RELATE D TO, A 5,100
SQUARE FOOT LUMBER YARD ON THE REAL PROPERTY LOCATED
AT 5529 26TH STREET (APN 178-102-009), AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
Section 1. Project. Cedar Lumber and Wood Products, LLC (the “Applicant”) applied for approval of a Conditional Use Permit (Master Application No. 21281 or MA No. 21281) to legalize and make improvements to a 5,100 square foot lumber year on a 0.90-acre site located at 5529 26th Street (APN 178-102-009) (the “Project”). On July 12, 2023, the Planning Commission adopted Resolution No. PC-2023-16 approving MA21281 (CUP21008) for the legalization of, and improvements related to, a lumberyard on a 0.9 acre site, located at 5529 26th Street. CUP21008 has an expiration date of July 12, 2024.
Section 2. Conditional Use Permit - Extension of Time.
(a) The Applicant is seeking approval of a one -year extension of time of CUP No. 21008 to legalize and make improvements to a 5,100 square foot lum ber year on a 0.90-acre site located at 5529 26th Street (APN 178-102-009).
(b) On July 12, 2023, the Planning Commission approved CUP No. 21008 with an expiration date of July 12, 2024. Prior to its ex piration, the Applicant applied for a one year extension of time of the Conditional Use Permit.
(c) Section 9.240.280.(5) of the Jurupa Valley Municipal Code provides that if a Conditional Use Permit is required to be used within less than three (3) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. The term “use” means the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.
(d) Further, Section 9.240.280.(5) of the Jurupa Valley Municipal Code provides that a request for extension of time shall be made to the City Council, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by the fee set forth in County Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the Planning Director shall review the applications, make a recommendation thereon, and forward the matter to the City Clerk, who shall place the matter on the regular agenda of the City Council.
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(e) Further, Section 9.240.280.(5) of the Jurupa Valley Municipal Code provides that an extension of time may be granted by the City Council upon a determination that valid reason exists for the permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three (3) years, calculated from the effective date of the issuance of the permit. The effective date of a permit shall be determined pursuant to either Section 9.240.250 or 9.240.260 of the Jurupa Valley Municipal Code.
Section 3. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA No. 21281 was processed including, but not limited to, a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On August 1, 2024, the City Council of the City of Jurupa Valley held a public hearing on MA No. 21281, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters . Following the receipt of public testimony the City Council closed the public hearing.
(c) All legal preconditions to the adoption of this Resolution have occurred.
Section 4. California Environmental Quality Act Findings. The City Council of the City of Jurupa Valley does hereby make the following environmental findings and determinations in connection with the Project:
(a) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.
Res. Code §21000 et seq.) and the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. §15000 et seq.), the Project is exempt from environmental review pursuant to CEQA Guidelines section 15061(b)(4) as the project is being denied.
Section 5. Findings for Denial of Extension of Time of Conditional Use Permit .
The City Council of the City of Jurupa Valley does hereby find, determine , and declare that the proposed Extension of Time of Conditional Use Permit No. CUP21008 should be denied for the following reasons:
(a) The Applicant submitted an application for the Extension of Time explaining that the recent purchase of the property at the rear of the project site created financial difficulties which prevented him to start the development of the approved project. The Applicant has not submitted a Revised Permit application that would include the property at the rear despite the property at the rear of the project site having been purchased in December 2023. (b) The Applicant has been unresponsive to the City’s requests for updates on the progress of compliance with conditions or an inspection per the conditions. The Applicant also has not submitted any permits to the Building & Safety Division to address or satisfy any conditions of approval.
Section 6. Denial of Master Application No. 21281 with Conditions. Based on the foregoing, the City Council of the City of Jurupa Valley hereby denies an Extension of Time of -3-
Conditional Use Permit No. 21008 (Master Application No. 21281 or MA No. 21281) to legalize and make improvements to a 5,100 square foot lumber year on a 0.90 -acre site located at 5529 26th Street (APN 178-102-009).
Section 7. Certification. The City Cle rk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 1st day of August, 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 -82 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 1 st day of August, 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 1st day of August, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
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120
S
TAFF REPORT
DATE: AUGUST 1, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 16.A
F
UNDING DISCUSSION REGARDING THE CONCLUSION OF THE
GRANT FUNDED CRISIS STABILIZATION UNITS PROGRAM
RE
COMMENDATION
1) T
hat the City Council receive a report from staff detailing funding options for the Crisis Stabilization Units Program and provide direction to staff.
B
ACKGROUND
In June of 2020, the City Council approved the first allocation of Community Development Block Grants Covid -19 (CDBG-CV) funding received by the Federal Government. Staff solicited proposals for Public Service Grants that were reviewed by the Community Development Advisory Committee (CDAC) and ultimately awarded by the City Council.
On J
uly 2, 2020, the City Council approved the recommendation by the CDAC, funding the Path of Life (POL) Crisis Stabilization Units proposal in the amount of $255,500.00.
POL’s Crisis Stabilization Units augment their existing emergency shelter, outreach, and homelessness prevention contract with the City. In addition to the four shelter beds reserved each night for Jurupa Valley residents, these units allow families to remain together or allow at -risk or individuals with special needs to have a space for up to 90 days. POL’s proposal included the procurement of two apartment units within the City to be managed as emergency housing . Despite being physically separated from the Riverside group shelter , individual s and families that occupy these apartment units receive the same services that the main shelter provides, such as meals, case management, job placement services, etc. In addition to Jurupa Valley, this Crisis Stabilization Unit model has been utilized successfully by the Coachella Valley Association of Governments and other cities in the Inland Empire.
P
OL secured lease agreements for two residential units and operates both of those units.
Homeless individuals and families are housed in the units and remain sheltered for up to
RETURN TO AGENDA
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90 days. POL is the master lease holder of each property and financially responsible for all “wear and tear” that occurs in each unit.
This initial investment of CDBG-CV funding was fully expended in August of 2022.
During the August 18, 2022 City Council meeting, the Council formally adopted the City’s American Rescue Plan Act (ARPA) Expenditure Plan. ARPA is a $28 million, federally funded, grant received by the City in response to the financial hardship created during the COVID19 pandemic.
Included as part of this grant funded program, the City Council allocated $200,000 for the continuation of the Crisis Stabilization Units. T his new funding enabled POL to provide these units for two additional years.
Nearly two years have passed since the ARPA grant funded crisis stabilization units began and in August thos e funds will be expended. POL would like to continue the program, but additional funding is necessary for the program to continue. Staff has been actively searching for other grant programs through the state and the county and has been unsuccessful in atte mpts to locate additional grant funding . POL is also actively searching for additional funding, without success. Homelessness and housing are priorities of the S tate and staff remains hopeful that additional grant opportunities will become available.
The Crisis Stabilization Unit Program has been successful since July 2020 and forty-four (44) individuals have been served in the units for a total of 4,506 overnight stays. Attached is a budget for two units at $143,971.98. This budget include rents, laundry and linens, cleaning and maintenance, food, outreach navigator and manager and indirect costs.
To date, the City has prioritized through grant funding: street outreach and navigation for one-to-one care, emergency shelter beds to secure emergency shelter for those that desire a safe place. Also, grant funding was approved for the Crisis Stabilization Units for those who cannot use a congregate setting or need more time to order their lives. Staff has received several success stories as a result of this City Council authorized funding .
Overall, the efforts the City Council has made in the past few years has culminated in a 42% reduction in unsheltered homelessness.
On June 27, 2024, City Council directed Staff to continue t o search for grants and to return to the City Council with in six months (September 2024- February 2024) crisis stabilization unit program extension funding recommendation . An additional six months of funding will allow for more overnight stays and provide staff with additional time to obtain grant funding.
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ANALYSIS
The total budget for two Crisis Stabilization units is $143,971 per year. The total cost to extend two units for six months is $72,000. At the direction of the City Council, staff began identifying potential City funding for the continuation of the Crisis Stabilization program for an additional six months.
In reviewing the City’s Fiscal Year 2023- 2024 City Council and City Manager’s Office expenditures when compared to the adopted Fiscal Year 2023- 2024 budget, yearend “savings”, i.e. FY 2023-2024 expenditures less than the FY 2023- 2024 adopted budget, staff identified $35,000 that could be appropriated toward a six -month extension of two Crisis Stabilization Units. While th e Fiscal Year 2023- 2024 Budget has not officially “closed”, and outstanding invoices are still being processed, each recommended account has a balance that could be applied to the six-month extension of the Crisis Stabilization Units Program.
Staff recommends unspent funding be reappropriated from the following FY 2 023-2024 General Fund accounts into a fund for a six-month extension of the Crisis Stabilization Units:
City Council Budget
• Community Promotion/Economic Development Program $20,000 • Meetings and Conferences $10,000
City Manager Budget
• Meeting and Conferences $ 5,000
Total $35,000
Staff has also identified $37,000 in American Rescue Plan Act (ARPA) funding that can be reallocated from the Mobile Home and Apartment Utility Rebate Program without negatively impacting the program.
On August 18, 2022, the City Council approved $1,000,000 for the Utility Rate Rebate Program. This program was an eligible expenditure through ARPA to provide assistance directly to households impacted by the COVID-19 pandemic. For those residents who live in an apartment, manufactured home and/or do not receive a water bill each month directly because their bill is aggregated with other customers, a special program was created. Even though rebate applications continue to be submitted by these residents and COVID-19 utility rebates continue to be paid, staff is confident that adequate funding would still be available in the utility rebate program , even after a $37,000 reallocation to the extension of Crisis Stabilization Units.
This recommended appropriation also meets the ARPA Expenditure Objectives by funding a project as an eligible expenditure category under ARPA guidelines.
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The above reallocations totaling $72,000 are staff recommendations based on the City Council’s direction on July 2, 2024 to extend the program for six months while staff continues to explore other grant funding sources. The City Council, at its sole discretion, has the authority to redirect any existing City of Jurupa Valley resources for the purpose of continuing this program for six months. Staff remains hopeful that future grant funding will become available through the State and County for the purpose of continuing to fund these housing units.
FINANCIAL IMPACT
Staff is recommending the reallocation of already appropriated funding from both the General Fund and the ARPA fund for the extension of the Crisis Stabilization Units Program. More specifically, underspent Fiscal Year 2023-2024 funding of $35,000 from the recommended General Fund accounts and $37,000 from the American Rescue Plan Act Fund for a total of $72,000 to the Crisis Stabilization Units Program and authorize the Finance Director to make necessary budget adjustments.
ALTERNATIVES
1. Direct staff to reallocate funding from other sources to the Crisis Stabilization Program.
2. Provide alternative direction to staff.
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