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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, August 15, 2024
Closed 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 CLOSED SESSION ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will convene in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Jurupa Valley v. Juan Carmelo Nunez 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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Salazar, et al. (Riverside Superior Court Case No. RIC2002036); and 2) City of Jurupa Valley v. Juan Carmelo Nunez, et al. (Riverside Superior Court Case No.
CVRI2202444).
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City
Council will convene in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at the corner of 58 th Street and Etiwanda Avenue, Jurupa Valley CA (APN 161-180-033). The negotiating parties are the City of Jurupa Valley and the property owner, Rodeo Café Corporation . Negotiators for the City are Rod Butler, Michael Flad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will convene in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at 5930 Etiwanda Ave., Jurupa Valley CA. The negotiating parties are the City of Jurupa Valley and the property owner, New Hope Transport .
Negotiators for the City are Rod Butler, Michael Flad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED
4. 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
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. APPROVAL OF AGENDA
8. PRESENTATIONS
9. PUBLIC APPEARANCE/COMMENTS
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10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR GUILLERMO SILVA
1. UPDATE ON THE NORTHWEST MOSQUITO A ND VECTOR
CONTROL DISTRICT MEETING OF AUGUST 15, 2024
B. MAYOR PRO TEM BRIAN BERKSON
1. UPDATE ON THE NORTHW EST TRANSPORTATION N OW
COALITION MEETING OF AUGUST 8, 2024
2. UPDATE ON THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION MEETING OF AUGUST 14, 2024
3. UPDATE ON THE MOBILE SOURCE AIR POLLUTION
REDUCTION REVIEW COMMITTEE MEETING OF AUGUST 1 5,
2024
C. COUNCIL MEMBER CHRIS BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS EXECUTIVE COMMITTEE MEETING OF
AUGUST 5, 2024
2. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION & FINANCE
COMMITTEE MEETING OF AUGUST 14, 2024
12. CITY MANAGER’S UPDATE
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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13. APPROVAL OF MINUTES
A. AUGUST 1, 2024 REGULAR MEETING
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 ANIMAL FIELD AND SHELTER SERVICES
SECOND AMENDMENT BETWEEN THE CITY AND THE COUNTY OF
RIVERSIDE
1. Requested Action: That the City Council approve the Second Amendment for Animal Field and Shelter Services between the City of Jurupa Valley and the County of Riverside and authorize the City Manager to execute the Second Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.
2. Authorize a budget amendment increasing the adopted budget of $1,410,000 by $205,170 for a total of $1,615,170.
C. APPROVAL OF THE ANNUAL AGREEMENT WITH THE JURUPA
VALLEY CHAMBER OF COMMERCE
Requested Action: That the City Council approve the annual agreement between the City of Jurupa Valley and the Jurupa Valley Chamber of Comme rce for an amount not to exceed $20,000 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. APPROVAL OF THE FISCAL YEAR 2023-24 LOCAL RESPONSIBILITY
AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT
1. Requested Action: That the City Council adopt Resolution No. 2024 -83, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CAL IFORNIA, APPROVING AN
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION FOR SERVICES FROM
JULY 1, 2024 THROUGH JUNE 30, 2025 FOR FIRE PROTECTION
SERVICES WITHIN THE LOCAL RESPONSIBILITY AREAS
WITHIN THE CITY
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2. That the City Council authorize the City Manager to execute the Local Responsibility Area Wildland Protection Reimbursement Agreement with California Department of Forestry and Fire Protection.
E. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND WEBB
MUNICIPAL FINANCE FO R ON -CALL SPECIAL TA X CONSULTING
SERVICES
1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Webb Municipal Finance, LLC for On -Call Special Tax Consulting Services for an amount not to exceed $200,000.00 per fiscal year through the initial term of the Agreement.
2. 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.
F. AGREEMENT BETWEEN TH E CITY OF JURUPA VALLEY AND TKE ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE AVALON AND BELLTOWN AREA
IMPROVEMENTS PROJECT (CIP NO. 23113)
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND GEO -
ADVANTEC, INC. FOR MATERIAL TESTING SERVICES FOR THE
AVALON AND BELLTOWN AREA IMPROVEMENTS PROJECT (CIP
NO. 23113)
1. Requested Action: That the City Council approve the Agreement between the City of Ju rupa Valley and TKE Engineering, Inc. for Construction Management Services for a not to exceed amount of $154,621.00 for the Avalon Belltown Area Improvement Project (CIP No. 23113); and
2. Approve the Agreement between the City of Jurupa Valley and Geo - Advantec, Inc. for Material Testing Services for an amount not to exceed $19,045.00 for the Avalon Belltown Area Improvement Project (CIP No. 23113).
3. Authorize the City Manager to execute the Agreements in substantially the form and format attached to the staff report as approved by the City Attorney.
4. Authorize the Finance Director to make appropriate budget adjustments as needed.
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G. SECOND AMENDMENT T O THE AGREEMENT BETW EEN THE
CITY OF JURUPA VALLEY A ND EXP U.S. SERVICES , INC. FOR
ENGINEERING DESIGN S ERVICES FOR PACIFIC AVENUE
PEDESTRIAN AND BICYCLE IMPROVEMENTS, CIP 19106 & 23115
Requested Action: That the City Council approve the Second Amendment to the Agreement between the City of Jurupa Valley and EXP U.S. Services, Inc. for Engineering Design Services for Pacific Avenue Pedestrian and Bicycle Improvements for an additional $5 3,134 for a total not to exceed contract amount of $264,609 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.
H. APPROVAL OF RESOLUTI ON NO. 2024 -84, OR DERING THE
SUMMARY VACATION OF DRAINAGE EASEMENTS T O
ACCOMMODATE THE CONS TRUCTION OF THE GRAD E
SEPARATION CROSSING PROJECT ON JURUPA ROAD
Requested Action: That the City Council adopt Resolution No. 2024-84, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF
THE DRAINAGE EASEMEN TS TO ACCOMMODATE THE
CONSTRUCTION OF THE GRADE SEPARATION CROSSING PROJECT
ON JURUPA ROAD
I. AUTHORIZATION TO ACCEPT THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT FROM THE U.S. DEPARTMENT OF
ENERGY
Requested Action: That the City Council accept grant funds from the U.S.
Department of Energy’s Energy Efficiency and Conservation Block Grant (EECBG).
J. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND SVA
ARCHITECTS, INC. FOR ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES FOR THE CITY HALL UPGRADE AND THE NEW
CITY HALL CONSTRUCTION PROJECTS (CIP NO. 24108 AND NO.
24109)
1. That the City Council approve the Agreement between the City of Jurupa Valley and SVA Architects, Inc., in the amount of $1,331,895 for Architectural and Engineering Design Services for the City Hall Upgrade and the New City Hall Construction Projects (CIP No. 24108 & No. 24109).
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2. Authorize the City Manager to execute the Agreement in substantially th e form and format attached to the staff report as approved by the City Attorney.
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2024 -1 (THE DISTRICT - CITY) AND COMMUNITY FACILITIES DISTRICT NO. 2024-2 (THE DISTRICT - FACILITIES)
1. That the City Council conduct a public hearing and receive any public testimony; and
2. That the City Council adopt Resolution No. 2024-85, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2024-1 (THE DISTRICT - CITY) OF THE CITY OF
JURUPA VALLEY, AUTHORIZING THE LEVY OF SPECIAL
TAXES AND CALLING AN ELECTION THEREIN
3. That the City Council adopt Resolution No. 2024-86, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2024 -1 (THE
DISTRICT - CITY) OF THE CITY OF JURUPA VALLEY,
DETERMINING THE NECESSITY TO INCUR BONDED
INDEBTEDNESS WITHIN SAID COMMUNITY FACILITIES
DISTRICT AND CALLING AN ELECTION THEREIN
4. That the City Council adopt Resolution No. 2024-87, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACTI NG IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2024-1 (THE DISTRICT - CITY) OF THE CITY OF JURUPA
VALLEY CERTIFYING THE RESULTS OF THE AUGUST 15, 2024
SPECIAL TAX AND BOND ELECTION
5. That the City Council conduct a first reading and introduce Ordinance No. 2024-17, entitled:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2024-1 (THE DISTRICT - CITY) OF THE CITY OF JURUPA
VALLEY AUTHORIZING THE LEVY OF SPECIAL TAXES
WITHIN THE DISTRICT
6. That the City Council adopt Resolution No. 2024-88, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2024 -2 (THE DISTRICT - FACILITIES) OF THE
CITY OF JURUPA VALLEY, AUTHORIZING THE LEVY OF
SPECIAL TAXES AND CALLING AN ELECTION THEREIN
7. That the City Council adopt Resolution No. 2024-89, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE
DISTRICT - FACILITIES) OF THE CITY OF JURUPA VALLEY,
DETERMINING THE NECESSITY TO INCUR BONDED
INDEBTEDNESS WITHIN SAID COMMUNITY FACILITIES
DISTRICT AND CALLING AN ELECTION THEREIN
8. That the City Council adopt Resolution No. 2024-90, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2024 -2 (THE DISTRICT - FACILITIES) OF THE CITY OF
JURUPA VALLEY CERTIFYING THE RESULTS OF THE
AUGUST 15, 2024 SPECIAL TAX AND BOND ELECTION
9. That the City Council conduct a first reading and introduce Ordinance No. 2024-18, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2024 -2 (THE DISTRICT - FACILITIES) OF THE CITY OF
JURUPA VALLEY AUTHORIZING THE LEVY OF SPECIAL
TAXES WITHIN THE DISTRICT
10. That the City Council authorize the City Manager to execute the CFD Documents on behalf of the City and take such further actions as necessary
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to complete the formation process with respect to each of the Community Facilities Districts.
B. PUBLIC HEARING TO CO NSIDER A RESOLUTION AUTHORIZING
EXECUTION AND DELIVERY OF A JOINT COMMUNITY FACILITIES
AGREEMENT IN CONNECT ION WITH THE BOND OP PORTUNITIES
FOR LAND DEVELOPMENT (BOLD) PROGRAM FOR DEVELOPMENT
IMPACT FEES FOR TRAC T NOS. 38171 AND 378 57; AND MAKING A
FINDING OF SIGNIFICA NT BENEFITS FOR THE FINANCING OF
CERTAIN IMPROVEMEN TS BY A COMMUNITY FA CILITIES
DISTRICT TO BE FORME D BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY
1. Requested Action: That the City Council conduct a public hearing regarding the financing of public improvements to be owned by the City of Jurupa Valley or the Jurupa Area Recreation and Park District in connection with the Countryside & Las Palmas development through the formation of a community facilities district and the issuance of bonds by the California Municipal Finance Authority (the “CMFA”); and
2. That the City Council adopt Resolution No. 2024-91, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, AUTHORIZING EXECUTION
AND DELIVERY OF A JOINT COMMUNITY FACILITIES
AGREEMENT IN CONNECTION WITH THE BOND
OPPORTUNITIES FO R LAND DEVELOPMENT (BOLD)
PROGRAM FOR DEVELOPMENT IMPACT FEES FOR TRACT
NOS. 38171 AND 37857; AND MAKING A FINDING OF
SIGNIFICANT BENEFITS FOR THE FINANCING OF CERTAIN
IMPROVEMENTS BY A COMMUNITY FACILITIES DISTRICT
TO BE FORMED BY THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY
C. PUBLIC HEARING TO CON SIDER MASTER APPLICA TION (MA) NO.16045 (GPA16001, SP16001, DA16001, & TTM 37074 AND TTM 38 639) PROJECT: CERTIFYING AN ENVIRONMENTAL IMP ACT REPORT,
MAKING FINDINGS, ADO PTING A STATEMENT OF OVERRIDING
CONSIDERATIONS AND A DOPTING A MITIGA TION MONITORING
AND REPORTING PROGRA M FOR “RIO VISTA SPE CIFIC PLAN”
THAT WOULD PERMIT DE VELOPMENT OF UP TO 1 ,697 NEW
RESIDENTIAL UNITS; 1 ,269,774 SQUARE FEET OF LIGHT
INDUSTRIAL LAND USE, 1,428,768 SQUARE FEET OF BUSINESS PARK LAND USE; 510.8 ACRE S OF NATURAL OPEN SPACE; 14.3 ACRES OF PARK AND RECREATIONAL AMENITIES AND 13.4 PUBLIC SCHOOL SITE; PROJECT LOCATI ON: GENERALLY LOCATE D NORTH OF
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STATE ROUTE (SR) 60, SOUTH OF CITY’S NOR THERN BOUNDARY
LINE, AND BETWEEN AR MSTRONG ROAD AND RUB IDOUX
BOULEVARD (APNS: 17 5-160-001, 177-030-014, 177-040-002, 177-040-008, 175-080-101, 175 -090-001, 171 -090-003, 1 75-090-004, 177 -060-012, 175 -160- 007, 175 -160-005, 17 5-100-005, 175 -100-006, 175 -150-002, 175 -100-003); (APPLICANT: RICHLAND PLANNED COMMUNITIES, INC.)
Requested Action: That the City Council continue the public hearing to September 5, 2024.
17. COUNCIL BUSINESS
A. ORDINANCE PROHIBITING CAMPING ON PUBLIC PROPERTY
AND ENFORCEMENT OF PROHIBITION OF CAMPING AND
STORAGE
Requested Action: That the City Council conduct a first reading and introduce Ordinance No. 2024-19, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , AMENDING SECTIONS 11.75.010, 11.75.020,
11.75.070 AND 11.80.120 OF THE JURUPA VALLEY MUNICIPAL
CODE AND ADDING SECTIONS 11.75. 025 AND 11.80.130 TO THE
JURUPA VALLEY MUNICIPAL CODE PROHIBITING ANY PERSON
TO CAMP, ESTABLISH, MAINTAIN, OPERATE OR OCCUPY A
CAMP OR CAMPING FACILITIES, OR USE CAMP
PARAPHERNALIA WITH CERTAIN LIMITED EXCEPTIONS AND
ENFORCEMENT OF VIOLATIONS OF CHAPTER 11 .75 AND
CHAPTER 11.80; FINDING THAT THIS ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15060 OF THE CEQA GUIDELINES
18. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
19. CITY ATTORNEY’S REPORT
20. COUNCIL MEMBER REPORTS AND COMMENTS
21. ADJOURNMENT
Adjourn to the Regular Meeting of September 5, 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.
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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.
AGENDA ITEM NO. 13.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
August 1, 2024
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
Mayor Guillermo Silva called the study session to order at 6:00 p.m.
2. STUDY SESSION
A. REVIEW OF CITY MOBILE FOOD VENDING
Irwin Salas, Code Enforcement Supervisor, provided an informational presentation on the City’s mobile vending regulations.
Jesus Garcia voiced concern that many of the current food vendors are operating illegally and taking away business from legitimate businesses who are required to obtain proper licensing. He indicated that on the weekends, many local restaurants see little to no business.
Following the study session, the City Council provided inpu t and directed that the matter be brought back for further discussion.
Mayor Silva adjourned the study session at 6:45 p.m.
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 7:04 p.m.
4. INVOCATION was given by Todd Dannelley, Calvary Chapel, Jurupa Valley.
RETURN TO AGENDA
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5. PLEDGE OF ALLEGIANCE was led by Dianne Guevara.
6. APPROVAL OF AGENDA
A motion was made by Council Member Chris Barajas, seconded by Mayor Pro Tem Brian Berkson, 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”
“Maxi”, a 4-year old female pit bull, who has been at the shelter since June 3, 2024, was introduced to the Council. Anyone interested in giving Maxi a home is encouraged to contact the City’s Animal Control Services Department at https://www.rcdas.org.
B. INTRODUCTION OF POLICE CAPTAIN JUSTIN ROWAN
Mayor Guillermo Silva introduced Captain Justin Rowan who will serve as Jurupa Valley’s newest police captain. Captain Rowan provided a brief history of his service through the ranks of the Riverside County Sheriff’s Office.
C. PROCLAMATION COMMEMORATING NATIONAL NIGHT OUT
Mayor Silva presented a proclamation celebrating National Night Out to Lieutenant John Shulda. The proclamation celebrates National Night Out as an annual public safety campaign that promotes police -community partnerships and friendly neighborhoods.
8. PUBLIC APPEARANCE/COMMENTS
David Daneshmayeh voiced a concern that the vacant lot next to City Hall is full of trash, overgrown weeds, and is a fire hazard. He stated that the customer experience at the City Hall front counter is inefficient and antiquated and should be automated with a self -serve kiosk.
Mirna Torres referred to the previous speaker , noting that a local non -profit suffered an unfortunate and costly experience when he was hired to do inspection work for them. She cautioned city residents to be aware of this situation.
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Tim Harrod voiced concern regarding several code enforcement violations at his property, which were caused by local homeless individuals.
Mayor Guillermo Silva referred Mr. Harrod to City staff.
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Leslie Altamirano thanked all those who helped support last Saturday’s “Christmas in July” event at Vernola Park, especially the Jurupa Valley Adopt-A-Family Mayor Guillermo Silva, and the Jurupa District Lions . T he event brought out many families and it was nice to see the community come together in a positive way.
Mayor Pro Tem Brian Berkson gave an update on the new Shops at Jurupa and announced the grand openings of Chipotle Mexican Grill, Starbucks, and Ono Hawaiian BBQ.
Council Member Armando Carmona thanked the Latinas in the community who are taking leadership roles and actively participating in advocacy groups such as “Latina Empowerment Day.”
Mayor Guillermo Silv a announced a District 2 Town Hall meeting will be held on Thursday, August 8 at 6:00 pm at Jurupa Valley High School. He encouraged residents to stop by to ask questions and get updates on various community programs.
10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR GUILLERMO SILVA
1. Mayor Guillermo Silva gave an update on the Interagency Coordinating Council meeting of July 26, 2024.
B. MAYOR PRO TEM BRIAN BERKSON
1. Mayor Pro Tem Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority Board of Directors meeting of July 26, 2024.
C. COUNCIL MEMBER CHRIS BARAJAS
1. Council Member Chris Barajas gave an update on the Western Riverside Council of Governments – I-REN Executive Committee meeting of July 16, 2024.
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11. CITY MANAGER’S UPDATE
Michael Flad, Assistant City Manager, provided a brief update to the City Council . He thanked Monique Claude and Jaclynn Torres for their efforts in coordinating this year’s National Night Out community event. He acknowledged Colby Diuguid, General Manager of the Jurupa Area Recreation and Park District for providing access to their facilities.
12. APPROVAL OF MINUTES
A. JULY 18, 2024 REGULAR MEETING
A motion was made by Council Member Chris Barajas, seconded by Mayor Pro Tem Brian Berkson, to approve the Minutes of the regular meeting of July 18, 2024.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
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 age nda. 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 FINDIN G OF
EXEMPTION PURSUANT T O THE CALIFORNIA ENV IRONMENTAL
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 IMPROVEMENTS
OF THE 28 TH STREET AND THE 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 betwee n the City 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.
-6-
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
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
-7-
J. APPROVAL OF SIXTH AMENDMENT TO AGREEMENT WITH
FIRSTCARBON SOLUTI ONS 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.
A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson, to approve the Consent Calendar.
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None
Absent: None
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
Staff Report presented by Jesus Huerta, Associate Planner. Mr. Huerta outlined the historical background of the property, noting that in March 2021, Code Enforcement received an anonymous complaint. In October 2021, the applicant submitted a CUP application to legalize a lumber yard. In July 2023, the Planning Commission approved the CUP and imposed special conditions, which included the demolition of existing structures and compliance with the City’s noise ordinance. Mr. Huerta advised that City Council may approve up to two (2) one - year (1) year extensions of time. One (1) more extension of time would be allowed if this EOT is approved.
Further discussion followed.
Mayor Guillermo Silva opened the public hearing.
-8-
Lauro Grona (applicant) stated that he is requesting the EOT as his busin ess is currently struggling in today’s economy. He promised to work with City staff to meet all of the CUP requirements in a timely manner.
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 Armando Carmona, to adopt Resolution No. 2024-82, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY TO APPROVE 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
Ayes: L. Altamirano, B. Berkson, A. Carmona, G. Silva
Noes: C. Barajas
Absent: None
16. COUNCIL BUSINESS
A. FUNDING DISCUSSION REGARDING THE CONCLUSION OF THE
GRANT FUNDED CRISIS STABILIZATION UNITS PROGRAM
Staff Report presented by Michael Flad, Assistant City Manager. Mr. Flad reported that since June 2020, the City Council has provided grant funding to Path of Life to provide Crisis Stabilization Units or transitional apartments for those who are experiencing homelessness. Following Council’s direction, this item is being brought back with a recommendation for additional funding for a 6 -month extension for the Crisis Stabilization Units.
Further discussion followed.
A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Brian Berkson , to approve the additional funding for a 6 - month extension for the Crisis Stabilization Units.
Ayes: L. Altamirano, B. Berkson, G. Silva
Noes: C. Barajas, A. Carmona
Absent: None
-9-
17. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
There were no requests for future Agenda items.
18. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
19. COUNCIL MEMBER REPORTS AND COMMENTS
There were no additional Council comments.
20. ADJOURNMENT
There being no further business before the City Council, Mayor Guillermo Silva adjourned the meeting at 8:32 p.m. to August 15, 2024 at 7:00 pm.
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
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120
STAFF REPORT
DATE: AUGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 14.B
CO
NSIDERATION OF ANIMAL FIELD AND SHELTER SERVICES
SECOND AMENDMENT BETWEEN THE CITY AND THE COUNTY OF
RIVERSIDE
RECOMMENDATION
1) That the City Council approve the Second Amendment for Animal Field and Shelter Services between the City of Jurupa Valley and the County of Riverside and authorize the City Manager to execute the Second Amendment in substantially the form and format attached and as approved by the City Attorney. 2) A
uthorize a budget amendment increasing the adopted budget of $1,410,000 by $205,170 for a total of $1,615,170.
B
ACKGROUND
Since June 20, 2017, the County of Riverside (“County”) has provided Animal Field and Shelter Services and an integrated canine licensing program. The City has maintained this agreement for animal control services and the current Agreement is set to expire June 30, 2024. Services continue to be provided by the County on a month-to-month basis until the Second Amendment is approved by both the City and County.
AN
ALYSIS
The proposed Second Amendment for Animal Field and Shelter Services continues to provide for animal field and shelter services through June 30, 2025. The animal field services are detailed in Exhibit A to the proposed Agreement, and the animal shelter services are detailed in Exhibit B to the proposed Agreement.
Animal field and Sheltering Services Rates in the 2024 Agreement include:
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Page | 2
A. Animal Field and Sheltering Services Rates*
Service Quantity Cost Annually Monthly
Animal Control
Officer (two full
time)
4,160 $286,790.40 ea. $573,580.80 $47,798.40
Estimated
Overtime*
778.90 $178.66/hour $139,158.27 $11,596.52
Animal Sheltering** 20,684 $35.81/day $740,694.04 $61,724.50 Large Animal-Donkey,
Sheep**
251 $12.60/day $3,162.60 $263.55
Wildlife Impounds** 37 $144.90/per $5,361.30 $446.78
Deceased Animal
Pick-Up and
Disposal**
748 $73.50/per $54,978.00 $4,581.50
O&M** 3,481 $13.16/impound $45,809.96 $3,817.50
Licensing
Processing***
4,398 $11.92 per
license
$52,424.16 $4,368.68
Total Estimated
Cost**
$1,615,169.13/FY $134,597.43/month
* Overtime/stand-by field services $178.66 per hour (minimum of two (2) hours per call, with a two (2) hour charge per each call).
** Cost will fluctuate based on actual overtime, wildlife calls and deceased animal pickups. Optional Services are not included in the total. **Rates are subject to change as adopted by the Board of Supervisors, as specified in Section III of this Agreement.
***License processing cost may vary based on number of licenses sold. COUNTY shall retain $11.92 for each license sold, and remaining balance of license will be credited back to the CITY on a monthly basis.
Page | 3
Sheltering:
Animal Sheltering costs at the Western Riverside County/City Valley Animal Campus is $35.81 per kenneling day, and it would be billed based on actual usage. COUNTY shall provide the CITY with a monthly invoice that includes actual impound statistics.
The invoice will detail the number of animals impounded and the total number of kenneling days, plus all other applicable fees.
Operational and Maintenance (O&M):
O&M is charged at $13.16 per stray dog or cat impound.
Livestock and Other Impound Fees:
Large Animal Sheltering @ $21/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on actual use)
Large Animal Sheltering @ $12.60/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use)
Wildlife impound fee: $144.90 per impound Deceased animal pickup fee: $73.50 per animal.
B. Collection of License Fees
The City authorizes County to issue and collect the fees for canine licenses and retain eleven dollars and ninety-two cents ($11.92) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses sha ll be accounted for by the County on a m onthly basis and the County will credit to City the net amount of license fees collected for each month. The net amount of license fees will mean the total amount of license fees collected in a month less the sum total of $1 1.92 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the City.
FINANCIAL IMPACT
The contract cost for animal control services for FY 2024-25 is approximately $1,615,169.13. The adopted budget was $1,410,000, therefore, a budget amendment increase of $205,170 is requested. The increase is due to higher number of animals sheltered from approximately 3,221 animals to 4,160 annually.
ALTERNATIVES
1. Elect not to approve the proposed Second Amendment for Animal Field and Shelter Services and provide staff with input regarding appropriate revisions to be incorporated into the proposed Agreement for the County’s and the Council’s consideration.
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S
TAFF REPORT
D
ATE: A UGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 14.C
AP
PROVAL OF THE ANNUAL AGREEMENT WITH THE JURUPA
VALLEY CHAMBER OF COMMERCE
RE
COMMENDATION
1) That the City Council approve the annual agreement between the City of Jurupa Valley and the Jurupa Valley Chamber of Commerce for an amount not to exceed $20 ,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
In the interest of improving economic development and supporting business in the City of Jurupa Valley, the City Council has allocated funding as part of the annual budget to the Jurupa Valley Chamber of Commerc e. T he City and the Jurupa Valley Chamber of Commerce have collaborated on economic development activities to the benefit of local businesses and the City through goals included in the Chamber’s annual contract with the City.
Each year, with the funds provided by the City, the Chamber provides business outreach, hosts social events for the businesses; cross promotes City events, coordinates grand openings, provides marketing materials and hosts two important City events – The Mayor’s Prayer Breakfast and the State of the City.
In 2023-2024 with the ongoing efforts of the Chamber of Commerce to grow their services and recruit new members there were 42 new members added bringing the total to 153 members. They continue to have monthly networking meetings as well as several additional networking and workshop meetings throughout the year.
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Page | 2
ANALYSIS
The City Council included funding for the Jurupa Valley Chamber of Commerce in the FY 2024/25 budget adopted on June 6, 2024 in order to continue supporting the Chamber and the Jurupa Valley business community. The Funds provided to the Chamber shall be used as detailed in the Agreement for the following purposes:
A. Chamber shall use the funds for the promotion and enhancement of the business community of Jurupa Valley and for no other purposes. Chamber shall promote and enhance the business community of Jurupa Valley, and the residential community it serves, and to assist our members in a safe and successful execution of operations; both in the immediate needs of today, and the long-term needs of the future including the following activities:
1) Continue all activities related to membership development and educational activities for local businesses including seminars and webinars. 2) Continue all activities related to business development opportunities within the City of Jurupa Valley including business outreach, retention and recruitment, inclusive of business related events, social media, newsletters, direct meetings with potential businesses, host social events for the businesses; cross promote City events, coordinate grand openings, provide marketing materials and host two important City events – The Mayor’s Prayer Breakfast and the State of the City.
3) Funds shall not be used to support or oppose any candidates for elected or appointive office or to support or oppose any ballot measure on local or state ballots.
FINANCIAL IMPACT
The City Council approved $20,000 for the Chamber of Commerce as part of the FY 24/25 budget.
ALTERNATIVES
1. Do not approve the amendment to the annual agreement.
2. Discuss and provide direction to staff on an alternative courses of action.
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120
S
TAFF REPORT
DATE: AUGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 14.D
APPROVAL OF THE FISCAL YEAR 2023- 24 LOCAL
RESPONSIBILITY AREA WILDLAND PROTECTION
REIMBURSEMENT AGREEMENT
RE
COMMENDATION
1) That the City Council adopt Resolution No. 2024-83, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING AN AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
FOR SERVICES FROM JULY 1, 20 24 THROUGH JUNE 30, 202 5 FOR
FIRE PROTECTION SERVICES WITHIN THE LOCAL RESPONSIBILITY
AREAS WITHIN THE CITY
2) That the City Council authorize the City Manager to execute the Local Responsibility Area Wildland Protection R eimbursement A greement wit h C
alifornia Department of Forestry and Fire Protection.
B
ACKGROUND
The City currently contracts with the California Department of Forestry and Fire Protection (CALFIRE) for fire protection of designated wildland area that is within the boundaries of the City. The continuation of coverage requires City Council adoption of a resolution and appropriation of funding on an annual basis. Wildland areas that are within incorporated cities, fire protection districts, and special districts with fire suppression responsibility are referred to as Local Responsibility Areas (LRA). All fire suppression activities within LRA wildland areas are the responsibility of the local agency.
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Page | 2
Following the May 24, 2021 fire, CALFIRE staff began a detailed assessment of the entire City of Jurupa Valley wildland area included in the Wildland Protection Agreement and areas of risk that were not part of the May 6, 2021 Agreement. An increase of 806 acres of protected area, for a new total of 7,049 acres, was recommended and included in the revised Agreement.
ANALYSIS
Wildland fires within the City are frequent. Wildland fires are considered one of the highest natural disaster risks the City faces. Because the City is located in an extremely dry and wind prone area, it is not uncommon for fires to grow beyond the capacity of resources assigned to protect the City. When a wildland fire grows in size beyond th e ability and capability of local resources, assistance is requested from CALFIRE to provide wildland engine companies, inmate hand crews, bulldozers and aircraft. Without an agreement for protection of wildlands within an LRA between the City and the State of California, these additional resources are considered “assistance-by-hire” and the City is liable for the cost from the time of dispatch.
Within the City there are 7,049 acres designated as wildlands subject to the LRA designation. This 7,049 acre area includes the Pedley Hills, Rattlesnake Mountain and portions of Indian Hills, the Santa Ana Riverbed and the southern border of the City between Van Buren and the I -15 Freeway, just north of the City of Riverside boundary. In an effort to reduce the City's liability for the cost of wildland fire suppression in the LRA, the C ity has annually renewed a Local Responsibility Area Wildland Fire Protection Agreement (Agreement) with CALFIRE. This Agreement will provide state resources to control a wildland fire at no additional cost to the city.
CALFIRE will provide fire protection to the LRA as if they were still the sole agency with fire suppression responsibility. This Agreement will provide unlimited use of state engine companies, inmate hand crews, bulldozers and aircraft to supplement the daily level of fire protection provided to the City by the County of Riverside.
CONCLUSION
Staff recommends adoption of Resolution No. 2024-83 and authorization for the City Manager to execute the Agreement. The attached Agreement is for one year, July 1, 2024 - June 30, 2025.
FINANCIAL IMPACT
The cost to enter into the Agreement with CALFIRE is $42.52 per acre plus a 12.01% administrative charge. The total annual cost for the 7,049 acres being covered is $336,464.14 and has been included in the Fiscal Year 2024-25 budget.
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ALTERNATIVES
1. The recommended action: Adopt Resolution No. 2024-82, approving an agreement with the California Department of Forestry and Fire Protection (CALFIRE) for services from July 1, 2024 through June 30, 202 5 for fire protection services within the local responsibility areas within the City. And, that the City Council authorize the City Manager to execute the Local Responsibility Area Wildland Protection Reimbursement Agreement with CALFIRE.
2. Decide not to enter into the Agreement which will result in the City being responsible for the full cost of response by CALFIRE to any wildland fires within the LRA of the City.
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120
S
TAFF REPORT
DATE: AUGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 14.E
A
GREEMENT BETWEEN TH E CITY OF JURUPA VAL LEY AND
WEBB MUNICIPAL FINANCE FOR ON- CALL SPECI AL TAX
CONSULTING SERVICES
RE
COMMENDATION
1) T
hat the City Council approve the Agreement between the City of Jurupa Valley and Webb Municipal Finance, LLC for On-Call Special Tax Consulting Services for an amount not to exceed $200,000.00 per fiscal year through the initial term of the Agreement.
2)
Authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney. 3) A
uthorize the Finance Director to make any necessary budget adjustments.
B
ACKGROUND
U
nder California law, Community Facilities Districts (CFD’s), sometimes referred to as “Mello-Roos Districts” are a financing mechanism often used to pay for the costs of new infrastructure, public facilities, public services and maintenance costs. All new developments in Jurupa Valley are currently required to annex into existing CFD’s or form new ones, which are then administered by the City. Once established, the City levies and collects special taxes from the property owners to provide maintenance within these services areas. Maintenance includes the upkeep of streets, landscape, ground cover, drainage systems, sidewalks, and other necessary services.
I
n December 2022, the City advertised a request for proposals for special tax consulting services. In March 2023, an agreement was awarded to Harris & Associates, Inc. (“Harris”). Since then, Harris has been administering the City’s special tax districts. With
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Page | 2
the significant influx of development, an additional firm to provide the special tax consulting services has become necessary.
ANALYSIS
Webb Municipal Finance, LLC. (“Webb”) is a registered Municipal Advisory Firm, with a team that has been providing Special Tax Consulting and Assessment Engineering Services for more than 20 years. Webb provides special tax consulting services to surrounding agencies within Riverside County including the Cities of Riverside, Norco, Temecula, and Moreno Valley.
Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as services provided by any specially trained and experienced person or firm in areas such as accounting, engineering, finance, and planning. Agreements for professional services are awarded by the City Council on the basis of the demonstrated competence, qualifications, and on the fairness and reasonableness of the cost of services to the City, and shall not be awarded solely on the basis of cost.
With the addition of Webb’s expertise, the City can ensure that new developments are contributing their fair share of service costs. If the proposed agreement is approved, Webb will work with the City on an on -call basis as needed. Webb’s tasks will include assisting with the formation and annexation process as well as analyzing the special tax rate methodology.
FINANCIAL IMPACT
The proposed agreement is not to exceed $200,000.00 per fiscal year through the initial term of the agreement. If approved, the agreement will be funded through developer deposit accounts and various CFDs, using annual property tax apportionments received for special tax assessments. There is no impact to the General Fund.
ALTERNATIVES
1. Decline to approve the Agreement between the City and Webb Municipal Finance, LLC.
2. Provide alternate direction to staff.
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120
S
TAFF REPORT
DATE: A UGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 14.F
A
GREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND TKE
ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE AVALON AND BELLTOWN AREA
IMPROVEMENTS PROJECT (CIP #23113)
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND
GEO-ADVANTEC, INC. FOR MATERIAL TESTING SERVICES FOR
THE AVALON AND BELLTOWN AREA IMPROVEMENTS PROJECT
(CIP #23113)
RECOMMENDATION
1. That the City Council approve the Agreement between the City of Jurupa Valley and TKE Engineering, Inc. for Construction Management Services for a not -to exceed amount of $154,621.00 for the Avalon Belltown Area Improvement Project (CIP #23113); and
2. A
pprove the Agreement between the City of Jurupa Valley and Geo-Advantec, Inc. for Material Testing Services for an amount not-to-exceed $19,045.00 for the Avalon Belltown Area Improvement Project (CIP #23113).
3. A
uthorize the City Manager to execute the Agreements in substantially the form and format attached and as approved by the City Attorney.
4. A
uthorize the Finance Director to make appropriate budget adjustments as needed.
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Page | 2
BACKGROUND
On June 27, 2024, the City Council approved the five-year Capital Improvement Program (CIP), which includes 60 projects throughout the City of Jurupa Valley. The proposed capital budget for Fiscal Year 2024- 2025 consists of 34 projects totaling approximately $67.9 million. These projects are scheduled to begin design, construction, and/or be completed within the fiscal year. The Public Works Department (the “Department”) is responsible for managing and delivering CIP projects. Often, the projects are in progress simultaneously and the department requires supplemental staff for timely completion and appropriate oversight . The Department often outsources various duties such as construction and project management, traffic, material testing services, and design services.
On June 27, 2024, the City Council awarded a construction contract for the Avalon and Belltown Area Improvements Project (the “Project”). The Project entails construction of missing curb, gutter, and sidewalk gaps. The Project will also pave the following streets:
26 th St, Newton St, Lotus St, 29th St, Kenwood Place, Paloma Road, Bell Avenue, Canal St, 28 th St, Taos Dr, Bella Dr, Maria Dr, Hall Ave nue, 26 th St, and El Rio Ave nue to enhance pedestrian safety. With multiple public works projects under construction , supplemental staffing is required to manage the Project.
ANALYSIS
Given the time constraints, t he City initiated conversations with TKE Engineering, Inc. (“TKE”) to provide construction management services due to their familiarity with the City and their performance on current CIP projects such as Old Mira Loma Phase 2, Van Buren Phase 3, the Citywide Guardrail Project, and the City Pavement Rehabilitation (ARPA). TKE submitted a proposal which is very cost-efficient, allowing the consultant to split their staff across multiple projects.
TKE is a California based firm with 24 years of experience and is a full-service engineering firm with over 50 employees. They are well -established, providing technical expertise in development review, construction management, design, and other engineering duties.
TKE is providing the city on an on- call basis as the firm was selected as the top-ranked firm from 13 proposals for on- call services, which was approved by the City Council on July 21, 2022. TKE continues to meet the City’s and Department’s expectations in all areas, and their historical knowledge and expertise makes them a suitable choice for construction management of the Project.
Anticipating the Department’s needs for material testing for the Project , Staff also requested a proposal from Geo-Advantec, Inc. (“Geo-Advantec”). Geo-Advantec is a well- regarded firm with extensive experience in material testing for municipal projects. The firm recently provided materials testing for the City’s Mission Boulevard and Limonite Improvements project and the proposal submitted by the firm was just and reasonable.
Page | 3
Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as those provided by specially trained and experienced firms in fields such as accounting, engineering, finance, and planning. The City Council awards these services based on demonstrated competence, qualifications, and the fairness and reasonableness of service costs to the City, not solely on cost.
FINANCIAL IMPACT
The Agreement with TKE Engineering, Inc. has a not-to-exceed amount of $154,621.00.
The Agreement with Geo- Advantec, Inc. has a not -to-exceed amount of $19,045.00. If approved, the services provided pursuant to these agreements will be funded by the Community Benefit Funds (Fund #101.1010.71418 and Fund #101.1010.71419). The budgeted funds are sufficient to cover the cost of the project and the necessary support services.
ALTERNATIVES
1) Do not approve the Agreement between the City and TKE 2) Do not approve the Agreement between the City and Geo-Advantec 3) Provide alternative direction to staff
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120
S
TAFF REPORT
DATE: AUGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 14.G
S
ECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF JURUPA VALLEY AND EXP U.S. SERVICES, INC. FOR
ENGINEERING DESIGN SERVICES FOR PACIFIC AVENUE
PEDESTRIAN AND BICYCLE IMPROVEMENTS, CIP 19106 & 23115
RE
COMMENDATION
1) T
hat the City Council approve the Second Amendment to the Agreement between the City of Jurupa Valley and EXP U.S. Services, Inc. for Engineering Design Services for Pacific Avenue Pedestrian and Bicycle Improvements for an additional $ 53,134 for a total not to exceed contract amount of $264,609 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
B
ACKGROUND
A
t its regular meeting on June 17, 2021, the City Council approved the Fiscal Year 2021/22 through 2025/26 Capital Improvement Program (“CIP”). The approved CIP included Pacific Avenue pedestrian and bicycle improvements, CIP #19106, from 42 nd
Street to Mission Boulevard. The Project includes installation of curb, gutter, sidewalk, street resurfacing and bicycle striping along Pacific Avenue between Mission Boulevard and 42nd St.
On J
uly 21, 2022, the City Council approved an Agreement with EXP U.S. Services, Inc. (“EXP”) to perform the engineering design services for the Pacific Avenue pedestrian and bicycle improvements project. The scope of work includes design for the Project from Mission Blvd to 42 nd St. Staff also included design services from 42 nd St to Limonite (phase 2) to complete the Pacific Ave corridor when construction funding is available.
Since then, the City has successfully obtained grant funds to complete the second phase (42nd to Limonite). The design for phase 2 of the project included the widening of the road
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to tie into the bike lanes in phase 1 and extend them to Limonite. This will allow for a full continuation of bike lanes from Limonite to Sierra Ave. to the north.
On March 21, 2024, the City Council approved the first amendment to EXPs contact for phase 1 of the project. As a part of that amendment , EXP completed the design and construction documents for phase 1.
ANALYSIS
The approved agreement on July 21, 2022 for EXP calls for a not to exceed amount of $171,835. The original scope included design services for the installation of curb, gutter, sidewalk and street resurfacing.
A contract as approved amendment on March 21, 2024 increas ing the original contract by $39,640, for a total not to exceed amount of $211,475 . The level of effort for design services for the first phase exceeded the original estimate due to complexity of the design of new sidewalks, coordination with utilities and private property fencing. Additionally, design changes were requested by staff to preserve existing trees while widening the roadway width to allow safety improvements to be installed.
During second phase design it was discovered that the drainage study needed to be updated to analyze larger storm events which results in increased c apacities of catch basins furthermore leading to additional design changes. Current conditions allow water to pond at the Sunnyslope channel crossing and spill over in various locati ons and a portion of that flow is conveyed to the channel directly through an existing storm drain connection. As a result of the new improvements in phase 1 & 2 it was discovered that the existing connection to Sunnyslope channel will need to be upsized which will result in additional coordination with Riverside County Flood Control. Therefore, a second amendment to the contract in the amount of $53,134 is being requested. Upon approval EXP will coordinate with RCFC through their encroachment permit proces s for their clearance and provide staff with the completed phase 2 design package. The design of phase 2 is anticipated to be completed in November 2024, with construction completion in Summer of 2025.
FINANCIAL IMPACT
If the proposed second amendment is approved, EXPs contract will be increased by $53,134, bringing the new not to exceed contract to $264,609. Funding for the budgeted amendment is available in the Pacific Ave. CIP19106 project and will be funded through the Measure A program.
ALTERNATIVES
1. Do not approve the Second Amendment between the City and EXP
2. Provide alternative direction to staff.
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120
S
TAFF REPORT
DATE: AUGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 14.H
AP
PROVAL OF RESOLUTION NO. 2024- 84, ORDERING THE
SUMMARY VACATION OF DRAINAGE EASEMENTS T O
ACCOMMODATE THE CONSTRUCTION OF THE GRADE
SEPARATION CROSSING PROJECT ON JURUPA ROAD
RE
COMMENDATION
1) T
hat the City Council adopt Resolution No. 2024-84, entitled:
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF THE
DRAINAGE EASEMENTS TO ACCOMMODATE THE CONSTRUCTION OF
THE GRADE SEPARATION CROSSING PROJECT ON JURUPA ROAD IN
THE CITY OF JURUPA VALLEY
B
ACKGROUND
I
n 2018, the City Council approved the Jurupa Road/railroad grade separation project (“Grade Separation”). In 2020, the County of Riverside (“County”), in cooperation with the City, began construction on the Grade Separation. The Grade Separation will construct a four-lane underpass on Jurupa Road under Van Buren Boulevard and the Union Pacific Railroad Company (“UPRR”) bridge. The underpass is being constructed to alleviate traffic congestion by separating train traffic from vehicles, pedestrians, and cyclists. The Grade Separation project is expected to be completed in 2025.
T
he offer of drainage easements dedication was made on July 2, 1988, as Instrument No. 154266 and due to the construction of the Jurupa Road Grade separation project, the railroad requires additional land to accommodate the railroad clearance, therefore the easements are required to be vacated.
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ANALYSIS
The drainage easement vacation will enable the City to clear the additional right of way and be able to facilitate the construction/realign the railroad as part of the Jurupa Road grade separation project.
As per CEQA guideline, the summary easement vacation will not cause any direct physical environmental impacts, therefore it is exempt pursuant to Categorical Exemptions 15300 and 15061(b)(3).
FINANCIAL IMPACT
There is no fiscal impact on the summary easement vacation.
ALTERNATIVES
1. Decline to adopt R esolution No. 2024- 84, ordering the summary easement vacation.
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120
S
TAFF REPORT
DATE: A UGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 14.I
A
UTHORIZATION TO ACCEPT THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT FROM THE U.S. DEPARTMENT
OF ENERGY
RECOMMENDATION
1) T
hat the City Council accept grant funds from the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant (EECBG).
B
ACKGROUND
T
he Federal EECBG Program is designed to assist states, local governments, and Tribes in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency. The EECBG Program is administered by the Office of State and Community Energy Programs and will award $550,000,000 in total grant funding nationwide.
O
n April 9, 2024, staff submitted a grant application to the Office of State and Community Energy Program. On May 14, 2024, staff received approval of the grant in the form of a $152,660 equipment rebate voucher to purchase and install 6 Heating Ventilation and Air- Conditioning (HVAC) units at Eddie D. Smith Senior Center and 1 HVAC unit at the Jurupa Valley Operations Center (JVOC).
AN
ALYSIS
S
taff inventoried and evaluated the existing mechanical equipment at the three City owned buildings ; City Hall, Eddie D. Smith Senior Center and the Jurupa Valley Operations Center. With the exception of a few recently replaced HVAC units, most of the existing units are 14 years old or older. These aging HVAC units are not only inefficient in terms of energy consumption but also require frequent and costly maintenance compared to new and more efficient equipment.
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The approval received on May 14, 2024, from the Office of State and Community Energy Program allows the City to purchase and install the equipment. Once the equipment has been installed staff will submit the required reporting documentation and request the rebate.
FINANCIAL IMPACT
The City will receive $152,660 from the Department of Energy’s Office of State and Community Energy Program. Grant revenues and expenditures have been included in the Fiscal Year 2024-2025 budget.
ALTERNATIVES
1. Provide alternative direction to staff.
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120
S
TAFF REPORT
DATE: A UGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 14.J
A
GREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND SVA
ARCHITECTS, INC. FOR ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES FOR THE CITY HALL UPGRADE AND THE NEW
CITY HALL CONSTRUCTION PROJECTS (CIP #24108 AND #24109)
RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and SVA Architects, Inc., in the amount of $1,331,895 for Architectural and Engineering Design Services for the City Hall Upgrade and the New City Hall Construction Projects (CIP #24108 & #24109).
2)
Authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney. 3) A
uthorize the Finance Director to make any necessary budget adjustments.
B
ACKGROUND
The City of Jurupa Valley (“City”) was incorporated on July 1, 2011. The City is comprised of nine communities: Jurupa Hills, Mira Loma, Glen Avon, Pedley, Indian Hills, Belltown, Sunnyslope, Crestmore Heights, and Rubidoux. At the time of incorporation, City Hall was a leased office space located along Limonite Avenue.
O
n February 19, 2015, City Council adopted Resolution No. 2015- 05, which designated the former Sam’s Western Wear building located at 8930 Limonite Avenue as the new City Hall location for the City, as well as the designated location for City Council meetings, posting agendas, ordinances and resolutions. City Hall stands as a distinguished two- story, 20,891 square foot office building, nestled within a sprawling site spanning approximately 110,000 square feet.
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In response to the needs of a rapidly expanding city, the City has seen considerable growth in its workforce, with the addition of fifty -nine (59) full -time employees over the past two years . Consequently, the demand for additional office space has become pressing. Furthermore, the aging infrastructure of the building necessitates repairs, with issues ranging from deteriorating exterior siding to imminent roof repairs and building code updates.
The City Hall Upgrade ( “Upgrade”) and the New City Hall Construction Project s (“New Construction”) scopes include the facility improvements/renovations to the current City Hall and a building design for a new City Hall Building, respectively. The Upgrade Project focuses on the renovation of the current facilities, with an emphasis on optimizing workstations and collaborative spaces. Compliance with ADA regulations will be ensured where necessary to create an inclusive environment. The New Construct ion addresses the evolving needs of City Staff which proposes the construction of a new 10,500 square foot building behind the existing City Hall with a corresponding parking lot.
Complementing this, the project s encompass the construction at the corner of Archer Street and 63
rd Street, complete with landscaping, curb, gutter, and sidewalk. Additionally, the possibility of utilizing the adjacent parcel on the northwest corner of Archer Street and 63 rd Street for parking overflow or staging purposes is bei ng considered. These projects aim to seamlessly integrate the historical charm and architectural features of the existing building into the New Construction, ensuring continuity and preserving the unique character of the site.
On April 22, 2024 , staff published a Request for Proposals (“RFP”) for the City Hall Remodel and Building Addition project on the City’s PlanetBids portal, a web- based procurement and bidding system. The solicitation closed on May 22, 2024, at 2pm.
ANALYSIS
The City received nine (9) responsive proposals from the following (in alphabetical order):
• IDS Group, Inc. – Irvine, CA
• LPA, Inc. – Irvine, CA
• M. Arthur Gensler Jr. & Associates, Inc. (Gensler) – Los Angeles, CA • PBK Architects, Inc. – Rancho Cucamonga, CA
• Perkins Eastman – Costa Mesa, CA
• SVA Architects, Inc. – Santa Ana, CA
• Tate Snyder Kimsey, Inc. (TSK) – Los Angeles, CA
• TR Design Group, Inc. – Riverside, CA
• Ware Holcomb – Irvine, CA
Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as services provided by any specially trained and experienced person or firm in areas such as accounting, engineering, finance, and planning. Agreements for professional services are awarded by the City Council on the basis of the demonstrated Page | 3
competence, qualifications, and on the fairness and reasonableness of the cost of services to the City and shall not be awarded solely on the basis of cost.
A review committ ee consisting of the City’s E ngineering and Public Works Department (“Department”) ranked the proposals per guidelines set forth in the RFP. After a thorough review of the proposals, four firms were invited for formal interviews. SVA Architects, Inc. (“SVA”) was ranked as the best qualified firm to perform the services for the Department.
SVA, a California Corporation, has 21 years of experience as a substantial architectural firm. Their staff of employees is responsible for providing in- house services for architecture, planning, interiors, sustainability, and landscaping. SVA has successfully provided architectural planning and design services to local municipalities throughout California and the western United States. Specifically, the firm has extensive experience with numerous cities within Riverside County such as Beaumont, Cathedral City, Hemet, Moreno Valley, Murrieta, Riverside, and Temecula, along with other Southern California cities.
If approved, SVA will start the work immediately with a tentative completion date of July 2025 for the design and specifications. It is the staff’s intent to have City Council engaged in the process during the design phase of the projects. Quarterly updates will be provided to City Council detailing design stage milestones.
FINANCIAL IMPACT
The Proposed Agreement is for a not to exceed amount of $1, 331,895. If approved, the projects will be funded by Development Impact Fees (Account #220.2200.71432 and Account #220.2200.71433). Sufficient funds are available to cover the cost of the project and the necessary support services. While the design is being finalized, staff will explore potential funding sources to pay for the construction costs.
ALTERNATIVES
1) Do not approve the Proposed Agreement between the City and SVA 2) Provide alternative direction to staff
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Page | 4
Prepared by: Reviewed by:
Andrea Mejia Paul Toor
Senior Management Analyst Public Works Director/ City Engineer
Reviewed by: Reviewed by:
Susan Paragas Michael Flad
Finance Director Assistant City Manager
Reviewed by: Submitted by:
Peter M. Thorson Rod B. Butler
City Attorney City Manager
Attachments:
1. Agreement between the City of Jurupa Valley and SVA Architects, Inc. for Architectural and Engineering Design Services for the City Hall Upgrade and the New City Hall Construction Projects (CIP #24108 and #24109)
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120
S
TAFF REPORT
DATE: AUGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 16.A
P
UBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF CITY
OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2024- 1 (THE DISTRICT - CITY) AND COMMUNITY FACILITIES DISTRICT NO. 2024-2 (THE DISTRICT - FACILITIES)
RE
COMMENDATION
1) That the City Council adopt Resolution No. 2024-85, entitled:
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2024 -1 (THE DISTRICT - CITY) OF THE CITY OF JURUPA VALLEY, AUTHORIZING
THE LEVY OF SPECIAL TAXES AND CALLING AN ELECTION THEREIN 2) T
hat the City Council adopt Resolution No. 2024-86, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2024-1 (THE DISTRICT - CITY) OF THE CITY OF
JURUPA VALLEY, DETERMINING THE NECESSITY TO INCUR BONDED
INDEBTEDNESS WITHIN SAID COMMUNITY FACILITIES DISTRICT AND
CALLING AN ELECTION THEREIN
3) That the City Council adopt Resolution No. 2024-87, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (THE DISTRICT - CITY) OF
THE CITY OF JURUPA VALLEY CERTIFYING THE RESULTS OF THE AUGUST 15, 2024 SPECIAL TAX AND BOND ELECTION
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4872-3007-7906v2/202017-0001
4) That the City Council conduct a first reading and introduce Ordinance No. 2024- 17, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (THE DISTRICT - CITY) OF
THE CITY OF JURUPA VALLEY AUTHORIZING THE LEVY OF SPECIAL
TAXES WITHIN THE DISTRICT
5) That the City Council adopt Resolution No. 2024-88, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE DISTRICT - FACILITIES) OF THE CITY OF JURUPA VALLEY,
AUTHORIZING THE LEVY OF SPECIAL TAXES AND CALLING AN
ELECTION THEREIN
6) That the City Council adopt Resolution No. 2024-89, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2024 -2 (THE DISTRICT - FACILITIES) OF THE
CITY OF JURUPA VALLEY, DETERMINING THE NECESSITY TO INCUR
BONDED INDEBTEDNESS WITHIN SAID COMMUNITY FACILITIES
DISTRICT AND CALLING AN ELECTION THEREIN
7) That the City Council adopt Resolution No. 2024-90, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE D ISTRICT -
FACILITIES) OF THE CITY OF JURUPA VALLEY CERTIFYING THE RESULTS OF THE AUGUST 15, 2024 SPECIAL TAX AND BOND ELECTION 8) That the City Council conduct a first reading and introduce Ordinance No. 2024- 18, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE DISTRICT -
FACILITIES) OF THE CITY OF JURUPA VALLEY AUTHORIZING THE LEVY
OF SPECIAL TAXES WITHIN THE DISTRICT
9) That the City Council authorize the City Manager to execute the CFD Documents on behalf of the City and take such further actions as necessary to complete the formation process with respect to each of the Community Facilities Districts.
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BACKGROUND
On June 27, 2024, the City Council took the first step in the process of forming CFD2024- 1 & 2024-2. At that time the City council approved the following resolutions : Resolution No. 2024- 47 (Resolution of Intention for CFD 2024-1 ), Resolution No. 2024- 48 (Resolution declaring intention to incur bonded indebtedness for CFD 2024-1), Resolution No. 2024- 49 (Resolution of Intention for CFD 2024- 2), Resolution No. 2024- 50 (Resolution declaring intention to incur bonded indebtedness for CFD 2024-2).
CFD No. 2024-1 (The District-City)
The proposed actions of the City Council on August 15 th are the second step in a two- step process to complete the formation with respect to Community Facilities District No. 2024-1 (The District - City) of the City of Jurupa Valley. EM Ranch Owner LLC, the sole landowner (the “Owner”) petitioned the City Council to form CFD No. 2024-1, and on June 27, 2024, the City Council adopted two resolutions with respect to the formation of CFD No. 2024-1 – a resolution of intention to establish CFD No. 2024- 1 and a resolution of intention to incur bonded indebtedness with respect to CFD No. 2024- 1 (the “CFD No. 2024-1 Resolutions of Intention”).
In accordance with the Mello-Roos Act and the CFD No. 2024-1 Resolutions of Intention, the City Council initiated the CFD formation process and called a public hearing with respect to the formation of CFD No. 2024-1 for August 15, 2024. Following the opening and closing of the public hearing August 15
th, in order to complete the formation process
the City Council would adopt the Resolution Establishing CFD No. 2024- 1 and the Resolution of Necessity to Incur Bonded Indebtedness with respect to CFD No. 2024- 1 (the “CFD No. 2024-1 Resolutions of Formation”).
The CFD No. 2024- 1 Resolutions of Formation to form CFD No. 2024 -1 will authorize bonded indebtedness to be issued by CFD No. 2024 -1 in an amount not to exceed $6 million and call a consolidated landowner election with CFD No. 2024-1 on the formation of CFD No. 2024-1 and the levy of special taxes. Bonded indebtedness authorized and issued by CFD No. 2024-1 shall be limited obligations of CFD No. 2024-1 secured solely by special taxes levied by CFD No. 2024- 1. No City moneys shall be pledged to the repayment of the CFD No. 2024- 1 bonds. The Waiver executed by the Owner waives, among other things, any time limitations in the Mello-Roos Act or the Elections Code with respect to the election to form CFD No. 2024-1 and allows the City Council to conduct the election the same night as the adoption of the CFD No. 2024-1 Resolutions of Formation.
If adopted immediately following the adoption of the CFD No. 2024- 1 Resolutions of Formation, the City Council will pause to allow the City Clerk to open the ballot pr ovided by the Owner, and the Resolution Certifying the Election Results will complete the CFD formation/election process. Pursuant to the Mello-Roos Act, following the formation of the CFD, an Ordinance must be adopted to authorize the levy of the s pecial tax. The Page | 4
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Ordinance will be introduced at the August 15, 2024 meeting and will be brought back for adoption at the September 5, 2024 City Council meeting.
The above actions conclude the formation of CFD No. 2024- 1. Subsequently, a Notice of Special Tax Lien will be recorded on title of all the taxable property in CFD No. 2024-1 to give all future property owners and other interested parties constructive notice that the property is within the boundaries of CFD No. 2024-1 and subject to the special tax.
In order to fund expanded services and infrastructure significant grow th with new residential and non-residential development, the City initiated the CFD formation process as a part of the City’s plan of finance that requires new development to form or join CFDs to pay special taxes that will support needed new City services and infrastructure. The Documents proposed to be accepted and adopted in this proceeding relating to CFD No. 2024-1 (The District -City) are the result of the negotiations between the City and the Developer and are anticipated to provide the City with revenues to mitigate the proportionate share of new development impact that is expected to result from the future development of the CFD No. 2024- 1 (The District -City). The types of services and infrastructure to be supported by CFD No. 2024-1 (The District-City) special tax revenues are typical public services and improvements and are generally described in the Documents.
CFD No. 2024-2 (The District-Facilities)
The process to complete the formation of CFD No. 2024- 2 (The District-Facilities) is the same as the formation process with respect to CFD No. 2024-1 and authorizes $45 million in bonded indebtedness to be issued by CFD No. 2024- 2. Bonded indebtedness authorized and issued by CFD No. 2024-2 shall be limited obligations of CFD No. 2024- 2 and secured solely by special taxes levied by CFD No. 2024-2 . No City moneys shall be pledged to the repayment of the CFD No. 2024-2 bonds. The types of infrastructure to be supported by CFD No. 2024-2 (The District-Facilities) special tax revenue are typical public improvements and are generally described in the Documents.
ANALYSIS
As stated above, the District property is owned by EM Ranch Owner LLC, a California limited liability company. Owner wishes to develop The District into a mixed- use development. The District is anticipated to provide expanded opportunities for employment, services, shopping and tax revenue for the City’s citizens.
FINANCIAL IMPACT
Through extensive negotiations between the City and the developer of The District, staff believes that anticipated fiscal costs to the City have been substantially mitigated through the Development Agreement, the Acquisition Agreement and the formation of the aforementioned CFDs. It is anticipated that, upon completion of development of The Page | 5
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District, the City will experience enhanced tax revenues from property tax, sales tax and potential transient occupancy tax.
ALTERNATIVES
1. Elect not to accept and adopt the Documents which will result in delay or abandonment of development of The District project.
2. Or provide alternative direction to staff.
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-1-
RESOLUTION NO. 2024-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY , CALIFORNIA, ESTABLISHING COMMUNITY
FACILITIES DISTRICT NO. 2024-2 (THE DISTRICT - FACILITIES)
OF THE CITY OF JURUPA VALLEY, AUTHORIZING THE LEVY OF
SPECIAL TAXES AND CALLING AN ELECTION THEREIN
WHEREAS, the City Council (the “City Council”) of the City of Jurupa Valley, California (the “City”) has heretofore adopted Resolution No. 2024-49 (the “Resolution of Intention”) stating its intention to form Community Facilities District No. 2024-2 (The District - Facilities) of the City of Jurupa Valley (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, a copy of the Resolution of Intention setting forth a description of the proposed boundaries of the Community Facilities District, the public facilities and the incidental expenses to be financed by the Community Facilities District (the “Facilities” and “Incidental Expenses,” respectively) is on file with the City Clerk; and is incorporated herein by reference; and WHEREAS, a combined not ice of a public hearing to be held on August 15, 2024 was published and mailed to all landowners of the land proposed to be included within the Community Facilities District; and
WHEREAS, on August 15, 2024, the City Council opened the public hearing (the “Hearing”) as required by law; and
WHEREAS, at the Hearing there was filed with this City Council a report containing a description of the Facilities necessary to meet the needs of the Community Facilities District and an estimate of the cost of such Facilities as required by Section 53321.5 of the Act (the “Community Facilities District Report”); and
WHEREAS, at the Hearing all persons desiring to be heard on all matters pertaining to the proposed formation of the Community Facilities District and the levy of the special taxes and the issuance of bonded indebtedness were heard and a full and fair hearing was held; and WHEREAS, at the Hearing, evidence was presented to the City Council on the matters before it, and the proposed formation of the Community Fac ilities District and the levy of special taxes was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the Community Facilities District, the levy of the special taxes and the issuance of bonded indebtedness; and
WHEREAS, the City Council has determined that there have been no registered voters residing in the proposed boundaries of the Community Facilities District for the period of 90 days prior to the Hearing and that the qualified electors in the Community Facilities District are the landowners within the Community Facilities District; and
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4881-2062-8684v3/202017-0001
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the Community Facilities District and with the calling of an election within the boundaries of the Community Facilities District to authorize (i) the levy of special taxes within the Community Facilities District pursuant to the rate and method of apportionment of the special tax attached to the Resolution of Intention as Attachment “C” (the “Rate and Method”), (ii) the issuance of bonds to finance the Facilities and Incidental Expenses, and (iii ) the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, the City and EM Ranch Owner LLC, a California limited liability company (the “Owner”) desire to finance certain Facilities through the execution and delivery of an acquisition agreement, by and between the City, acting for itself and on behalf of the Community Facilities District, and the Owner dated as of August 15, 2024 (the “Acquisition Agreement”); and WHEREAS, the form of such Acquisition Agreement has been presented to this City Council for approval.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. A Community Facilities District to be designated “Community Facilities District No. 2024-2 (The District - Facilities) of the City of Jurupa Valley ” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the Community Facilities District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.
Section 3. The boundaries of the Community Facilities District are established as shown on the map designated “Proposed Boundary Map Community Facilities District No. 2024-2 (The District - Facilities) City of Jurupa Valley, County of Riverside, State of California”, which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County of Riverside Book of Boundary Maps in the County Recorder’s Office in Book No. 93 at Page 68 as Document No. 2024-0216388 on July 22, 2024.
Section 4. The types of Facilities and Incidental Expenses authorized to be provided for the Community Facilities District are those set forth in the Resolution of Intention. The estimated cost of the Facilities and Incidental Expenses to be financed is set forth in the Community Facilities District Report, which estimates may change as the Facilities are designed and bid for construction and acquisition.
The City of Jurupa Valley is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The City Council finds that the proposed Facilities are necessary to meet the increased demand that will be placed upon public infrastructure and City as a result of new development within the Community Facilities District.
Section 5. The City Council hereby adopts the Rate and Method attached to the Resolution of Intention as Attachment “C” as the applicable rate and method of apportionment for the Community Facilities District. Except where funds are otherwise available, it is the intention of the City Council, -3-
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subject to the approval of the eligible voters within the Community Facilities District, to levy the proposed special taxes in the Community Facilities District at the rates set forth in the Rate and Method hereto on all non -exempt property within the Community Facilities District sufficient to pay (i) the Facilities and the principal and interest and other periodic costs on the bonds proposed to be issued by the Community Facilities District to finance the Facilities and Incidental Expenses, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees (including such fees for instrumen ts which serve as the basis of a reserve fund in lieu of cash) and other expenses of the type permitted by Section 53345.3 of the Act; and (ii) the Incidental Expenses. The Community Facilities District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the Community Facilities District, the issuance of bonds, the levying and collecting of the special tax, the completion and inspection of the Facilities and the annual administration of the bonds and the Community Facilities District. The Rate and Method is described in detail in Attachment “C” to the Resolution of Intention and incorporated herein by this reference, and the City Council hereby finds that said Attachment “C” contains sufficient detail to allow each landowner within the Community Facilities District to estimate the maximum amount of the special tax for Facilities (“Special Tax A”) that may be levied against each parcel. As described in greater detail in the Community Facilities District Report, which is incorporated by reference herein, the special taxes are based on the expected demand that each parcel of real property within the Community Facilities District will place on the Facilities and, accordingly, are hereby determined to be reasonable. The special taxes shall be levied on each assessor’s parcel pursuant to the Rate and Method, but Special Tax A shall not be levied after Fiscal Year 207 4-75. The special taxes are apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not an ad valorem tax on or a tax based upon the ownership of real property.
The City Manager will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of sp ecial tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
Section 6. In the event that a portion of the property within the Community Facilities District shall become for any reason exempt, wholly or partially, from the levy of the Special Tax A specified in the Rate and Method, the City Council shall, on behalf of the Community Facilities District, increase the levy of Special Tax A to the extent necessary and permit ted by law and these proceedings upon the remaining property within the Community Facilities District which is not delinquent or exempt in order to yield the required debt service payments on any outstanding bonds of the Community Facilities District or to prevent the Community Facilities District from defaulting on any other obligations or liabilities of the Community Facilities District.
Section 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District; and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the Community Facilities District on behalf of the Community Facilities District ceases.
Section 8. Consistent with Section 53325.6 of the Act, the City Council finds and determines th at the land within the Community Facilities District, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Comm unity Facilities District and will be benefited by the Facilities proposed to be provided within the Community Facilities District. -4-
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Section 9. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the proposed Community Facilities District for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of the Community Facilities District as are proposed to be provided by the Facilities to be financed by the Community Facilities District.
Section 10. Written protests against the establishment of the Community Facilities District have not been filed by one -half or more of the register ed voters within the boundaries of the Community Facilities District or by the property owners of one-half or more of the area of land within the boundaries of the Community Facilities District. The City Council hereby finds that the proposed special tax has not been precluded by a majority protest pursuant to Section 53324 of the Act.
Section 11. An election is hereby called for the Community Facilities District on the propositions of levying the special tax on the property within the Community Facilities District an d establishing an appropriations limit for the Community Facilities District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness for the Community Facilities District, pursu ant to Section 53351 of the Act. The propositions to be placed on the ballot for the Community Facilities District are attached hereto as Exhibit A.
Section 12. The date of the election within the Community Facilities District shall be August 15, 2024, or such later date as is consented to by the City Clerk and the landowners within the Community Facilities District. The City Clerk shall conduct the election. Except as otherwise provided by the Act, the election shall be conducted by personally delivered or mailed b allot and, except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable.
It is hereby found t hat there are no registered voters within the territory of the Community Facilities District, and, pursuant to Section 53326 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District. The voters shall be the landowners of record within the Community Facilities District as of August 15, 2024.
Section 13. The preparation of the Community Facilities District Report is hereby ratified.
The Community Facilities District Report, as submitted, is hereby approved and made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the transcript of these proceedings and open for public inspection.
Section 14. The City may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the Community Facilities 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 advanced, o r 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.
Section 15. The form of the Acquisition Agreement presented at this meeting is hereby approved; and any o ne of the Mayor or the City Manager of the City (collectively, the “Authorized -5-
4881-2062-8684v3/202017-0001
Officers”) and attested to by the City Clerk, is hereby authorized and directed to execute the Acquisition Agreement in substantially the form presented at this meeting, with such additions therein and changes thereto as the Authorized Officer or Authorized Officers executing the same deem necessary to cure any defect or ambiguity therein if such change does not materially alter the substance or content thereof, with such approva l to be conclusively evidenced by the execution and delivery of such Acquisition Agreement.
Section 16. This Resolution shall be effective upon its adoption.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Jurupa Valley on this 15th 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. 2024-88 was duly passed and adopted at a meeting of the City Council o f the City of Jurupa Valley on the 15th 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 15th day of August, 2024.
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
4881-2062-8684v3/202017-0001
EXHIBIT A
SAMPLE BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2024-2 (THE DISTRICT - FACILITIES)
OF THE CITY OF JURUPA VALLEY
SPECIAL TAX AND SPECIAL BOND ELECTION
August 15, 2024
This ballot represents ___ votes.
To vote, write or stamp a cross (“+” or “X”) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of Jurupa Valley and obtain another.
PROPOSITION A: Shall Community Fa cilities District No. 2024-2 (The District - Facilities) of the City of Jurupa Valley (the “Community Facilities District”) incur an indebtedness and issue bonds for the Community Facilities District in the maximum principal amount of $45,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2024-49 of the City Council of the City of Jurupa Valley?
YES______
NO_______
PROPOSITION B: Shall special taxes, pursuant to the rate and method of apportionment as provided in Resolution No. 2024-49 of the City Council of the City of Jurupa Valley for the Community Facilities District, be levied to pay for the Facilities , Incidental Expenses and the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses and the other purposes described in Resolution No. 2024-49?
YES______
NO_______
PROPOSITION C: For each year commencing with Fiscal Year 2025-26, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the Community Facilities District be an amount equal to $45,000,000?
YES______
NO_______
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120
S
TAFF REPORT
DATE: AUGUST 15, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 16.B
P
UBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING
EXECUTION AND DELIVERY OF JOINT COMMUNIT Y FACILITIES
AGREEMENT IN CONNECTION WITH THE BOND OPPORTUNITIES
FOR LAND DEVELOPMENT (BOLD) PROGRAM FOR
DEVELOPMENT IMPACT FEES FOR TRACT NOS. 3 8171 AND
37857; AND MAKING A FINDING OF SIGNIFICANT BENEFITS FOR
THE FINANCING OF CERTAIN IMPROVEMENTS BY A COMMUNITY
FACILITIES DISTRICT TO BE FORMED BY THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY
RE
COMMENDATION
1) T
hat the City Council conduct a public hearing (the “Hearing”) regarding the financing of public improvements to be owned by the City of Jurupa Valley (the “City”) or the Jurupa Area Recreation and Park District (the “Park District”) in connection with the Countryside & Las Palmas development through the formation of a community facilities district and the issuance of bonds by the California Municipal Finance Authority (the “CMFA”); and 2) That the City Council adopt Resolution No. 2024-91, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY OF A
JOINT COMMUNITY FACILITIES AGREEMENT IN CONNECTION WITH
THE BOND OPPORTUNITIES FOR LAND DEVELOPMENT (BOLD)
PROGRAM FOR DEVELOPMENT IMPACT FEES FOR TRACT NOS. 38171 AND 37857; AND MAKING A FINDING OF SIGNIFICANT BENEF ITS FOR
THE FINANCING OF CERTAIN IMPROVEMENTS BY A COMMUNITY
FACILITIES DISTRICT TO BE FORMED BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY
RETURN TO AGENDA
Page | 2
BACKGROUND
CMFA is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California, including the City.
At the request of RC Hobbs Companies (the “Developer”), CMFA is conducting proceedings under the Mello- Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Mello -Roos Act”) to form a Community Facilities District (the “CFD”) for the Countryside & Las Palmas development as part of CMFA’s Bond Opportunities for Land Development (“BOLD”) program. Once formed, the CFD will levy special taxes to be pa id by the property taxpayers within the CFD. It is expected that the CFD will issue bonds to be secured and repaid by the special tax revenues. The purpose of forming this CFD is to finance certain facilities (the “CFD Improvements”) and/or development impact fees (which fees are used for capital improvements) (the “CFD Fees”).
Although the CFD will be formed within the City’s jurisdiction, the use of the BOLD program means that the CMFA and its consultant team will form and approve the CFD.
CMFA will use the services of a special tax consultant and administrator to create the special tax formula and administer, levy, and collect the special taxes. CMFA will issue and handle the sale of the CFD bonds and handle continuing disclosure reporting requirements relating to the bonds. Except for the holding of the Hearing and as described below in connection with the JCFA, the City will have minimal involvement in any of the formation of the CFD, the issuance of the bonds, or the CFD administration.
Per information provided by CMFA and the Developer, it is currently intended that the financed projects will consist of facilities and capital improvements to be owned by the City and the Park District.
ANALYSIS
Public Hearing and Finding of Public Benefits
CMFA has requested that the City Council hold the Hearing. CMFA’s counsel has indicated that pursuant to Government Code Section 6586.5, CMFA can issue bonds for the financing only after the City -- which has land use jurisdiction over the Countryside & Las Palmas development -- holds a public hearing and finds that the financing will result in significant public benefit. Such finding will pertain to not just the City improvements but also the Park District improvements to be financed.
CMFA has provided a copy of the Park District’s resolution, making a finding that the improvements to be financed by the Park District will result in significant public benefit.
By adopting the attached resolution at the conclusion of the Hearing, the City Council will make a finding of significant benefits with respect to the financing of the City improvements and the Park District improvements, based on the Hearing and the Park District resolution.
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Joint Community Facilities Agreement (JCFA); City Projects to be Financed Under the Mello- Roos Act, CMFA must enter into the JCFA with the City in order to include the City’s improvements as part of the CFD financing. City staff understands that CMFA will enter into a similar agreement with the Park District in connection with the Park District’s improvements.
Pursuant to the City’s JCFA, after CMFA issues bonds for this financing, a portion of the bond proceeds will be deposited into a “Project Fund,” from which the City can request disbursements. It is intended that the disbursements will satisfy certain development impact fees that would otherwise be paid by the Developer. The City will then spend moneys so received on capital improvements that would have been funded by the related development impact fees.
CMFA bonds will be issued as “tax-exempt bonds” -- the interest on which, when received by a bondholder, will generally be excluded from federal income tax. There are strict federal tax rules relating to the issuance of tax -exempt bonds. As indicated in the form of disbursement request attached to the JCFA, the City will have to make certain representations and covenants for the benefit of CMFA in connection with each draw from the Project Fund. Per CMFA’s counsel, to comply with the applicable federal tax law, at the time of bond issuance, there must be a reasonable expectation that a significant portion of the bond proceeds will be spent down within three years.
Because of the restrictions under federal tax law, staff recommends that only the transportation circulation improvements of the recently approved Development Impact Fee (DIF) program be included in the JCFA. These projects are the only component of the DIF that staff believes can meet the expenditure timeframe. Staff estimates that th e transportation circulation improvements fee for residential development amounts to 57% of the overall DIF for the Countryside & Las Palmas development project.
Certain Costs
As described above, it is anticipated that CMFA will issue bonds to provide financing for the City’s and the Park District’s improvements. CMFA will pay debt service (principal and interest) on the bonds from the special tax revenues to be collected from the property taxpayers within the CFD. The special tax rates will be established by CMFA taking into consideration the anticipated amounts to be deposited into the project funds for the City improvements and the Park District improvements (and the bond sizing necessary to generate such amounts), plus the costs of issuance of the bonds, and other costs of administering the CFD.
CMFA charges an annual fee for the administration of each community facilities district it forms and a fee for each issuance of bonds (the latter of which is paid out of the bond proceeds). CMFA contributes a portion of the fees it receives to local charities.
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120
S
TAFF REPORT
DATE: AUGUST 15, 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. 16.C
PUBLIC HEARING TO CO NSIDER MASTER APPLIC ATION (MA)
NO.16045 (GPA16001, SP16001, DA16001, & TTM 37074 AND TTM 38639) PROJECT: CERT IFYING AN ENVIRONMENTAL IMPACT
REPORT, MAKING FINDI NGS, ADOPTING A STAT EMENT OF
OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION
MONITORING AND REPOR TING PROGRAM FOR “RI O VISTA
SPECIFIC PLAN” THAT WOULD PERMIT DEVELOPMENT OF UP TO
1,697 NEW RESIDENTIA L UNITS; 1,269,774 S QUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,768 SQU ARE FEET OF
BUSINESS PARK LAND USE; 510.8 ACRES OF N ATURAL OPEN
SPACE; 14.3 ACRES OF PARK AND RECREATION AL AMENITIES
AND 13.4 PUBLIC SCHO OL SITE ; PROJECT LOCATION:
GENERALLY LOCATED NORTH OF STATE ROUTE (SR) 60, SOUTH
OF CITY’S NORTHERN BOUNDARY LINE, AND BE TWEEN
ARMSTRONG ROAD AND RUBIDOUX BOULEVARD (A PNS: 17 5-
160-001, 177-030-014, 177-040-002, 177-040-008, 175-080-101, 175- 090-001, 171-090-003, 175-090-004, 177-060-012, 175-160-007, 175- 160-005, 175- 100-005, 175 -100-006, 175 -150-002, 175- 100-003); (APPLICANT: RICHLAND PLANNED COMMUNITIES, INC.)
RE
COMMENDATION
The preparation of the public hearing item is still underway. Therefore, it is recommended that the public hearing on this item be continued from August 15, 2024, to September 5, 2024.
RETURN TO AGENDA
Page | 1
STAFF REPORT
DATE: A UGUST 1, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 17.A
ORDINANCE PROHIBITING CAMPING ON PUBLIC PROPERTY AND
ENFORCEMENT OF PROHIBITION OF CAMPING AND STORAGE
OF PERSONAL PROPERTY ON PUBLIC PROPERTY
RECOMMENDATION
1) That the City Council conduct a first reading and introduce Ordinance No. 2024-19, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY AMENDING SECTIONS 11.75.010, 11.75.020, 11.75.070 AND
11.80.120 OF THE JURUPA VALLEY MUNICIPAL CODE AND ADDING SECTIONS 11.75.025 AND 11.80.130 TO THE JURUPA VALLEY
MUNICIPAL CODE PROHIBITING ANY PERSON TO CAMP, ESTABLISH,
MAINTAIN, OPERATE OR OCCUPY A CAMP OR CAMPING FACILITIES,
OR USE CAMP PARAPHERNALIA WITH CERTAIN LIMITED EXCEPTIONS AND ENFORCEMENT OF VIOLATIONS OF CHAPTER 11.75 AND
CHAPTER 11.80; FINDING THAT THIS ORDINANCE IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15060 OF THE CEQA GUIDELINES
ANALYSIS
On July 18, 2024, the City Council directed the City Attorney to prepare an ordinance that prohibits camping on property in the City of Jurupa Valley and authorizes the enforcement of that prohibition and Chapters 11.75 and 11.80 by misdemeanor prosecution and administrative fines in addition to nuisance abatement procedures.
On June 28, 2024, the United States Supreme Court ruled in the case of City of Grants Pass v. Johnson that ordinances prohibiting camping on public and private property do not violate the US Constitution’s Eighth Amendment’s prohibition on cruel and unusual punishments, even when applied to homeless individuals who lack access to alternative shelter within the city. The Court held that states, cities and local governments are free
RETURN TO AGENDA
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to deal with the complex issues of homeless issues in a variety of ways. This case overruled the 2019 Ninth Circuit appellate case of Martin v. City of Boise which held that states, cities, and local governments could not prohibit camping on public property unless there was access to alternative shelter for homeless persons or the encampment was unsafe or unhealthy.
In 2020 the Council adopted Chapter 11.75, Prohibition Against Certain Conduct on Public Property, and Chapter 11.80, Storage of Personal Property on Public Property which are still in effect and are attached to this Staff Report. While these ordinances do not prohibit camping on public property, they do prohibit blocking access to sidewalks, driveways and businesses and storing personal property on public property.
Over the last four years, the City of Jurupa Valley Code Enforcement Staff, along with the Riverside County Sheriff’s Office and Path of Life, have worked hard to clean up dangerous and unhealthful homeless encampments on both public and private property in compliance with the former City of Boise decision. Homeless encampments with accumulations of trash and garbage, unsanitary deposits of urine and feces, no sanitation systems, infestation of rodents and loose animals, unsafe tents, lean-to, and tarps , inoperable RVs, and open fires have been processed for clean- up by the City. The City pays the costs of clean -up on public property and the property owners pay the costs of clean-up on private property.
In cleaning up these dangerous and unsafe homeless encampments, it is important to note that City Staff carefully follows the Administrative Procedures established in Chapter
11.80 that are designed to help the homeless persons who are living in these encampments obtain social services , provide notice of the proposed clean- up, and to protect and preserve personal property of homeless people found during the clean-up of the encampments.
The Grants Pass decision now authorizes the City Council to adopt an ordinance that prohibits camping on public property and to enforce the provisions of Chapters 11.75 and
11.80 by misdemeanor prosecutions, infractions and administrative fines.
SUMMARY OF PROPOSED ORDINANCE
The proposed ordinance adds section 11.75.025 to the Jurupa Valley Municipal Code to prohibit camping on public and private properties:
§ 11.75.025 Unlawful camping.
A. It is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy a camp, camping facilities, or use camp paraphernalia on any public property or any private property, improved or unimproved.
B. The prohibition set forth in this section does not apply to:
1. Mobile home parks and special occupancy parks
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operating in accordance with this Code;
2. Camping on public or private property pursuant to a
temporary use permit issued under Chapter 2.250 of this Code;
3. Federal, State or local agency events conducted at,
in, or upon public facilities, indoors or outdoors; and
4. Emergency public health and safety activities.
The proposed ordinance also adds the following definitions to Section 11.75.020:
Camp means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
Camp facilities mean all temporary shelters, including, but not limited to, tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters.
Camp paraphernalia means items including, but not limited to, bedrolls, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar equipment.
Establish means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities.
Maintain means to keep or permit equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.
Operate means to participate or assist in establishing or maintaining a camp or camp facility.
Occupy means to be present at a camp or camp facility.
Public property means any real or personal property owned or controlled by the City, improved or unimproved, and includes, but is not limited to, any publicly -owned park, building, street, sidewalk, way, path, alley, right of way, parking lot or other public property owned or controlled by the City and located within the City of Jurupa Valley and such other publicly owned property, improved or unimproved, for which the city is authorized by contract or permit to maintain.
The proposed ordinance also provides that violations of the prohibition on camping and the unlawful storage of personal property may be punished by misdemeanor prosecution or infraction or administrative fines in addition to nuisance abatement proceedings to clean up encampments.