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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, June 5, 2025
Study Session: 6:00 p.m.
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 6:
00 PM - CALL TO ORDER AND ROLL CALL FOR STUDY SESSION
● Brian Berkson, Mayor
● Chris Barajas, Mayor Pro Tem
● Armando Carmona, Council Member
● Veronica Sanchez, Council Member
● Guillermo Silva, Council Member
2. ST
UDY SESSION
A. LOW BARRIER NAVIGATION CENTERS (LBNCS) - POTENTIAL
GENERAL PLAN AMENDMENTS AND CHANGES OF ZONE THAT
WOULD RESULT IN LAND BEING DESIGNATED FOR COMMERCIAL
NEIGHBORHOOD (C -N) TO COMPLY WITH STATE LAW AND
HOUSING ELEMENT CERTIFICATION MANDATE TO PROVIDE FOR
LBNCS AND ZONING CODE AMENDMENT TO COMMERCIAL
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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NEIGHBORHOOD (C-N) ZONE
Requested Action: That the City Council receive and file a staff presentation on Low Barrier Navigation Centers (LBNCs) and provide input and direction to comply with State Law (Assembly Bill 101) and a Housing Element certification mandate to provide for LBNCs, and provide confirmation to continue with a consistency rezone of LUA 14.
3. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Brian Berkson, Mayor
● Chris Barajas, Mayor Pro Tem
● Armando Carmona, Council Member
● Veronica Sanchez, Council Member
● Guillermo Silva, Council Member
4. INVOCATION
5. PLEDGE OF ALLEGIANCE
6. APPROVAL OF AGENDA
7. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES –
INTRODUCTION OF “PET OF THE MONTH”
B. JURUPA VALLEY PRO RODEO PROCLAMATION
C. JURUPA ROAD GRADE SEPARATION PROJECT UPDATE - JOHN
ASHLOCK CONSTRUCTION ENGINEERING DIVISION MANAGER,
COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT TO
PRESENT
8. PUBLIC APPEARANCE/COMMENTS
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9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
10. CITY MANAGER’S UPDATE
AB1234 Local Government Ethics Training Act Updates
11. APPROVAL OF MINUTES
A. MAY 1, 2025 REGULAR MEETING
12. CONSENT
CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF THE
TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE
AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
COUNCIL MEMBERS MAY REMOVE ITEMS FROM THE CONSENT
CALENDAR FOR DISCUSSION, OR TO ASK QUESTIONS, OR MAKE A
COMMENT ON THE ITEM
If a Council Member wishes to vote “no” or “abstain” on a Consent Calendar item but does not wish to discuss, ask questions or make a comment, the Council Member may state that they wish to vote “no” or “abstain” on the item and the minutes and certification of the vote will show that the Council Member voted “no” or “abstain.”
B. ORDINANCE NO. 2025-11
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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Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2025-11, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY AMENDING CHAPTER 9.245 OF THE JURUPA VALLEY
MUNICIPAL CODE ESTABLISHING FIVE SPECIAL OUTDOOR
ADVERTISING DISPLAY OVERLAY AREAS AND MODIFYING THE
OUTDOOR ADVERTISING DISPLAY OVERLAY MAP, ALLOWING
OUTDOOR ADVERTISING DISPLAYS WITHIN 750 FEET OF A CITY
BOUNDARY, UPDATING STANDARDS FOR OUTDOOR
ADVERTISING DISPLAYS, AND AMENDING THE PROCESSING
PROCEDURES FOR ONSITE SIGNAGE IN THE RUBIDOUX TOWN
CENTER, AND MAKING A FINDING OF EXEMPTION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION
15061(B)(3).
C. APPR
OVE THE PURCHASE OF COVID -19 PREVENTION AND
MITIGATION SANITATION SUPPLIES AND RELATED
PRODUCTSSUBJECT TO THE TERMS AND CONDITIONS OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COVID- 19
FUNDING AND APPROVE AGREEMENT WITH PATH OF LIFE FOR
PURCHASING PATHOGEN PREVENTION SUPPLIES FOR THEIR
COMMUNITY SHELTER
1. Re
quested Action: That the City Council approve the use of the City’s CDBG-CV funds to pay for the purchase of COVID -19 prevention and mitigation sanitation supplies and related products
2. A pprove
the Agreement with Path of Life for purchasing pathogen prevention supplies and other related products for pathogen prevention and mitigation at their shelter for an amount not to exceed $50,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
D. THI
RD AMENDMENT TO THE AMENDED AND RESTATED
AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY
DEVELOPMENT BLOCK GRANT SERVICES
Re
quested Action: That the City Council approve the Third Amendment to the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant Services and authorize the City Manager to execute the Third Amendment in substantially the form and format attached and as approved by the City Attorney.
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E. AWARD OF PUBLIC SERVICE GRANT APPLICANTS WITH
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Path of Life Ministries for Homelessness Services for an amount not to exceed $125,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
2. That the City Council approve the Agreement between the City of Jurupa Valley and Family Service Association for the Senior Nutrition Program for an amount not to exceed $25,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
F. THE THIRD AMENDMENT TO THE RESTATED AGREEMENT FOR
CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY
AND GRC ASSOCIATES, INC. FOR ADMINISTRATION OF THE
AFFORDABLE HOMEOWNER REHABILITATION GRANTS PROGRAM
FOR THE 2025-26 FISCAL YEAR
Requested Action: That the City Council Approve the Third Amendment to the Restated Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. for Administration of the Affordable Homeowner Rehabilitation Grants Program and authorize the City Manager to execute the Second Amendment to the Restated Agreement in substantially the form and format attached and as approved by the City Attorney.
G. REPORT ON FINES, PENALTIES, AND CLEAN-U REIMBURSEMENTS
FOR ILLEGAL DUMPING
Requested Action: That the City Council receive and file this Staff Report on the fines, penalties and clean -up reimbursements for illegal dumping in the City and provide general direction to Staff for and potential actions relating to illegal dumping.
H. APPROVAL OF DIGITAL DISPLAY AGREEMENT BETWEEN THE CITY
OF JURUPA VALLEY AND EM RANCH OWNER, LLC FOR PROPERTY
KNOWN AS THE DISTRICT AT JURUPA VALLEY
Requested Action: That the City Council adopt Resolution No. 2025-51, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING DIGITAL DISPLAY AGREEMENT BETWEEN THE
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CITY OF JURUPA VALLEY AND EM RANCH OWNER, LLC, AND
DETERMINING THAT THE AGREEMENTS ARE EXEMPT FROM CEQA
UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES
I. QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING
MARCH 31, 2025, FOR FISCAL YEAR 2024-2025
Requested Action: That the City Council receive and file the quarterly investment report for the quarter ending March 31, 2025 ( Third Quarter of Fiscal Year 2024 - 2025).
J. FIRST AMENDMENT TO THE AGREEMENT WITH FLOCK GROUP, INC.
1. Requested Action: That the City approve the First Amendment to the Agreement between the City of Jurupa Valley and the Flock Group, Inc.
Services in the amount of $62,000.00 for installation of 10 additional Flock Safety Cameras and authorize the City Manager to execute the Agreement substantially the form and format attached and as approved by the City Attorney.
2. Authorize the Finance Director to make any necessary budget adjustments.
K. AUTHORIZATION TO ACCEPT THE 2024 -2025 ILLEGAL DISPOSAL
SITES ABATEMENT GRANT PROGRAM GRANT FROM THE STATE
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
Requested Action: That the City Council accept grant funds from the State Department of Resources Recycling and Recovery-2024-2025 Illegal Disposal Sites Abatement Grant Program.
L. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
CIVIC SOLUTIONS, INC. FOR LAND USE PLANNING SERVICES
Requested Action: That the City Council authorize the City Manager to execute the proposed Professional Services Agreement with Civic Solutions, Inc. to provide planning services.
M. APPROVAL OF THE THIRD AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND HR GREEN PACIFIC, INC. FOR PROVISION OF ENTITLEMEMT
REVIEW AND ENGINEERING REVIEW SERVICES
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Requested Action: That the City Council approve the Third Amendment to the Professional Services Agreement (“Agreement”) between the City of Jurupa Valley and HR Green Pacific, Inc. for provision of entitlement review and engineering review, services, and authorize the City Manager to execute the Third Amendment in substantially the form and format attached and as approved by the City Attorney
N. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF JURUPA VALLEY AND FEHR & PEERS FOR THE
CITYWIDE FREIGHT ANALYSIS PLAN AND MOBILITY ELEMENT
UPDATE
1. Requested Action: That the City Council approve the Professional Services Agreement between the City of Jurupa Valley and FEHR & PEERS, in the amount of $340,160 for the Citywide Freight Analysis Plan and Mobility Element Update.
2. Authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
3. Authorize the Finance Director to make any necessary budget adjustments.
O. FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND VAN DYKE LANDSCAPE ARCHITECTS, INC.
FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES
Requested Action: That the City Council approve the Fourth Amendment to the Agreement between the City of Jurupa Valley and Van Dyke Landscape Architects, Inc. for On-Call Landscape Architectural Services and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
P. APPROVAL TO PURCHASE TWO (2) F -150 VEHICLES FOR THE
MOBILE FOOD VENDING PROGRAM
1. Requested Action: That the City Council approve the purchase of two (2) Ford F -150 vehicles to support the Mobile Food Vending Program for $88,752.22, including taxes and fees.
2. That the City Council authorizes the Finance Director to make any necessary budget adjustments.
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Q. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2025 -002 (PUBLIC
SAFETY, ACTION PLUMBING SUPPLY) AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2025 -002 (PUBLIC
SAFETY, ACTION PLUMBING SUPPLY); GENERALLY LOCATED ON
RIVERVIEW DRIVE NORTH OF MISSION BOULEVARD
Requested Action: That the City Council adopt Resolution No. 2025-52, entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2025 -002 (PUBLIC
SAFETY, ACTION PLUMBING SUPPLY) AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX WITHIN CITY OF JU RUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2025 -002 (PUBLIC
SAFETY, ACTION PLUMBING SUPPLY).
R. RESOLUTION NO. 2025- 53 AND RESOLUTION NO. 2025 -54
REGARDING THE ANNUAL ASSESSMENTS FOR CITY OF JURUPA
VALLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
NO. 89 1 CONSOLIDATED - CITYWIDE
1. Requested Action: That the City Council That the City Council adopt Resolution No. 2025-53, entitled:
A RESOLUTION OF THE CITY OF JURUPA VALLEY ORDERING THE
PREPARATION OF THE ENGINEER’S REPORT REGARDING
PROPOSED ASSESSMENTS TO BE LEVIED AND COLLECTED FOR
FISCAL YEAR 2025-26 WITHIN ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21, 34, 61, 73, 78, 95, 102, 106, 126, 128, 132, 137, 141, 142, 173, 182, A, C, E, F, G, I, K, L, M, N, O, P, S, T, U, W, X, Y, Z; AA, DD, EE, FF, GG, II, JJ, KK, LL, MM, QQ AND STREET LIGHTING ZONES 5, 7, 15, 17, 19, 39, 41, 62, 69, 86, 91, 93, 94, 102, 2- A, 2-B, 2-C, 2-D, 2-E, 2-F, 2-G, 2- H AND 2- I OF CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1- CONSOLIDATED
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972.
2. That the City Council adopt Resolution No 2025-54, entitled:
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, DECLARING INTENTION TO LEVY AND
COLLECT ASSESSMENTS WITHIN ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21, 34, 61, 73, 78, 95, 102, 106, 126, 128, 132, 137, 141, 142, 173, 182, A, C, E, F, G, I, K, L, M, N, O, P, S, T, U, W, X, Y, Z; AA, DD, EE, FF, GG, II, JJ, KK, LL, MM, QQ AND STREET LIGHTING ZONES 5, 7, 15, 17, 19, 39, 41, 62, 69, 86, 91, 93, 94, 102, 2-A, 2-B, 2-C, 2-D, 2-E, 2-F, 2-G, 2-H AND 2-I OF THE CITY OF JURUPA VALLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED OF
THE COUNTY OF RIVERSIDE PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND
SERVICING OF LANDSCAPING, MULTI -PURPOSE TRAILS,
FENCING, FOSSIL FILTERS, BIO-SWALES, GRAFFITI ABATEMENT,
TRAFFIC SIGNALS, BRIDGE LIGHTS, AND STREETLIGHTS FOR
FISCAL YEAR 2025-26 ; AND GIVING NOTICE OF AND SETTING THE
TIME AND PLACE OF THE PUBLIC HEARING ON THE ANNUAL
ASSESSMENT AND ORDERING NOTICE OF THE PUBLIC HEARING
TO BE PUBLISHED.
S. CONSIDERATION OF A RESOLUTION CONFIRMING THE REPORT OF
DELINQUENT SOLID WASTE FEES AND INITIATING THE
PROCEEDINGS TO MAKE DELINQUENT SOLID WASTE COLLECTION
SERVICES FEES A SPECIAL ASSESSMENT AND LIEN AGAINST
CERTAIN PARCELS OF PROPERTY SITUATED WITHIN THE CITY AND SETTING THE PUBLIC HEARING FOR JULY 17, 2025 (BURRTEC
WASTE INDUSTRIES, INC.)
Requested Action: That the City Council adopt Resolution No. 2025-55, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, RECEIVING THE REPORT OF DELINQUENT
ACCOUNTS FOR SOLID WASTE SERVICES PROVIDED BY BURRTEC
WASTE INDUSTRIES, INC. AND SETTING THE PUBLIC HEARING FOR
ESTABLISHING A LIEN ON CERTAIN PROPERTIES IN THE AMOUNT
OF DELINQUENT SOLID WASTE COLLECTION FEES DUE FROM THE
PROPERTIES.
T. ADOPTION OF RESOLUTION NO. 2025 -56 APPROVING THE
REGISTER OF DEMANDS DATED MAY 22, 2025 AND RATIFICATION OF REGISTER OF DEMANDS PRIOR TO MAY 22, 2025
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1. Requested Action: That the City Council adopt Resolution Number 2025- 56 approving the Register of Demands for June 5, 2025, in the amount of $2,103,425.95 (Attachment “A”); and
2. Ratify the checks issued before the new policy was effective in the amount of $13,263,718.45 (Attachment “B”).
13. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
14. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT (ZCA) NO. 22005 AMENDING CHAPTER 5.45 (MASSAGE ESTABLISHMENT) AND SECTIONS 9.115.020, 9.125.020, AND 9.140.020 OF TITLE 9 (ZONING AND
PLANNING) OF THE JURUPA VALLEY MUNICIPAL CODE UPDATING
PREEMPTED LANGUAGE, ESTABLISHING PENALTIES FO R
VIOLATIONS AND AMENDING APPEALS PROCESS FOR PERMIT
DENIALS AND REVOCATIONS, AND AMENDING THE ZONING CODE TO
ENSURE CONSISTENCY, AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Requested Action: That the City Council conduct a public hearing, receive public testimony, and introduce and conduct the first reading of Ordinance No. 2025-12, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
V ALLEY AMENDING CHAPTER 5.45 (MASSAGE ESTABLISHMENT)
(MASTER APPLICATION “MA” NO. 22233) AND SECTIONS 9.115.020,
9.125.020, AND 9.140.020 OF TITLE 9 (ZONING AND PLANNING) (ZONING CODE AMENDMENT “ZCA” NO. 24008) OF THE JURUPA V ALLEY
MUNICIPAL CODE UPDATING MASSAGE REGULATIONS CONSISTENT
WITH STATE LAW, ESTABLISHING PENALTIES FOR VIOLATIONS AND
AMENDING APPEALS PROCESS FOR PERMIT DENIALS AND
REVOCATIONS, AND AMENDING THE ZONING CODE TO REQUIRE A
MASSAGE ESTABLISHMENT PERMIT INSTEAD OF A SITE
DEVELOPMENT PERMIT, AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
BACKGROUND
B. ADOPT FIRE HAZARD SEVERITY ZONE MAPS FOR THE CITY PREPARED
BY THE STATE FIRE MARSHAL
3. Requested Action: That the City Council prior to consideration of the proposed Ordinance, the City Clerk randomly select Mayor Berkson, Mayor P ro Tem Regular City Council Meeting - June 5, 2025
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Barajas, or Council Member Sanchez pursuant to Section 18705 of the Regulations of the Fair Political Practices Commission to achieve a quorum for this Agenda Item since these three Council Members own residential property in the proposed Fire Hazard Severity Zones and three affirmative votes of the Council are required by State law to adopt the Ordinance.
4. That the City Council introduce the following Ordinance No. 2025-13:
ORDINANCE NO. 2025 -13 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY, CALIFORNIA ADOPTING THE FIRE HAZARD SEVERITY ZONE MAP AND ADDING CHAPTER 8.12 TO THE
JURUPA VALLEY MUNICIPAL CODE, FIRE HAZARD SEVERITY ZONE
MAP AND FINDING THE ORDINANCE EXEMPT FROM CEQA
C. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY TO
THE CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED (THE “DISTRICT”)
AS ZONE QQ (WEST COAST SELF STORAGE) AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY; LOCATED
AT THE NORTHWEST CORNER OF CLAY STREET AND GENERAL ROAD
Requested Action: That the City Council adopt Resolution No. 2025-57, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ORDERING THE ANNEXATION OF TERRITORY;
LOCATED AT THE NORTHWEST CORNER OF CLAY STREET AND
GENERAL ROAD, TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AS ZONE
QQ (WEST COAST SELF STORAGE), CONFIRMING A DIAGRAM AND
ASSESSMENT, ORDERING THE IMPROVEMENTS AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR
FISCAL YEAR 2025-26 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.
D. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY ZONE 2-I (ACTION PLUMBING SUPPLY) TO THE CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-
CONSOLIDATED (THE “DISTRICT”) AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY; EAST OF RIVERVIEW
DRIVE NORTH OF MISSION BLVD
Requested Action: That the City Council adopt Resolution No. 2025-58, entitled :
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ORDERING THE ANNEXATION OF TERRITORY ZONE 2 -I
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(ACTION PLUMBING SUPPLY); LOCATED EAST OF RIVERVIEW DRIVE
NORTH OF MISSION BOULEVARD, TO CITY OF JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1-
CONSOLIDATED, CONFIRMING A DIAGRAM AND ASSESSMENT,
ORDERING THE IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL YEAR 2025 -26 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.
E. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2024 -002
(COUNTRYSIDE ESTATES) GENERALY LOCATED EAST OF LIMONITE
AVE, WEST OF RIVERVIEW DRIVE, SOUTH OF MAVERICK LANE, AND
NORTH OF KLAWITTER ROAD
1. Requested Action: That the City Council open the public hearing and take testimony, if any.
2. Following the public hearing, staff recommends that the City Council adopt Resolution No. 2025-59, entitled:
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY, CALIFORNIA, TO ESTABLISH CITY OF
JURUPA VALLEY COMMUNITY FACILITEIS DISTRICT NO. 2024 -002 (COUNTRYSIDE ESTATES), TO ESTABLISH AN APPROPRIATIONS
LIMIT THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX
THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES TO
THE QUALIFIED ELECTORS THEREOF; AND
3. That the City Council adopt Resolution No. 2025-60, entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF JURUPA
VALLEY COMMUNITY FACILITEIS DISTRICT NO. 2024 -002
(COUNTRYSIDE ESTATES) PROPOSITIONS REGARDING THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE
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ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY
FACILITIES DISTRICT; AND
4. That the City Council adopt Resolution No. 2025-61, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITEIS
DISTRICT NO. 2024-002 (COUNTRYSIDE ESTATES) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND
5. That the City Council conduct a first reading and introduce Ordinance No. 2025- 14, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITEIS DISTRICT NO. 2024 -002 (COUNTRYSIDE ESTATES)
AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
15. COUNCIL BUSINESS
A. FISCAL YEAR 2025-2026 BUDGET STUDY SESSION FOLLOW-UP
Requested Action: That the City Council receive additional information requested during the Proposed Fiscal Year 2025- 2026 (FY2526) City Budget presented during the May 15, 2025 budget study session and to provide direction to staff.
16. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR BRIAN BERKSON
1. UPDATE ON THE RIVERSIDE TRANSIT AGENCY MEETING
OF MAY 22, 2025
2. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY – BOARD OF DIRECTORS
MEETING OF MAY 23, 2025
B. MAYOR PRO TEM BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
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GOVERNMENT MEETING OF JUNE 2, 2025
C. COUNCIL MEMBER GUILLERMO SILVA
1. UPDATE ON THE WESTERN RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY MEETING OF JUNE 2, 2025
17. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
18. CITY ATTORNEY’S REPORT
19. COUNCIL MEMBER REPORTS AND COMMENTS
20. ADJOURNMENT
Adjourn to the Adjourned Regular Meeting of Ju ne 26, 2025 at 7:00 p.m. in 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 and Minutes are posted on the City’s website at www.jurupavalley.org.
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STAFF REPORT
DATE: JUNE 5, 2025
TO: HONO
RABLE MAYOR AND CITY COUNCIL
FRO
M: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/COMMUNITY
DEVELOPMENT DIRECTOR
SUBJE
CT: AGENDA ITEM NO. 2.A
STUDY SESSION: LOW BARRIER NAVIGATION CENTERS (LBNCS) -
POTENTIAL GENERAL PLAN AMENDMENTS AND CHANGES OF
ZONE THAT WOULD RESULT IN LAND BEING DESIGNATED FOR
COMMERCIAL NEIGHBORHOOD (C-N) TO COMPLY WITH STATE LAW
AND HOUSING ELEMENT CERTIFICATION MANDATE TO PROVIDE
FOR LBNCS AND ZONING CODE AMENDMENT TO COMMERCIAL
NEIGHBORHOOD (C-N) ZONE
RECOMMENDATION
That the City Council receive and file a staff presentation on Low Barrier Navigation Centers (LBNCs) and provide input and direction to comply with State Law (Assembly Bill 101) and a Housing Element certification mandate to provide for LBNCs, and provide confirmation to continue with a consistency rezone of LUA 14.
BACKGROUND
State Law
Assembly Bill 101 (AB101) was enacted in 2019 and requires that cities allow “Low Barrier Navigation Centers” (LBNCS) by-right in mixed-use zones and non-residential zones permitting multi-family uses if specific requirements are met. LBNCs include housing and shelters where a resident at -risk for homelessness can live temporarily and receive services while waiting to move into permanent housing.
In addition to State Law, the California Department of Housing and Community Development (HCD) certified the City’s Housing Element contingent on the City meeting State law requirements for provisions for LBNCS.
The City Council conducted a study session on April 18, 2024 and requested that additional information be provided. Specifically, the following requests were noted:
A. Provide visual examples of LBNCS from other cities;
B. Identify additional sites that currently designated LI (Light Industrial) that could accommodate LBNCs;
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C. Provide an evaluation of potential impacts of LBNCs to surrounding residential areas;
D. Provide the development standards of the CN (Commercial Neighborhood) zone;
E. Amend the CN zone to remove drive-through restaurants, gas stations and car washes.
ANALYSIS
As requested by the City Council, the following information has been compiled:
A. Visual examples of LBNCs from other cities. LBNCs may be built as new development or by adaptively reusing an existing structure. In addition, s ome have also been constructed as temporary shelters. Examples of structural types of LBNCs, as well as informational brochures that describe operational features, are attached to this report as Attachment A. To summarize some of the attachments, the following table identifies the major features of 6 low-barrier navigation centers in California.
Three of the LBNCs are located in residential and/or commercial neighborhoods.
Central Cities Navigation Center i s located in an industrial neighborhood. The range of building size is between18,000 square feet to 40,000 square feet and the range of beds are 50 to 200.
All six LBNCs do not take walk -ins. There must be a referral from partner agencies, police departments, or local jurisdictions. Some or all offer transportation to and from the LBNCs, thereby limiting direct access and traffic.
TABLE 1: SUMMARY OF LBNCs
Names and Address Total
Building
Size (sq. ft.)
No. of
Beds
Opening
Date(s)
Ownership and
operator
Central Cities Navigation
Center
13871 West St., Garden
Grove
18,166 85 -100 Jun. 2024 Cities of Garden
Grove, Westminster,
and Fountain Valley
Meadowview Navigation
Center
2700 Meadowview Rd.
Sacramento, CA 95832
40,000 100
(limited to
female
occupancy)
Oct. 2020 Volunteers of America
Oceanside Navigation
Center
3131 Oceanside Blvd.,
Oceanside
19,518 50 Aug. 2023 Owner: City of
Oceanside; operator:
San Diego Rescue
Mission (SDRM)
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Names and Address Total
Building
Size (sq. ft.)
No. of
Beds
Opening
Date(s)
Ownership and
operator
Palm Springs Homeless
Navigation Center
3589 McCarthy Rd,
Palm Springs
Not Available 80 Oct. 2024 Owned and operated
by Martha’s Village and
Kitchen (nonprofit
organization)
Santa Ana Navigation
Center
2229 S Yale St., Santa Ana
39,000 200 Jun. 2022 Owned by County of
Orange and operated
by PATH (People
Assisting the
Homeless)
Visalia Navigation Center
3525 North Court St., Visalia
20,000 100 Oct. 2024 Community Services
Employment Training
(CSET) in partnership
with TC Hope
Exhibit A: Rendering of Visalia Navigation Center (Source: TC Hope)
Exhibit B: Rendering of Central Cities Navigation Center (Source: City of Garden Grove)
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Exhibit C: Central Cities Navigation Center
(Source: City of Westminster)
Exhibit D: Rendering of Palm Springs Homeless Navigation Center (Source: John Friedman Alice Kimm Architects)
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B. Additional potential LBNC locations designated as LI. Exhibit E Citywide Map of Potential Sites to be Rezoned to C-N includes the following sites:
• Sites A – C were presented to City Council on April 18, 2024. • Site D is a new site with General Plan land use designation Light Industrial as requested by City Council for consideration. Site D is located east of Van Buren Boulevard between Bain Street and Bellegrave Avenue and south of Union Street.
• Site E is a Land Use Amendment (LUA) 14 to be rezoned to C-N to be consistent with the General Plan’s land use designation of Commercial Neighborhood. LUA 14 is located on the east side of Clay Street. One parcel is located on the north of Linares with Gold Star and second parcel is located on the south side of Linares.
See Table 2 Summary of Potential Sites for additional information.
Exhibit E: Citywide Map of Potential Sites to be Rezoned to C-N*
*General location of sites
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TABLE 2: SUMMARY OF POTENTIAL SITES
Site Location Accessory Parcel
Number(s)
Existing GP
Land Use
Designation
Existing Zone Total
Acreage
A* NW corner of
Hall Ave. and
26th St.
178-160-006 – 7.86
178-160-007 – 4.99
178-160-010 – 0.29
178-160-011 – 0.59
178-160-012 – 1.92
178-160-013 – 0.06
178-160-014 – 0.06
Light
Industrial
Manufacturing -
Service Commercial
(M-SC)
15.77 B* 3 non-
contiguous
parcels on
Mission Blvd.
between
Campbell &
Hunter
170-190-014
170-260-023
170-190-029
Commercial
Retail
General Commercial
(C-1/C-P)
6.64 C* North side of
Limonite
between
Etiwanda Ave.
and Ridgeview
Ave.
161-300-013
161-300-014
161-300-015
Commercial
Retail
Scenic Highway
Commercial (C-P-S)
2.83 D South end of
Bain Street,
north of Van
Buren Blvd.
170-320-018 Light
Industrial
Manufacturing -
Service Commercial
(M-SC)
2.01 E East of Clay on
both sides of
Linares Ave.
(LUA 14)
163-400-050 Commercial
Neighborhood
Industrial Park (I-P
*Note: Maps and descriptions of Sites A, B and C are provided in Attachment D.
Site D (Bain Street): Site D is a 2.1-acre irregularly shaped parcel located at the south end of Bain Street, north of Van Buren Boulevard (see Exhibit F below). A drainage channel, Union Pacific Railroad (UPRR) tracks, along with Van Buren Boulevard are located directly south of the property. Land uses surrounding the site are considered light industrial and manufacturing uses to the west and include storage of semi-trucks to the north and east. State Route 60 lies beyond the UPRR directly to the south.
Scattered single-family homes are located farther north. All parcels in close proximity to the site are zoned M-SC (Manufacturing Service-Commercial). As specified by the City Council, the site has a General Plan land use designation of Light Industrial (LI) and is currently vacant.
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EXHIBIT F: AERIAL PHOTO OF SITE D
Although the site could accommodate a new LBNC, the challenges would be providing road improvements on Bain Street and determining if the existing railroad spur improvements could be retained. Coordination with Union Pacific Railroad would be necessary for development on this site.
To satisfy State LBNC requirements, a General Plan Amendment (GPA) and Change of Zone (CZ) to Commercial Neighborhood (CN) would be required for this property. If a GPA and CZ were approved, the site has potential to be developed with neighborhood commercial uses as well as an LBNC. Construction of resident- serving businesses could benefit the existing residents north of Union Street.
However, it should be noted that according to the State LBNC criteria, the facility should have easy access to public transit and commercial uses to foster an increase in opportunities for LBNC resident employment. This site would have limited access to public transit as well as limited access to commercial uses. Such features are recommended to promote employment opportunities for the residents of the LBNC.
Site E (LUA 14). Site E is located on the east side of Clay Drive immediately north and south of Linares Avenue. See Exhibit H for photograph of site. Site E consists of the Gold Star restaurant on the parcel to the north of Linares and a vacant site to the south of Linares.
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Site E is located within LUA 14 and planned to be rezoned for consistency with the General Plan land use designation of Commercial Neighborhood. The site is next to a large, well-established single-family neighborhood to the east and across the street is a newer community, Rock Rose and Bayberry Pointe. Directly to the north of Site E is a recently entitled townhome project named Serrano Oaks. The Serrano Oaks site was originally part of LUA 14 prior to the approval of the entitlement. In 2017, City Council redesignated the site to CN and provided direction to proceed with a change of zone from IP (Industrial Park) to CN.
EXHIBIT H: AERIAL PHOTO OF SITE E
Rock Rose and Bayberry Point
Serrano Oaks
Site E
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Pending Multi-family Development Project on Site E (southern parcel) In November of 2024, the City received a Site Development Permit (MA24307) application for a proposed 46- unit apartment complex on the southern parcel of Site E . The Community Development Director has authority to take action on the Site Development Permit. With the proposed apartment complex, the applicant proposes to construct the complex south of the easement. At the time of this report, the application is pending a second review and the tentative date of action is middle to late summer of 2025.
C. Evaluation of potential impacts to nearby residents.
In April 2024, the City Council asked that potential impacts to neighboring residences be identified. A comprehensive review of potential impacts is difficult to complete without the scope of the low barrier navigation center. Generally , the possible impacts on residential neighborhoods could include the following:
• Increased noise, glare and lighting
• Parking
• Traffic and congestion
As part of the Code amendment, it is recommended to require LBNCs to comply with existing objective development standards for multiple- family dwellings and create new objective standards specifically for LBNCs to address or minimize potential impacts.
D. Provide the development standards of the C-N (Commercial Neighborhood) zone.
As requested by the City Council, the following development standards have been excerpted from the Municipal Code,
Sec. 9.132.030. - Development standards:
• Lot size. The minimum lot size shall be six thousand (6,000) square feet with a minimum average lot width of sixty (60) feet, minimum average lot depth of ninety (90) feet and minimum lot frontage width of forty (40) feet. • Height. The maximum height of all structures, including buildings, shall be thirty-five (35) feet. The maximum lot coverage shall be seventy -five (75) percent of gross lot area. The maximum floor area ratio (FAR) shall not exceed one and one -half (1.5). For properties with residential units, the maximum density shall be eight (8) dwelling units per acre (du/A). • Landscaping. A minimum fifteen (15) percent of the site shall be landscaped and maintained, and automatic irrigation shall be installed . • Street setback. A minimum twenty -five-foot setback shall be required on any street. A minimum ten -foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setback may be used for off - street automobile parking, driveways or landscaping.
• Side yard setback. The minimum side yard setback shall equal not less than ten (10) feet for the two (2) side lot areas combined.
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• Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet. • Grocery, liquor and specialty foods. In the C -N Zone, grocery liquor and specialty food stores under three thousand (3,000) square feet are allowed. • Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping. They shall be located in such a manner as to minimize noise or odor nuisance. Block walls or other fencing may be required. Barbed wire or concertina wire shall not be allowed. • Outside storage. Outside storage shall be screened with structures or landscaping. Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. If a non-screened exhibit of products is proposed, it shall be part of the industrial park site development permit approved pursuant to Section [9.145.040], and shall be set back at least ten (10) feet from the street line. • Parking. Parking shall be provided as required by Section [9.240.120]. • Utilities. All new utilities shall be underground.
• Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet.
• Signs. All signs shall be in conformance with Chapter 9.245 . • Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.
Other Development Standards
As an alternative to the application of the C -N development regulations, it may be desirable to establish objective development standards that would result in a more residential appearance and more applicable to LBNCs. LBNC law does not explicitly state that cities can impose objective development standards. To the extent, however, that a low barrier navigation center can be characterized as either transitional or supportive housing, Government Code section 65583(c)(3) states that “Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.”
It may be interpretated that LBNCs can be built subject to the same restrictions (i.e., development standards) that apply to other residential dwellings of the same type in the same zone. If the City Council desires that LBNCs be developed with residential scale and characteristics, the Municipal Code should be amended to specify that such facilities be subject to the same development standards as a multi -family use. A copy of Section
9.240.545 (Development Standards - Multiple Family dwellings ) is included with this report as Attachment B.
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In addition to the multi -family dwelling development standards, it may be desirable to establish other LBNC specific regulations. Examples of development standards are regulations for lighting, security, service provider, and proximity to other shelters. Two other jurisdictions adopted objective development standards specifically for LBNCs.
Attachment C includes copies of standards from the County of Humboldt and County of Orange.
D. Amend the C-N zone to remove drive-through restaurants, gas stations and car washes as permitted uses.
As part of the development of a new ordinance to allow LBNCS in the C -N Zone, the provisions for the noted uses should be removed.
CONCLUSION
Should the City Council choose to select a site, or sites, to be redesignated as Commercial-Neighborhood (C -N), the next steps would include analysis and public hearings to:
1) C hange the General Plan Land Use Designation (if necessary) of the site(s) to C-N; 2) Change the zone of the site(s) to C-N;
3) Amend the C-N zone to include LBNCs as a permitted use subject to a ministerial permit and update other permitted uses;
4) Add definition(s) , procedures, and development standards to process Low Barrier Navigation Centers.
In addition to the above steps, it is requested that the City Council provide confirmation to continue proceeding with a consistency rezone of LUA 14 or consider a different General Plan land use designation and consistent zone.
NOTICING REQUIREMENTS
The City Council discussion of this item does not require a public notice. However, upon implementation of the recommended actions, public notice would be provided to each impacted owner and to all property owners within a 1,000-foot radius of the subject property or properties.
ENVIRONMENTAL REVIEW
A Study Session discussion and direction is not subject to the California Environmental Quality Act.
FINANCIAL IMPACT
Costs associated with this project were included in FY 24- 25 and 25- 26 budgets for Community Development.
ALTERNATIVES
1. Recommended Action : That the City Council discuss and provide direction regarding the (1) redesignations of selected site(s) to Commercial-Neighborhood, (2) amendment to C-N zone to permit Low Barrier Navigation Centers, (3) whether or not to revise provisions of the C-N Zone including the deletion of uses no longer Regular City Council Meeting - June 5, 2025
Page | 12
considered desirable, and (4) confirm a consistency rezone for LUA 14 (Site E) or another General Plan land use designation and rezone.
2. Decline t o discuss the selection of property for C -N zone and Low Barrier Navigation Centers.
3. Defer action and request additional information.
**************************
SIGNATURES ON FOLLOWING PAGE ************************** Regular City Council Meeting - June 5, 2025
Prepared by:
Joe Perez
Assistant City Manager/Community
Development Director
Reviewed by:
Finance Director
Reviewed by:
Michael Flad
Assistant City Manager
ATTACHMENTS
Submitted by:
--/Jd_J&.-&ifuv
Rod Butler
City Manager
Reviewed by:
Peter Thorson
City Attorney
A. Visual examples of LBNCs and information from other cities B. Municipal Code Section 9.132.030 (Objective Multi-Family Development Standards)
C. Humboldt and Orange County LBNC Development Standards D. Information on City Council previously reviewed Sites A, Band C Page I 13
-=-- www.jurupavalley.org
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11 A. AGENDA ITEM
D RAFT
Page - 1 -
MINUT
ES
REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, May 1, 2025
8930 Limonite Avenue, Jurupa Valley, CA 92509
7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Brian Berkson, Mayor
● Chris Barajas, Mayor Pro Tem
● Armando Carmona, Council Member
● Veronica Sanchez, Council Member
● Guillermo Silva, Council Member
Ma
yor Brian Berkson called the regular meeting to order at 7:00 p.m. Mayor Brian Berkson participated remotely from the JW Marriott Desert Springs Resort, 74-855 Country Club Drive, Palm Desert, CA.
2. I
NVOCATION
There was no invocation.
3. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Chris Barajas.
4. APPROVAL OF AGENDA
A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to approve the Agenda.
Roll Call:
Ayes: B. Berkson, C. Barajas, A. Carmona, V. Sanchez, G. Silva Noes: None
Absent: None
5. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES –
INTRODUCTION OF “PET OF THE MONTH”
”Bubba” a 6 year-old male Pit Bull mix who has been at the shelter for over 30 days was introduced to the Council. Anyone interested in giving Bubba a home is encouraged to contact the City’s Animal Control Services Department at https://www.rcdas.org.
RETURN TO AGENDA
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B. MUNICIPAL CLERK WEEK PROCLAMATION
Mayor Brian Berkson and City Council proclaimed the week of May 4 th through May 10th, 2025 as the 56 th Annual Municipal Clerks Week in the City of Jurupa Valley. Evelyne Ssenkoloto, Interim City Clerk accepted the proclamation.
C. PUBLIC WORKS WEEK PROCLAMATION
Mayor Brian Berkson and City Council proclaimed the week of May 18th through May 24th , 2025 as Public Works Week in the City of Jurupa Valley. David French, Deputy Director of Public Works accepted the proclamation.
6. PUBLIC APPEARANCE/COMMENTS
Melisa Flores, California State University, Sa n Bernardino student spoke on water safety and advocating for stronger local action around AB1313 to address commercial stormwater pollution.
Irene Rodriguez thanked Council Member Armando Carmona for being proactive in the community more especially regarding his quick response to the recent downed power/cable lines in the streets.
Laura Shultz, announced upcoming events in the community: Escaramuza Caballo de Palo Recreation Class to be held May 3, 2025 through May 17, 2025; Hoof, Paws, Claws & Community to be held on Saturday, May 17, 2025 from 1:00 p.m. to 5:00 p.m.
7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Armando Carmona commended Public Works Department, Code Enforcement Manager Irwin Salas and Code Enforcement Supervisor Ryan Batista on an excellent job responding to illegal dumping and encampments in the community. He announced the upcoming first Saturday of the month community-clean up event to be held on Saturday, May 3, 2025 from 7:00 a.m. to 10:00 a.m. The City of Jurupa Valley works closely with the Riverside County Regional Park and Open Space District on the community clean-up efforts.
Mayor Pro Tem Chris Barajas announced the upcoming Jurupa Valley Pro Rodeo to be held on June 6th and June 7th, 2025.
Mayor Brian Berkson thanked the City of Jurupa Valley Chamber of Commerce for hosting the 13
th Annual Mayor’s Prayer Breakfast in observance of the National Day of Prayer.
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8. CITY MANAGER’S UPDATE
City Manager Rod Butler announced the upcoming events: 2nd Annual Public Works Open House to be held on Saturday, May 10, 2025 from 9 a.m. to 1 p.m. at Jurupa Valley Operations Center; Code Enforcement Community Meeting for District 4 on Wednesday, May 21, 2025 from 6 p.m. to 7 p.m. at Jurupa Valley Operations Center; The City‘s Community Development Department to launch the new Home Recognition Award Program, celebrating homeowners who go above and beyond to beautify and maintain their properties (nominations are being accepted through May 31, 2025).
9. APPROVAL OF MINUTES
A. APRIL 14, 2025 SPECIAL MEETING
B. APRIL 21, 2025 SPECIAL MEETING
A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Armando Carmona, to approve the minutes of April 14, 2025 and April 21, 2025 Special Meetings.
Roll Call:
Ayes: B. Berkson, C. Barajas, A. Carmona, V. Sanchez, G. Silva Noes: None
Absent: None
10. CONSENT CALENDAR
The following Consent Calendar Items were pulled for discussion: B, C, E, F, G, H, J, and K.
Staff provided additional information and responded to Council’s questions regarding the Consent Calendar Items.
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
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B. CONFIRM THE AUTOMATIC ANNUAL INCREASE IN THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE
APPLICABLE TO ALL DEVELOPMENTS IN THE PLAN AREA
PURSUANT TO JURUPA VALLEY MUNICIPAL CODE SECTION
3.80.050.D
That the City Council adopt Resolution No. 2025-36, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY AMENDING RESOLUTION NO. 2025 -36 AND CONFIRMING
THE AUTOMATIC ANNUAL INCREASE IN THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
LOCAL DEVELOPMENT MITIGATION FEE APPLICABLE TO ALL
DEVELOPMENTS IN THE PLAN AREA PURSUANT TO JURUPA
VALLEY MUNICIPAL CODE SECTION 3.80.050.D AND MAKING CEQA
FINDINGS
C. INITIATION OF CODE AMENDMENTS TO TITLE 9 OF THE CITY’S
MUNICIPAL CODE TO REORGANIZE ALL CHAPTERS AND
SECTIONS AND MINOR CODE AMENDMENTS TO CLARIFY USES,
PROCESSES, DEVELOPMENT STANDARDS, AND DEFINITIONS
Requested Action: That the City Council initiate amendments to Title 9 (Planning and Zoning) to include the reorganization of existing chapters and sections as well as minor code amendments to clarify uses, processes, certain development standards, definitions, and associated language.
D. NOTICE OF COMPLETION FOR 2023 -2024 PAVEMENT
REHABILITATION PROJECT (ARPA PROJECT) CIP #23111 IN THE
CITY OF JURUPA VALLEY
Requested Action: That the City Council approve the Notice of Completion and accept the 2023- 2024 Pavement Rehabilitation (ARPA) Project, Project No. 23111, and authorize the City Clerk to record the Notice of Completion
E. ADOPTION OF THE FIVE-YEAR MEASURE ‘A’ LOCAL STREETS AND
ROADS CAPITAL IMPROVEMENT PROGRAM
Requested Action: That the City Council adopt Resolution No. 2025-37, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ADOPTING THE FIVE -YEAR MEASURE “A” Regular City Council Meeting - June 5, 2025
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LOCAL STREETS AND ROADS CAPITAL IMPROVEMENT PROGRAM
FOR FISCAL YEARS 2025/2026 THROUGH 2029/2030
F. RELEASE OF FAITHFUL PERFORMANCE BOND, AND MATERIAL
AND LABOR BOND FOR PARCEL MAP 37614 LOCATED ON THE
NORTHWEST CORNER OF CANTU GALLEANO RANCH ROAD AND
ETIWANDA AVENUE (HJ AND PE INVESTMENT)
Requested Action:That the City Council:
1. Authorize the City Manager to record the Notice of Completion now that public improvements have been accepted by the City Engineer; and
2. Direct the City Engineer to release the remaining bonds for the Faithful Performance, and the Material and Labor for street improvements.
G. APPROVAL OF TRACT MAP NO. 36947 EMERALD RIDGE NORTH
LOCATED NORTH OF SR-60, WEST OF CANAL STREET, SOUTH OF 28 TH
STREET, AND EAST OF THE RIO VISTA SPECIFIC PLAN, ACCEPTANCE
OF OFFERS OF DEDICATION, APPROVAL OF SUBDIVISION
AGREEMENTS, AND ACCEPTANCE OF IMPROVEMENT BONDS
Requested Action: That the City Council:
1. Approve Tract Map 36947 and accept the dedication as follows:
a. Accept the real property described as an easement for public street and utility purposes for Lot “A” (La Canada Drive) Lot “B” (Overlook Court) Lot “C” (Evergreen Court) Lot “D” (Crystal Peak Court) Lot “E” (Valley Vista Court) Lot “F” (Vista Ridge Court) Lot “G” (Saphire Court) Lot “H” ( Serene Skies Court) Lot “I” (Emerald Way) Lot “J “( Pine Crest Street) and Lot “K” (28
th Street).
b. Accept the real property dedicated in fee, described as Lots 192 and 196 for basin purposes.
c. Accept easements “A” & “C” shown on Tract Map 36947 for public utility and maintenance and access
2. Authorize the Mayor and City Clerk to sign Tract Map 36947
3. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreements; and
4. Accept the surety bonds for construction of related off -site improvements and survey monumentation.
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H. ADOPTION OF RESOLUTIONS REGARDING THE ANNEXATION OF
TERRITORY TO THE CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED
(THE “DISTRICT”) AS ZONE 2 -I (ACTION PLUMBING SUPPLY) AND
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH
TERRITORY; GENERALLY LOCATED ON RIVERVIEW DRIVE,
NORTH OF MISSION BOULEVARD.
Requested Action:
1) That the City Council adopt Resolution No. 2025-38, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED AS ZONE 2 -I (ACTION PLUMBING SUPPLY) AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR
FISCAL YEAR 2025-2026 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE AND ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
2) That the City Council adopt Resolution No. 2025-39, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THE REPORT OF THE ENGINEER
REGARDING THE PROPOSED ANNEXATION OF TERRITORY TO
CITY OF JURUPA VALLEY LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED AS ZONE 2 -I (ACTION PLUMBING SUPPLY) AND THE LEVY AND COLLECTION
OF ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY
LIGHTING DISTRICT NO. 89-1-CONSOLIDATED FOR FISCAL YEAR 2025-2026
3) That the City Council adopt Resolution No. 2025-40, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX
TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED AS ZONE 2 -I (ACTION PLUMBING SUPPLY) AND TO LEVY AND
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COLLECT ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL
YEAR 2025 -2026 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
AND ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION AND
APPOINTING A TIME AND PLACE FOR HEARING PROTESTS
I. ADOPTION OF RESOLUTIONS REGARDING THE ANNEXATION OF
TERRITORY TO THE CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED
(THE “DISTRICT”) AS ZONE QQ (WEST COAST SELF STORAGE) AND
THE LEVY AND COLLECTION OF ASSESSMENTS WI THIN SUCH
TERRITORY; LOCATED AT THE NORTHWEST CORNER OF CLAY
STREET AND GENERAL ROAD
Requested Action:
1. That the City Council adopt Resolution No. 2025-41, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED AS
ZONE QQ (WEST COAST SELF STORAGE) AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY FOR
FISCAL YEAR 2025-2026 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE AND ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
2. That the City Council adopt Resolution No. 2025-42, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THE REPORT OF THE ENGINEER
REGARDING THE PROPOSED ANNEXATION OF TERRITORY TO
CITY OF JURUPA VALLEY LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED AS ZONE QQ
(WEST COAST SELF STORAGE) AND THE LEVY AND COLLECTION
OF ASSESSMENTS WITHIN THE CITY OF JURUPA VALLEY
LIGHTING DISTRICT NO. 89 -1-CONSOLIDATED FOR FISCAL YEAR 2025-2026
3. That the City Council adopt Resolution No. 2025-43, entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX
TERRITORY TO CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED AS
ZONE QQ (WEST COAST SELF STORAGE) AND TO LEV Y AND
COLLECT ASSESSMENTS WITHIN SUCH TERRITORY FOR FISCAL
YEAR 2025 -2026 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
AND ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION AND
APPOINTING A TIME AND PLACE FOR HEARING PROTESTS.
J. APPROVAL OF A RESOLUTION TO ESTABLISH A POLICY WHICH
DELEGATES SETTLEMENT AUTHOR ITY OF TORT LIABILITY
CLAIMS
Requested Action: That the City Council
1. Adopt and approve the attached Resolution No. 2025-44 to establish a policy which delegates settlement authority of tort liability claims, $10,000 to PERMA and $50,000 to the City Manager, or designee.
2. Authorize the City Manager, or designee, to execute the Department of Justice documents including the ability to make minor non- substantive changes, if applicable.
City Attorney Maricela Marroquin for the record, announced that requested action No. 2 had a typo and should read as follows:
2. Authorize the City Manager, or designee, to execute the PERMA documents including the ability to make minor non-substantive changes, if applicable.
Discussion ensued regarding delegated authority to PERMA, justification for the increase from $25,000 to $50,000 for City Manager’s authority; claims settlement amount in the last one year; retention and liability numbers; and pending settlements.
Council Member Carmona requested the following:
1. Settlement authority of tort liability claims for the City Manager to be increased to $35,000 and not $50,000 as stated in the staff report and resolution.
2. Requested a quarterly litigation/claims report that outlines the status of each claim.
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By consensus and there being no further comments City Council agreed to add the above requests to the consent calendar motion.
K. APPROVAL OF A RESOLUTION TO ESTABLISH ACCESS TO STATE
FEDERAL AND LOCAL CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT, LICENSING OR CERTIFICATION
1. Adopt and approve the attached Resolution No.2025-45 to request access to summary criminal history information (resulting from live scan fingerprints) for employment including volunteers and contracted employees from the Department of Justice.
2. Authorize the City Manager, or designee , to execute the Department of Justice documents including the ability to make minor non-substantive changes, if applicable.
By Consensus and there being no further comments, a motion was made by Mayor Pro Tem Chris Barajas , seconded by Council Member Armando Carmona to approve the Consent Calendar with the following changes to Consent Calendar Item – J. as follows:
1. Settlement authority of tort liability claims for the City Manager to be increased to $35,000 instead of $50,000 as stated in the staff report and resolution; and
2. A quarterly litigation/claims report that outlines the status of each claim to be provided to City Council.
Roll Call:
Ayes: C. Barajas, B. Berkson, A. Carmona, V . Sanchez, G. Silva Noes: None
Absent: None
11. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
12. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING
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FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-011 (PUBLIC
SAFETY, LAS PALMAS) GENERALLY LOCATED NORTH-EAST OF THE INTERSECTION OF 45TH STREET AND OPAL STREET
Mayor Pro Tem Chris Barajas opened the public hearing.
There were no public comments received on Public Hearing Item A.
There being no further comments, the public hearing was closed.
A motion was made by Council Member Guillermo Silva , seconded by Mayor Pro Tem Chris Barajas, to adopt Resolutions Nos. 2025-46 and 2025-47, entitled:
RESOLUTION NO. 2025-46 – A RESOLUTION OF FORMATION OF THE
CITY COUNCIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, TO
ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITEIS
DISTRICT NO. PS 2024 -011 (PUBLIC SAFETY, LAS PALMAS), TO
ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO
SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND
THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
THEREOF; AND
RESOLUTION NO. 2024-47 – A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY, CALIFORNIA, CALLING A SPECIAL
ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF
CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-011 (PUBLIC SAFETY, LAS PALMAS) PROPOSITIONS REGARDING
THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE
ANNUAL LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY
FACILITIES DISTRICT; AND
ROLL CALL:
Ayes: B. Berkson, C. Barajas, A. Carmona, V. Sanchez, G. Silva Noes: None
Absent: None
At the request of Mayor Pro Tem Chris Barajas, the Interim City Clerk responded that one owner cast one ballot. All votes cast were in favor of the special taxes.
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A motion was made by Council Member Guillermo Silva , seconded by Mayor Pro Tem Chris Barajas to adopt Resolution No. 2025-48, entitled:
RESOLUTION NO. 2025-48 – A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-011 (PUBLIC SAFETY,
LAS PALMAS) AND DIRECTING THE RECORDING OF A NOTICE OF
SPECIAL TAX LIEN; AND
ROLL CALL:
Ayes: B. Berkson, C. Barajas, A. Carmona, V. Sanchez, G. Silva Noes: None
Absent: None
A motion was made by Council Member Guillermo Silva , seconded by Mayor Pro Tem Chris Barajas, to introduce Ordinance No. 2025-09, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTICT NO. PS 2024 -011 (PUBLIC SAFETY, LAS PALMAS)
AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
ROLL CALL:
Ayes: B. Berkson, C. Barajas, A. Carmona, V. Sanchez, G. Silva Noes: None
Absent: None
B. PUBLIC HEARING TO HEARING TO CONSIDER GENERAL PLAN
AMENDMENT (GPA) NO. 25002 TO ADOPT THE PEDLEY TOWN
CENTER PLAN AS AN “AREA PLAN” OF THE CITY OF JURUPA
VALLEY GENERAL PLAN AND AN ADDENDUM TO THE GENERAL
PLAN FEIR PURUSANT TO CEQA GUIDELINES SECTION 15164
Requested Action: That City Council adopt Resolution No. 2025-49 entitled:
RESOLUTION NO. 2025 -49 – A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF JURUPA V ALLEY ADOPTING THE
PEDLEY TOWN CENTER PLAN, AND AN ADDENDUM TO THE
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT
PURSUANT TO CEQA GUIDELINES SECTION 15164
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Page - 12 -
Staff Report presented by Jean Ward from Civic Solutions.
Ms. Ward gave an overview of the Pedley Town Center Plan which included the following: purpose, vision and set of recommendations and strategies for public and private investment; process and community engagement; General Amendment process to adopt the plan as an “Area Plan”; Pedley Town Center goals, priorities and vision statement; public realm and focus area opportunities and strategies; plan organization; and Environmental Review and Planning Commission recommendation.
Mayor Brian Berkson opened the public hearing.
Kristy Crawford-Estrada requested clarification on future plans for the field along Limonite. Staff provided additional information and responded to Ms. Estrada’s questions.
There being no further comments, the public hearing was closed, Further discussion followed.
Council Member Armando Carmona requested a number of modification s on the Pedley Town Center Plan.
By consensus the City Council agreed to the following:
1. City Council to provide a list of requested modifications/concerns to staff to make changes;
2. Keep the public hearing closed, and staff to bring the item back to city council – (meeting date undefined); and
3. Per legal counsel, with the meeting date uncertain, the hearing will have to be re- noticed.
Following discussion, a motion was made by Mayor Pro Tem Chris Barajas, seconded by Mayor Brian Berkson to continue Public Hearing Item B off calendar with a date uncertain; staff to redesign and bring the item back to city council with recommendations requested by Council Member Armando Carmona and any other council member; and the public hearing to be re- noticed.
ROLL CALL
Ayes: C. Barajas, B. Berkson, A. Carmona, V. Sanchez, G. Silva Noes: None
Absent: None
13. COUNCIL BUSINESS
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14. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR BRIAN BERKSON
1. Mayor Brian Berkson gave an update on t he Metrolink / Southern California Regional Rail Authority – Board of Directors Meeting of April 25, 2025.
2. Mayor Brian Berkson gave an update on The Riverside Transit Agency Meeting of April 24, 2025.
15. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
Request from Mayor Berkson to Schedule a Future Discussion of Whether the City Should Provide a Proposal Regarding the Long- Term Financial and Operational Sustainability of the Jurupa Mountains Discovery Center (JMDC).
Mayor Berkson presented the report. He requested a consensus from City Council to direct staff to analyze and present to council a plan for the city to take over Jurupa Mountains Discovery Center (JMDC).
For the record, one written communication was received from Pam Waller in opposition .
There were no oral public comments.
By consensus the City Council agreed to direct staff to analyze and present to council a plan for the city to take over Jurupa Mountains Discovery Center (JMDC):
Ayes: B. Berkson, A. Carmona, V. Sanchez
Noes: C. Barajas, G. Silva
Absent: None
Council Member Guillermo Silva requested that a future item be brought back for review and discussion regarding street takeovers. Street takeovers are illegal gatherings where individuals illegally occupy a street, often for the purpose of driving recklessly, engaging in stunts, or racing.
16. CITY ATTORNEY’S REPORT
City Attorney Maricela Marroquin had no report.
17. COUNCIL MEMBER REPORTS AND COMMENTS
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Council Member Guillermo Silva wished all mothers a Happy Mother’s Day.
Mayor Pro Tem Chris Barajas wished all mothers a Happy Mother’s Day.
Council Member Armando Carmona wished his wife and all mothers a Happy Mother ’s Day. He reminded the community of the upcoming first Saturday of the month community- clean up event to be held on Saturday, May 3, 2025 from 7:00 a.m. to 10:00 a.m. The City of Jurupa Valley works closely with the Riverside County Regional Park and Open Space District on the community clean-up efforts.
Mayor Brian Berkson reminded the community that the last two performances of "Frozen:
The Musical" will be on Friday, May 2, 2025 and Saturday, May 3, 2025 at 6:00 p.m. at Patriot High School.
18. ADJOURNMENT
There being no further business before the City Council, Mayor Brian Berkson adjourned the meeting at 9:09 p.m. to the May 15, 2025, Regular City Council Meeting at 7:00 p.m. in the City Council Chambers located at 8930 Limonite Avenue, Jurupa Valley, CA 92509.
THE FOREGOING MINUTES WERE APPROVED BY THE CITY COUNCIL ON THE 15
th DAY OF MAY 2025.
____________________________
Evelyne Ssenkoloto, CMC
Interim City Clerk
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12774-0007 3026000.2 Page 1 of 19
ORDINANCE NO. 2025-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY AMENDING CHAPTER 9.245 OF THE JURUPA VALLEY
MUNICIPAL CODE ESTABLISHING FIVE SPECIAL OUTDOOR
ADVERTISING DISPLAY OVERLAY AREAS AND MODIFYING THE
OUTDOOR ADVERTISING DISPLAY OVERLAY MAP, ALLOWING
OUTDOOR ADVERTISING DISPLAYS WITHIN 750 FEET OF A CITY
BOUNDARY, UPDATING STANDARDS FOR OUTDOOR ADVERTISING
DISPLAYS, AND AMENDING THE PROCESSING PROCEDURES FOR
ONSITE SIGNAGE IN THE RUBIDOUX TOWN CENTER, AND MAKING
A FINDING OF EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. Zoning Code Amendment. The City Council of the City of Jurupa Valley does hereby find, determine, and declare that:
(a) Section 9.245.030 of the Jurupa Valley Municipal Code regulates the location and development standards for outdoor advertising displays. Section 9.245.030 also establishes the Special Outdoor Advertising Display Overlay Areas Zone Map, which is being renamed the Special Outdoor Advertising Display Area Map (“Map”). (b) On January 18, 2024, at a regular City Council meeting, the City Council initiated amendments to the Jurupa Valley Zoning Code to modify the Map. (c) The Zone Code Amendment No. 24006 (ZCA24006) will amend Jurupa Valley Municipal Code Section 9.245.030 to (1) clarify the procedural provisions of the section related to the establishment and relocation of outdoor advertising displays, (2) establish five (5) Special Outdoor Advertising Display Areas running along the City’s major highways and arterial streets, (3) allow outdoor advertising displays within 750 feet of a City boundary, (4) update the Map to clearly illustrate the locations where outdoor advertising displays are located or can be erected within the City, and (5) update the onsite signage regulations for the Rubidoux Town Center (“Zoning Code Amendment”).
(d) Section 9.285.010 of the Jurupa Valley Municipal Code provides that amendments to Title 9 may be initiated by either the Planning Commission or the City Council. (e) Section 9.285.010 of the Jurupa Valley Municipal Code provides that amendments to Title 9 shall be made in accordance with the procedure set forth in Government Code Section 65800 et seq., as now enacted and hereafter amended, and the requirements of Chapter 9.285.
(f) Section 9.285.030 of the Jurupa Valley Municipal Code provides that amendments to Title 9 of the Jurupa Valley Municipal Code that propose to regulate the use of buildings, structures, and land as between industry, business, residents, open space, and other RETURN TO AGENDA AGENDA ITEM NO. 12.B
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12774-0007 3026000.2 Page 2 of 19
purposes, and that propose to regulate the use of lots, yards, courts, and other open spaces, shall be adopted in the manner set forth in Section 9.285.040. Further, Government Code Section 65853 provides that an amendment to a zoning ordinance, which amendment proposes to impose any regulations listed in Government Code Section 65850 not theretofore imposed, must be adopted in the manner set forth in Government Code Sections 65854 to 65857, inclusive.
Government Code Section 65850(b) identifies the regulation of signs and outdoor advertising displays.
(g) Section 9.285.040 of the Jurupa Valley Municipal Code provides that the Planning Commission must hold a public hearing on the proposed amendment. After closing the public hearing, the Planning Commission must render its decision within a reasonable time and transmit it to the City Council in the form of a written recommendation, which must contain the reasons for the recommendation. If the Planning Commission does not reach a decision due to a tie vote, that fact must be reported to the City Council and the failure to reach a decision shall be deemed a recommendation against the proposed amendment. (h) Government Code Section 65853 provides that when the legislative body has requested the planning commission to study and report upon an amendment to the zoning ordinance and the planning commission fails to act upon such request within a reasonable time, the legislative body may, by written notice, require the planning commission to render its report within 40 days. Upon receipt of the written notice, the planning commission, if it has not done so, shall conduct the public hearing as required by Section 65854. Failure to so report to the legislative body within the above time period shall be deemed to be approval of the proposed amendment to the zoning ordinance.
(i) Government Code Section 65854 provides that the planning commission shall hold a public hearing on the proposed amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Government Code Section 65090. (j) Government Code Section 65855 provides that after the hearing, the planning commission shall render its decision in the form of a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed amendment to the general plan, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body.
Section 2. Procedural Findings.
(a) The Zoning Code Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On March 20, 2025, legal advertisements were published in the Press Enterprise.
(c) On April 9, 2025, the Planning Commission of the City of Jurupa Valley held a duly noticed public hearing on the proposed Zoning Code Amendment outlined in this Ordinance, at which time all persons interested in the Zoning Code Amendment had the opportunity to address the Planning Commission on these matters. Following the receipt of Regular City Council Meeting - June 5, 2025
12774-0007 3026000.2 Page 3 of 19
public testimony, the Planning Commission closed the public hearing and adopted Resolution No. PC-2025-05 recommending approval of the Zoning Code Amendment. (d) On May 15, 2025, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Zoning Code Amendment outlined in this Ordinance, at which time all persons interested in the Zoning Code Amendment had the opportunity to address the City Council on these matters. Following the receipt of public testimony, the City Council closed the public hearing.
(e) All legal preconditions to the adoption of this Ordinance have occurred.
Section 3. California Environmental Quality Act Findings. The City Council of the City of Jurupa Valley makes the following environmental findings and determinations in connection with the approval of the project:
(a) Under the California Environmental Quality Act (“CEQA”), and the CEQA Guidelines promulgated thereunder, and the City’s local CEQA Guidelines, Community Development Department Staff has determined that the Zoning Code Amendment is exempt from the requirements of the CEQA and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3). This determination is based on the fact that it can be seen with certainty that there is no possibility that the Zoning Code Amendment will have a significant effect on the environment because this amendment will only amend the Jurupa Valley Municipal Code Section
9.245.030 to clarify certain procedural aspects for approving outdoor advertising displays and clearly illustrate the locations within the Special Outdoor Advertising Display Overlay Areas Zone Map or near City boundaries where an outdoor advertising display can be erected or is cu rrently located within the City, and update the procedures for processing onsite signs in the Rubidoux Town Center.
(b) The City Council has reviewed the Community Development Department’s determination of exemption, and based on its independent judgment, concurs with the Staff’s determination of exemption.
(c) The Community Development Director is hereby directed to file a Notice of Exemption with the County Clerk.
Section 4. General Plan Consistency Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law, that the proposed Zoning Code Amendment is consistent with the City of Jurupa Valley General Plan and each element thereof. The zoning amendment is consistent with the following General Plan Goals and Policies:
(a) ME 7.5 – Offramps and Signs: The amendment supports clean and attractive community gateways by designating Special Outdoor Advertising Display Areas and requiring City Council approval for billboards along scenic corridors. It ensures proper placement of billboards near freeway on/off-ramps while maintaining visual quality at key entry points.
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12774-0007 3026000.2 Page 4 of 19
(b) COS 9.2 – Scenic Values & Visual Compatibility: The amendment limits the number of billboards, requires site-specific evaluations, and mandates that billboards be placed within 200 feet of the freeway or roadway they serve. These measures ensure new signage remains visually subordinate to surrounding natural and agricultural landscapes.
(c) COS 9.1.4 – Billboard Regulations: The amendment updates the Municipal Code to regulate billboard placement along scenic corridors and roadways, maintains City Council oversight, and refines placement standards to minimize visual disruption, aligning with the City's goal of protecting scenic landscapes while allowing strategic signage placement.
Section 5. Amendment of Section 9.245.030. Section 9.245.030, Outdoor Advertising Displays, of the Jurupa Valley Municipal Code is hereby amended in its entirety to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Chapter 9.245, Advertising Regulations, remaining unchanged:
“Sec. 9.245.030. Outdoor advertising displays.
A. Outdoor advertising displays permitted in limited areas. No person shall erect, use or maintain an outdoor advertising display in the city except for outdoor advertising displays the meet the following requirements:
(1) Permitted under a relocation agreement pursuant to Section 9.245.030; or (2) Permitted on City owned or controlled property within the a Special Outdoor Advertising Display Overlay Zone Area pursuant to this Section 9.245.030 with a required city agreement approved by the City Council.;
(3) Permitted within 750 feet of the City boundary pursuant to this Section 9.245.030 with a required agreement approved by the City Council; or
(4) Permitted as part of a Specific Plan.
This provision shall not apply to changing of an advertising message or customary maintenance of an existing, lawful nonconforming outdoor advertising display.
B. Display inventory. In order to evaluate and assess outdoor advertising displays within the city, within one hundred eighty (180) days of the effective date of Ordinance No. 2018-037 and on each fifth anniversary thereafter, and upon notice, each display company with outdoor advertising displays within the city shall submit to the Community Development Director, a current Iinventory of the outdoor advertising displays they currently own and/or maintain within the city. Failure to submit a current or accurate inventory shall be deemed to be a separate violation of this chapter.
C. Height adjustments. The owner of an existing outdoor advertising display that complied with all applicable federal, state, and local laws, rules and regulations in effect at the time it was erected may apply for a height adjustment on the form provided by the Planning Community Development Department accompanied by the filing fee established by resolution of the city Council. The Community Development Director shall, within forty- five (45) days of the filing of a complete height adjustment application, approve the height adjustment if the height adjustment standards set forth in subsection D. are met; otherwise, the height adjustment shall be denied.
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D. Height adjustment standards. A height adjustment in excess of the maximum height authorized under this chapter shall be approved if all of the following height adjustment standards are met:
(1) The outdoor advertising display is not an illegal outdoor advertising display; (2) The outdoor advertising display is oriented towards a freeway; (3) The outdoor advertising display is within one hundred (100) feet of the nearest edge of a freeway right-of-way line;
(4) A noise attenuation barrier was fully constructed between the outdoor advertising display and the edge of the freeway after the outdoor advertising display was fully constructed; (5) A line of sight study shows that the noise attenuation barrier prevents the display face of the outdoor advertising display from being completely visible to vehicles in one (1) or more approaching freeway traffic lanes at a point six hundred sixty (660) feet from the outdoor advertising display. The six hundred sixty (660) feet shall be measured from the middle of the display face to the middle of each approaching freeway traffic lane. The line of sight study shall be prepared at the owner's expense in accordance with the Planning Community Development Department’s line of sight study protocol; (6) The maximum height adjustment shall be no more than what is required to make the display face of the outdoor advertising display completely visible to vehicles in all approaching freeway traffic lanes at a point six hundred sixty (660) feet from the display as shown by the line of sight study. In no event, however, shall the maximum height of an outdoor advertising display adjusted under this section exceed a height of forty (40) feet from the roadbed of the adjacent freeway towards which the outdoor advertising display is oriented, or a maximum height of forty (40) feet from the grade on which it is constructed, whichever is greater;
(7) The owner of any outdoor advertising display that obtains a height adjustment pursuant to this section shall also obtain a building permit from the Division of Building and Safety before increasing the height of the outdoor advertising display; and (8) Other than the increase in height, nothing in this section shall be deemed to allow the relocation or enlargement of an existing outdoor advertising display. Nor shall this section be deemed to allow the angle of orientation of the outdoor advertising display to be altered or to allow an increase in the number of display faces on the existing outdoor advertising display.
E. Nonconforming outdoor advertising displays. All outdoor advertising displays that have been legally permitted and maintained under all applicable ordinances and currently in existence are considered nonconforming, and may not be altered, modified, enlarged or relocated in violation of this chapter unless authorized by a relocation agreement.
F. Illegal and abandoned outdoor advertising displays. All illegal outdoor advertising displays and all abandoned outdoor advertising displays shall be removed or brought into conformance with this chapter. In enforcing this chapter as it relates to illegal outdoor advertising displays and abandoned outdoor advertising displays (except for mobile billboard advertising displays, which are governed by notice requirements provided in Section 9.245.070) the notice required to be given to owner of the property shall also be given to:
(1) The owner of the sign, if the identification plate required by California Business and Professions Code Sections 5362 and 5363 is affixed; and Regular City Council Meeting - June 5, 2025
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(2) The advertiser, if any, identified on the sign provided the address of the advertiser can reasonably be determined.
G. Relocated outdoor advertising displays. The purpose of relocation agreements is to reduce the overall number of legal nonconforming outdoor advertising displays within the city by allowing relocation of outdoor advertising displays in more suitable locations and to provide more attractive, aesthetically pleasing billboard designs, while reducing the number of outdoor advertising displays throughout the city. Nothing in this chapter shall prevent the city from entering into an outdoor advertising display relocation agreement with the owner of an outdoor advertising display pursuant to California Business and Professions Code Section 5412, under the following circumstances:
(1) Only legal or legal non-conforming outdoor advertising displays are eligible for relocation pursuant to a relocation agreement.
(2) A relocated outdoor advertising display(s) shall not exceed six hundred seventy-two (672) square feet. Any City-approved relocation agreement must include a requirement that the relocation of the outdoor advertising display(s) will be accompanied by a net reduction of billboards within the city at a three (3) to one (1) ratio unless otherwise agreed to by the city for specific locations. Three (3) additional billboards must be permanently removed from locations within the city for each billboard relocated or reconstructed. The legal nonconforming outdoor advertising display that is/are removed shall be deemed removed only when any and all sign face(s), structure, pole(s) and supports are completely removed from the property upon which they were installed.
Unless otherwise provided herein, outdoor advertising displays relocated pursuant to a relocation agreement must comply with all development standards provided in Section
9.245.030H. Relocated outdoor advertising displays may incorporate digital displays.
H. Standards for relocated outdoor advertising displays. Relocated outdoor advertising displays shall comply with the following development standards:
(1) General plan. Outdoor advertising displays shall be consistent with the city's General Plan.
(2) Zoning. Outdoor advertising display(s) permitted under an approved relocation agreement shall be permitted in any commercial, business park, manufacturing or industrial zone as well as within any public right-of-way, provided that the display meets all of the other requirements of the zoning classification and this chapter. Relocated outdoor advertising displays are expressly prohibited in all other zones. Relocated outdoor advertising displays shall be subject to Section 9.245.030J(3), and shall only be relocated to a Special Outdoor Advertising Display Area.
(3) Height. The maximum height of an outdoor advertising display permitted pursuant to a relocation agreement shall not exceed a height of forty-five (45) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of forty-five (45) feet from the grade on which it is constructed, whichever is greater. (4) Setbacks. A minimum setback from the property line of one (1) foot shall be required. No person shall place, erect, use or maintain any outdoor advertising display located within applicable set back areas under the State Outdoor Advertising Act without first obtaining a valid state outdoor advertising permit.
(5) Poles. A maximum of two (2) steel poles are allowed for support of an outdoor advertising display.
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(6) Roof mounts. No outdoor advertising display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet.
(7) Number of display faces. No more than two (2) display faces per outdoor advertising display shall be permitted. Only single face, back-to-back and V-type displays shall be allowed provided that they are on the same outdoor advertising structure and provided that the V-type displays have a separation between display faces of not more than twenty- five (25) feet.
(8) Display face size. A relocated outdoor advertising display approved pursuant to a relocation agreement may have a total surface area of up to six hundred seventy-two (672) square feet.
(9) Display movement. No outdoor advertising display shall move or rotate, to display any moving and/or rotating parts. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent or moving light is prohibited, provided, however, that:
(a) Electronic message boards displaying only time and/or temperature for periods of not less than thirty (30) seconds; and
(b) Digital displays meeting all operating regulations identified in the California Business and Professions Code are permitted.
(10) Mobile displays. No person shall place, use, maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground to be used as an outdoor advertising display.
(11) Lighting and illumination of displays. An outdoor advertising display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. With the exception of digital displays, displays making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Displays shall use the most advanced methods to insure the most energy efficient methods of display illumination.
(12) Spacing. Unless otherwise provided under a relocation agreement pursuant to this Section, no outdoor advertising display shall be located within five hundred (500) feet in any direction from any other outdoor advertising display on the same side of the highway; provided, however, that if in a particular zone a different interval shall be stated, the spacing interval of the particular zone shall prevail. No outdoor advertising display shall be erected within the boundary of any significant resource as defined in Section 9.245.020 of this chapter.
(13) Identification. No person shall place, erect, use or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erected, used or maintained anywhere within the city unless there is securely fastened thereto and on the front display face thereof, the name of the outdoor advertising display owner in such a manner that the name is visible from the highway. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, and maintained in violation of this section.
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(14) No outdoor advertising display shall create a traffic hazard or impair the line of sight of any person operating a vehicle.
(15) No outdoor advertising display shall be placed, erected, used or maintained anywhere within the city unless there is securely fastened thereto and on the front display face thereof, the name of the city in such a manner that the name is visible from the highway. Any display placed, erected, or maintained without the name of the city shall be deemed to be placed, erected, and maintained in violation of this section. (16) Other. Such other provisions as the city and owner shall agree upon.
I. Special outdoor advertising display overlay zone areas. (1) There is hereby created in the city the "Special Outdoor Advertising Display Overlay ZoneAreas." The Special Outdoor Advertising Areas are the following; (a) I-15 Area. Along the I-15 Freeway from the northern City boundary, to the southern City boundary.
(b) State Route 60 Area. Along State Route 60 from the western City Boundary to the eastern City boundary.
(c) Van Buren Boulevard Area. Along Van Buren Boulevard from the western City boundary to the southern City boundary.
(d) Mission Boulevard Area. Along Mission Boulevard from Riverview Drive to the eastern City boundary.
(e) Limonite Avenue Area. Along Limonite Avenue from the western City boundary to Wineville Avenue and along Limonite Avenue from Collins Street to Pedley Road.
(2) There is hereby established the "Special Outdoor Advertising Display Overlay ZoneArea Map." The official "Special Outdoor Advertising Display Overlay ZoneArea Map" shall be on file in the Office of the City Clerk and shall be administratively updated as new outdoor advertising displays are erected in the City, pursuant to an agreement approved by the City Council and a true, correct and complete copy thereof shall be included in the Municipal Code as Exhibit No. 9.245.030I.
(2) The purpose of thisthese zoneareas is to provide locations and development standards for the placement of digital displays on property owned or controlled by the city. (3) Within thea Special Outdoor Advertising Display Overlay ZoneArea any person may erect and use a digital display upon mutual approval of a special digital display pursuant to an agreement with the city approved by the City Council. Unless otherwise provided herein, digital displays pursuant to a special digital display an agreement approved by the City Council must comply with all development standards provided in Section
9.245.030J.
J. Standards for digital displays in a Special Outdoor Advertising Display Overlay ZoneArea or within 750 feet of a City Boundary. Digital displays in a Special Outdoor Advertising Display Overlay ZoneArea or within 750 feet of a City Boundary shall comply with the following development standards:
(1) General plan. Digital displays shall be consistent with the city's General Plan. (2) Location. An outdoor advertising display shall be placed as close to the nearest edge of the main freeway or street right-of-way line of the underlying Special Outdoor Advertising Display Area as feasible and within two hundred (200) feet of the nearest edge of said freeway or street right-of-way line. The outdoor advertising display shall be Regular City Council Meeting - June 5, 2025
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designed to serve and be oriented towards the main street or freeway of the underlying Special Outdoor Advertising Display Area, or towards the main street if located within 750 feet of a City boundary.
(3) No more than seventeen (17) outdoor advertising displays shall be placed within the Special Outdoor Advertising Display Areas. Additionally, no more than five (5) outdoor advertising displays shall be permitted within seven-hundred and fifty (750) feet of a City boundary.
(2)(4) Height. The maximum height of a digital display shall not exceed a height of forty-five (45) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of forty-five (45) feet from the grade on which it is constructed, whichever is greater.
(3)(5) Setbacks. A minimum setback from the property line of one (1) foot shall be required. No person shall place, erect, use or maintain any digital display located within applicable set back areas under the State Outdoor Advertising Act without first obtaining a valid state outdoor advertising permit.
(4)(6) Poles. A maximum of two (2) steel poles are allowed for support of a digital display.
(5)(7) Roof mounts. No digital display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet.
(6)(8) Number of display faces. No more than two (2) display faces per digital display shall be permitted. Only single face, back-to-back and V-type displays shall be allowed provided that they are on the same outdoor advertising structure and provided that the V- type displays have a separation between display faces of not more than twenty-five (25) feet.
(7)(9) Display face size. A digital display approved pursuant to a special digital display an agreement approved by the City Council may have a total surface area of up to six hundred seventy-two (672) square feet.
(8)(10) Display movement. No outdoor digital display shall move or rotate, to display any moving and/or rotating parts. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent or moving light is prohibited, provided, however, that:
(a) Electronic message boards displaying only time and/or temperature for periods of not less than thirty (30) seconds; and
(b) Digital displays meeting all operating regulations identified in the California Business and Professions Code are permitted.
(9)(11) Mobile Displays. No person shall place, use, maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground to be used as part of a digital display.
(10)(12) Lighting and illumination of displays. A digital display shall not use a light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Digital displays shall use the most advanced methods to insure the most energy efficient methods of display illumination.
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(11)(13) Spacing. Unless otherwise provided under a special digital display an agreement approved by the City Council, no digital display shall be located within five hundred (500) feet in any direction from any other outdoor advertising display on the same side of the highway; provided, however, that if in a particular zone a different interval shall be stated, the spacing interval of the particular zone shall prevail. No digital display shall be erected within the boundary of any significant resource as defined in Section 9.245.020 of this chapter.
(12)(14) Identification. No person shall place, erect, use or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erected, used or maintained anywhere within the city unless there is securely fastened thereto and on the front display face thereof, the name of the outdoor advertising display owner in such a manner that the name is visible from the highway. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, and maintained in violation of this section.
(13)(15) No outdoor advertising display shall create a traffic hazard or impair the line of sight of any person operating a vehicle.
(14)(16) No outdoor advertising display shall be placed, erected, used or maintained anywhere within the city unless there is securely fastened thereto and on the front display face thereof, the name of the city in such a manner that the name is visible from the highway.
(15)(17) Other. Such other provisions as the city and owner shall agree upon.
K. Processing Procedure for Outdoor Advertising Displays. (1) Application. No outdoor advertising display(s) shall be placed or erected in the City until an agreement has been approved by the City Council. An application for an agreement shall be made to the City Manager pursuant to Section 9.245.030. to place or erect an outdoor advertising display within a Special Outdoor Advertising Display Area or within 750 feet of the City Boundary. The application shall include the following:
(a) A written description of the proposed outdoor advertising display that includes:
(i)Details of the structure (size, type, and height);
(b) Site plan drawn to scale, including property boundaries, parcel number, address, exact location of outdoor advertising display, adjacent streets, setbacks from property lines and buildings;
(c) Outdoor Advertising Display plans including elevation drawings, overall structure height, display face (square footage of advertising area), materials and construction details, lighting and illumination, structural support details;
(d) Proof of ownership, or site control pursuant to a lease, of the location where the outdoor advertising display is proposed to be located.
(e) Any other items as requested by the City Manager.
KL. Cannabis, alcohol and tobacco products advertising restricted. (1) Pursuant to the authority of California Business and Professions Code Section 21652, persons who are licensed by the state to engage in commercial cannabis activities shall not:
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(b) Advertise or market cannabis or cannabis products on an outdoor advertising display in a manner intended to encourage persons under twenty-one (21) years of age to consume cannabis or cannabis products;
(c) Publish or disseminate advertising or marketing on an outdoor advertising display concerning cannabis or cannabis products that is attractive to children; or (d) Advertise or market cannabis or cannabis products on an outdoor advertising display within one thousand (1,000) feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, or youth center.
Persons who are not licensed by the state to engage in commercial cannabis activities shall not advertise or market cannabis or cannabis products on an outdoor advertising display. "Cannabis" and "cannabis products" shall have the same means as set forth in California Business and Professions Code Division 10, Chapter 1, Sections 26000— 26001.
(2) No person shall:
(a) Advertise or market alcoholic beverages on an outdoor advertising display in a manner intended to encourage persons under twenty-one (21) years of age to consume alcoholic beverages;
(b) Publish or disseminate advertising or marketing of alcoholic beverages concerning tobacco products on an outdoor advertising display that is attractive to children; or (c) Advertise or market alcoholic beverages on an outdoor advertising display within one thousand (1,000) feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, or youth center. "Alcoholic beverages" shall have the same meaning as set forth in California Business and Professions Code Division 9, Chapter 1, Sections 23000—23047. (3) Pursuant to the authority of California Business and Professions Code Section 22961, no person shall:
(a) Advertise or market tobacco products on an outdoor advertising display in a manner intended to encourage persons under twenty-one (21) years of age to consume tobacco products;
(b) Publish or disseminate advertising or marketing on an outdoor advertising display concerning tobacco products that is attractive to children; or (c) Advertise or market tobacco products on an outdoor advertising display within one thousand (1,000) feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, or youth center. "Tobacco products" shall have the same meaning as set forth in California Business and Professions Code Division 8.5, Sections 22950—22964. (4) The primary purpose of this section is to promote the health and safety of young people in the community by reducing the illegal consumption and purchase of alcoholic beverages, cannabis and cannabis products and tobacco products by persons not authorized to purchase or use such products. The restrictions on such advertising are narrowly tailored to specifically restrict advertising only in those circumstances and locations likely to influences these protected groups. The city prohibits commercial and medicinal cannabis (marijuana) in the city in Chapter 11.28 of the Jurupa Valley Municipal Code and regulates the location of alcoholic beverage sales in Title 9 of the Jurupa Valley Municipal Code, including Section 9.240.490. California Business and Regular City Council Meeting - June 5, 2025
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Professions Code Division 8.5 of the regulations the advertising and promotion of tobacco products to minors.
LM. Enforcement. It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any provision of this chapter. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this chapter, shall be guilty of a misdemeanor unless the city Attorney elects to prosecute the violation as an infraction. In addition, any person violating the provisions of this chapter shall be subject to the penalties and remedies of Title 1 of this Code, including, without limitation, administrative citations and public nuisance abatement injunctions.
Section 6. Special Outdoor Advertising Display Overlay Area Map. The City Council hereby approves a new Special Outdoor Advertising Display Overlay Area Zone Map pursuant to Jurupa Valley Municipal Code Section 9.245.030, attached hereto as Exhibit A and incorporated herein as though set forth in full. The City Clerk is hereby directed to replace the existing Special Outdoor Advertising Display Overlay Area Zone Map with the new map attached hereto as Exhibit “A”. The Special Outdoor Advertising Display Overlay Area Zone Map shall be administratively updated each time a new outdoor advertising display is erected pursuant to an agreement approved by the City Council.
Section 7. Section 9.245.060, Rubidoux Village Policy Area signs, of Chapter 9.245, Outdoor Displays, of the Jurupa Valley Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Chapter 9.245 remaining unchanged:
“Sec. 9.245.060. Rubidoux Village Policy AreaTown Center signs.
General provisions for advertising signs within the Rubidoux Village Policy Area of the Jurupa Area PlanTown Center. No person shall erect an on-site advertising structure or sign in the designated Rubidoux Village Policy Area of the Jurupa Area PlanTown Center and zoned as Rubidoux Village-Commercial (R-VC) that is in violation of the provisions contained within any specific zone classification in this chapter or that is in violation of the following provisions. (1) Commercial signs.
(a) All signs must be mounted on freestanding ground-mounted supports, supported from elements in the landscape such as arbors and arcades, or anchored to the building either with surface mounts, or suspended from walls or ceilings. No roof mounted structures are permitted. Standard pole mounted signs are not permitted. (b) Illuminated signs may be used within the Rubidoux-Village Commercial Zone of the Rubidoux Village Policy Area Town Center boundaries of the Jurupa Community Plan. Illuminated signs are permitted under the following criteria:
(i) Internal illumination for text, background or both. (ii) External illumination that does not spill over onto adjacent property or over public rights-of-way so as to cause a nuisance or a hazard.
(iii)Neon type signs in which the sign text and/or graphic design is made up on fluorescent tubes.
(iv) All conduits and raceways must be concealed unless appropriate to the architectural design of the sign and its support structure.
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(c) Murals and artwork as signage. Murals and other works of art intended to serve as signage to identify, locate or list the goods and/or services provided must comply with the standards of this chapter.
(d) Projecting signs, cantilevered or supported from a building wall or other structural support may be double sided; however, only one side will be counted in calculating allowable sign area.
(e) Landmark identification. These identifying elements of building architecture or of the landscape are unique features in the urbanscape of the public street. Landmarks are significant only in relation to their unique identity and limited use:
(i) Landmark identification is intended to announce a special place and may not be used for product or service advertising.
(ii) Where architectural or landscape landmarks are created on private property, signage may be affixed or suspended.
(iii)When permitted signage is affixed to a landmark structure, the sign must remain below the eave, cornice, or parapet cap of the structure and in no case may it project over or above the roof plane. In this circumstance, the height limit is determined by the approved height of the landmark structure. Exception: When the landmark structure is higher than an adjoining roof, a permitted sign may project over the lower roof.
(iv) A landmark architectural element may be used as a double or triple sided sign support and will count only as a single sign.
(f) It is required that primary and secondary identification signs, whether freestanding or attached to the building, be designed as a thematically appropriate and compatible component of the building design or of the landscape architecture. Materials, details and colors must be compatible with and appropriate in terms of the overall design of the building's architecture.
(g) Copy is limited to the name of the business, a logo or logotype, and standard subtext associated with the name of the business of the logo/logotype and limited to a simple recitation of the general goods or services is not permitted. (h) Posters and other temporary signage may not be permanently affixed to any exterior portion of the buildings or the landscape.
(i) Notwithstanding the requirements of the underlying zoning ordinances for the zone classifications, freestanding signs may be placed in setback areas. (j) Commercial buildings shall display at least one street address sign visible from the adjoining streets with numerals/letters a minimum of four (4) inches high. (k) No standard signs such as franchise, major brand or corporate signs, which have not been modified or specifically designed to meet the requirements of this chapter shall be permitted.
(2) Shopping center signs. A shopping center is defined as a minimum six (6) acre development under single ownership or development control having as anchor tenant(s) a major retail user(s).
(a) Primary identification signs. These are used as the primary identification of the entire shopping center. These signs must be located so as to be read from either Mission Boulevard, Rubidoux Boulevard and/or Riverview Drive. The total number of signs is limited to one (1) per site.
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(i) Freestanding. Limited in area to one hundred and twenty (120) square feet or a maximum of one-quarter ¼ of one (1) percent of the approved building area not to exceed two hundred (200) square feet and not to exceed twenty (20) feet in height.
(ii) Building mounted. Limited to one hundred and twenty (120) square feet in area. (b) Secondary identification signs. These signs serve the same purpose as the primary signs except that they may be located along local streets and alleys. The total number of signs per site is limited to one (1) per street frontage for each local street faced by the building.
(i) Freestanding. Limited to forty (40) square feet in area and may not exceed twelve (12) feet in height.
(ii) Building mounted. Limited to forty (40) square feet in area. (3) Large project identification signs. To be regarded as a large project, a project must meet the following criteria: The parcel or combination of parcels must be a minimum of twenty thousand (20,000) square feet; gross tenant space must be a minimum of twelve thousand (12,000) square feet and there must be a minimum of five (5) lease/tenant spaces. (a) Primary identification. These are used as the primary identification of an entire project or complex of buildings. These signs must be located so as to be read from either Mission Boulevard, Rubidoux Boulevard and/or Riverview Drive. The total number of signs per site is limited to one (1) per street frontage. (i) Freestanding. Limited to one hundred and twenty (120) square feet in area and may not exceed sixteen (16) feet in height.
(ii) Building mounted. Limited to eighty (80) square feet in area. (b) Secondary identification. The regulations for shopping center secondary identification signage apply.
(4) Small project identification signs.
(a) Primary identification. These are used as the primary identification of an entire project or complex of buildings. These signs must be located so as to be read from either Mission Boulevard, Rubidoux Boulevard and/or Riverview Drive. The total number of signs per site is limited to one (1) per street frontage. (i) Freestanding. Limited to eighty (80) square feet in area and may not exceed sixteen (16) feet in height.
(ii) Building mounted. Limited to eighty (80) square feet in area. (b) Secondary identification. The regulations for shopping center secondary identification signage apply.
(5) Single tenant buildings and major tenant identification signs. Copy is limited to the name of the business, the business owners, the logo or logotype, and a standard subtext associated with the name of the business or the logo/logotype. The total number of signs per site is limited to one per frontage for each local street or alley faced by the building or project. However, one additional sign is permitted per frontage facing an enclosed court not visible from a public street.
(a) Freestanding. Limited to forty (40) square feet in area and may not exceed twelve (12) feet in height.
(b) Building mounted. Limited to forty (40) square feet in area.
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(6) Minor tenants identification signs. Copy is limited to the name of the business, the business owners, the logo or logotype, and a standard subtext associated with the name of the business or the logo/logotype.
(a) Freestanding or building mounted. Limited to ten (10) square feet in area. (b) Number of signs. Limited to one (1); except corner suites and spaces may have one (1) additional sign to be displayed on the alternate frontage, and one (1) additional sign is permitted per frontage facing an enclosed court not visible from a public street.
(c) Tenant spaces set back under loggias or similar architectural features that serve as pedestrian ways may use one (1) additional sign either on the exterior face of the building (or suspended perpendicular to the building) or under the loggia either building mounted or suspended.
(7) Door and window tenant identification signs. For individual office and small shape identification: These signs are permitted in addition to all other permitted sign under this section and are mounted or installed on windows and doors visible to passersby. (a) Business name identification. Limited to two (2) square feet in area. (b) Addresses and suite numbers. Limited to one (1) square foot in area. (c) If installed immediately adjacent to the primary entry, this sign may be mounted on the building.
(8) Special purpose signs.
(a) Locator boards and tenant directories. Kiosks and freestanding slab type directories are considered architectural features and must comply with the provisions of this section and the development standards of the zone classification for the property.
Building mounted sign boxes or slab type directories need only meet the provisions of this section.
(i) Signs are limited to twelve (12) square feet per face. (ii) Signs shall be designed as a component part of the building design or of the landscape architecture. Materials, details and colors must be compatible with an appropriate in terms of the overall design of the complex. (b) Flagpoles, banners and flags. Banners and flags are permitted as follows:
(i) The manner of suspension or support must be compatible with the architectural character of the buildings or the landscape theme.
(ii) No single flag or banner shall exceed sixty-four (64) square feet nor shall the length exceed fifteen (15) feet.
(iii)Flag poles are not permitted to exceed seventy (70) feet in height. (iv) The copy or message on the flag/banner may be any permitted under the provisions of subsection (7) of this section.
(v) Banners suspended between buildings must be secured per California Building Code requirements and adequately secured against wind and gravity loads. (vi) Flags and banners are to be permanent features of the project. No temporary flags or banners are permitted.
(c) Special event and sale signage. Special event and sale signage is intended to be temporary, mobile and of short duration.
(i) The signs may be window mounted or painted for no more than three (3) weeks prior to and during the event; thereafter, the sign must be removed within three (3) working days.
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(ii) These signs may be mounted on kiosks, slabs or wall-mounted announcement boards.
(iii)Temporary freestanding signs created specifically to announce an event or a sale are limited to eight (8) square feet in area and may be double sided. (d) Public facilities identification and directional signs. Special signs for bathrooms, wheelchair access, elevators, telephones, etc., are limited to two (2) square feet; providing, however, that nothing in this chapter is to be construed to contravene the dictates of federal or state legislation with regard to signage for the handicapped. (e) Directional signs for access and loading. These directional and instructional signs are limited to four (4) square feet per sign and must be located so that those requiring the directions can easily find them.
(f) Court name signs.
(i) Limited to twenty (20) square feet per sign.
(ii) Limited to one (1) sign for each point of access from public right-of-ways. (9) Future facilities signs. These signs are intended to announce the impending development of a facility. They may be freestanding or building mounted. (a) Maximum size. Thirty-two (32) square feet in a four (4) foot by eight (8) foot panel. (b) Refer to the "Rubidoux Village Design Workbook" for the design, color and font specifications for the header and footer bands.
(i) Copy is limited to the name of the future facility, logo/logotype, the subtext description of the project, the developer(s), lender, architect, landscape architect and/or engineer and major tenants, the proposed time of opening and a contact name and telephone number to pre-leasing information.
(ii) Maximum height. Ten (10) feet.
(iii)When smaller signs are utilized, the required header and footer bands must be proportionately sized and incorporated.
(10) Project construction signs.
(1) Maximum size. Thirty-two (32) square feet in a four (4) foot by eight (8) foot panel. (2) Refer to the "Rubidoux Village Design Workbook" for the design, color and font specifications for the header and footer bands.
(i) Copy is limited to the name of the future facility, logo/logotype, the subtext description of the project, the developer(s), the general contractor, the lender, the architect, landscape and/or engineer and major tenants, the proposed time of opening and a contact name and telephone number to pre-leasing information. (ii) Maximum height. Ten (10) feet.
(iii)When smaller signs are utilized, the required header and footer bands must be proportionately sized and incorporated.
(11) Sign materials. Signs may be constructed of the following materials:
(a) Neon. Neon tube lighting, particularly that of an artistic nature, reflecting the new technology and shaping methods of the medium. Restricted to the Rubidoux Village Commercial area Town Center only.
(b) Wood. Laser carved, sand blasted and built-up wooden signs, particularly those hanging from wall or ceiling brackets and receiving spotlight illumination. (c) Metal, brass, copper, gold plate and brushed metal signs. Either plaques or individual letters.
Regular City Council Meeting - June 5, 2025
12774-0007 3026000.2 Page 17 of 19
(d) Wood letters. Wood letters and numbers may be used in locations that are sheltered from the weather.
(e) Painting signs. Hand painted signs on walls, wood or other backing material, mounted or freestanding.
(f) Plastic, acrylic and other synthetic materials. Plastic sign bands used in connection with a larger sign board or glazed sign box.
(g) Concrete. Concrete may be used as a primary sign material and may be either natural or tinted in color. Any surface treatment consistent with the design of the project and the "Rubidoux Village Design Workbook" may be used. When used as a base or structural support material, the design and finish treatment must be consistent with the overall design statement of the project's architecture. (h) Banner and flag material. Banners and flags must be of all-weather fabric treated to withstand both water and solar exposure. Treated canvas, sail cloth and woven nylon are acceptable examples. Samples of the materials must accompany the sign permit application.
(12) Application and pProcessing procedure for Rubidoux Town Center. (a) For applications within the Rubidoux Village Policy Area of the Jurupa Area PlanTown Center, approval of the design and location of said sign shall be obtained from the city Manager or designee before the application will be accepted for processing by from the city Planning Department Community Development Director. (b) No outdoor advertising sign(s) and/or structure(s) shall be placed or erected until an application has been approved by the County Economic Development Agency, and a permit issued by the city Community Development Director on the form provided by the city Planning Department accompanied by the filing fee set forth in Ordinance No. 671 and meeting the requirements of Section 9.240.330 . (c)(b) Said application shall include any filing fee and such information and documents as may be required by the Community Development Director, in addition to the following:
(i) consist of five (5) copies of a site development permit plan drawn to scale, containing the name, address or telephone number of the applicant, and a general description of the property and/or structure upon which the outdoor advertising sign(s) and/or structure(s) are proposed to be placed.
(ii) The site development permit plan shall show the precise location, type, and size of the proposed outdoor advertising sign(s) and/or structure(s), all property lines, zoning, and the dimension, location of and distance to the nearest building, public and private roads, and other rights-of-way, building setback lines, and specifically planned future road right-of-way lines, and any and all other information required in such a manner that the proposed sign(s) and/or structure(s) may be readily ascertained, identified, and evaluated.
(13) Approvals and modifications. The design of all signs for specific projects must accompany the principal use application for site development permit review, conditional use permit, or building permit, depending on the nature and size of the proposed project. (a) Modification. Where a modification is requested that does not exceed a ten (10) percent deviation from the standards contained in this section, the Community Development Director shall review and approve the request with or without conditions. There shall be a ten (10) day appeal period from the date of the Regular City Council Meeting - June 5, 2025
12774-0007 3026000.2 Page 18 of 19
Community Development Director's decision which shall then be heard before the Planning Commission within forty-five (45) calendar days of the date of appeal. A public hearing is not required for the appeal.
(b) Amendment to the Rubidoux Village Policy Area Sign Program. Any amendment to the "Rubidoux Village Design Workbook" requiring the sign program shall be reflected in this section.
(c) A specific plan or large project that seeks to adopt its own sign program may do so.
The proposed specific plan project must be compatible with and clearly related to the regulations of this chapter and specific findings must be so made.
Section 8. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 8. Effect of Ordinance. This ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this ordinance.
Section 5. Certification. The city clerk of the City of Jurupa Valley shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted in the manner required by law.
Section 6. Effective Date. This ordinance shall take effect on the date provided in government code section 36937.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 5 day of June, 2025.
Brian Berkson
Mayor
ATTEST:
Evelyne Ssenkoloto
Interim City Clerk
Regular City Council Meeting - June 5, 2025
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12774-0007\3104503v3.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Evelyne Ssenkoloto, Interim City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2025-11 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 15 day of May, 2025, and thereafter at a regular meeting held on the 5th day of June, 2025, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 5th day of June, 2025. ________________________________
Evelyne Ssenkoloto, Interim City Clerk
City of Jurupa Valley
Regular City Council Meeting - June 5, 2025
Regular City Council Meeting - June 5, 2025
STAFF REPORT
DATE: JUNE 5, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 12.C
APPROVE THE PURCHASE OF COVID-19 PREVENTION
AND MITIGATION SANITATION SUPPLIES AND RELATED
PRODUCTS SUBJECT TO THE TERMS AND CONDITIONS
OF THE COMMU NITY DEVELOPMENT BLOCK GRANT
PROGRAM COVID-19 FUNDING AND APPROVE
AGREEMENT WITH PATH OF LIFE FOR PURCHASING
PATHOGEN PREVENTION SUPPLIES FOR THEIR
COMMUNITY SHELTER.
RECO
MMENDATION
1) That
the City Council approve the use of the City’s CDBG-CV funds to pay for the purchase of COVID-19 prevention and mitigation sanitation supplies and related products.
2) That
the City Council approve the A greement with Path of Life for purchasing pathogen prevention supplies and other related products for pathogen prevention and mitigation at their shelter for an amount not to exceed $50,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGRO
UND
On October 21, 2021 the City Council approved a contract with the U nited Sikh Mission (USM) to operate a food pantry at 5626 Mission Blvd. T hey provided approximately 500 meals per month directly to those in need.
RETURN TO AGENDA
Regular City Council Meeting - June 5, 2025
In January 2022, City Staff began developing recommendations for the City Council on the use of unspent funds from the Community Development Block Grant COVID-19 (CDBG-CV3) program. This CDBG -CV3 funding is a separate funding stream from CDBG and has strict requirements, and can only be used for COVID-19 related activities. Any unspent CDBG-CV3 funds at the local level must be returned to the U.S. Department of Housing and Urban Development (HUD).
One available option approved by Council, was to purchase kitchen equipment for the new food bank. A kitchen allowed the USM to safely store food, and prepare hot meals and serve those impacted by the pandemic , including those experiencing food insecurities. On March 17, 2022, the City Council approved the allocation of $50,000 in CDBG-CV3 funds to purchase the kitchen equipment for the food pantry.
ANALYSIS
Over the past three years, the USM attempted to raise funding to construct a new kitchen to accomodate the kitchen equipment approved by City Council through COVID-19 funding. They hired an architect , started the design process and submitted plans t o the City of Jurupa Valley ; h owever, USM realized that the funding needed to complete the necessary remodel would exceed their financial reach. Although a difficult decision for the USM, they ultimately decided not to build a kitchen in the facility and to close the food pantry.
The CDBG -CV3 funding is available for reallocation through December 2025 ; however, it is subject to strict federal requirements and funding must be used to mitigate the effects of COVID -19. City Staff explored options for reallocating the remaining funds and Path of Life (POL) was identified as an eligible option to utilize these funds.
Currently, POL serves as the City’s contractor for homelessness and receives funding through CDBG. They are one of the few non- profit organizations experienced in managing CDBG funding, which is a very complicated and cumbersome process. POL operates a homeless shelter that reserves four beds every night for Jurupa Valley residents. Staff met with POL to explore potential uses for the unspent CDBG-CV3 funds. It was determined that they can use this funding for mitigation and prevention of C OVID-19, which is a requirement of this particulate type of CDBG -CV3. POL submitted a proposal (Attachment 2) that demonstrates the ability to purchase needed supplies and related products for COVID-19 prevention.
FINANCIAL IMPACT
The City’s CDBG-CV3 allocation provides $50,000 for the purchase of pathogen prevention supplies and related products.
Regular City Council Meeting - June 5, 2025
ALTERNATIVES
1. Do not approve agreement by and between the City of Jurupa Valley and Path of Life
2. Provide Staff with alternate direction
************************** SIGNATURES ON FOLLOWING PAGE********************
Regular City Council Meeting - June 5, 2025
...
Prepared by:
· y Manager
Reviewed by:
Mike Flad
Assistant City Manager
Reviewed by:
Peter Thorson
City Attorney
ATTACHMENT(S):
1. Agreement with Path of Life
Submitted by:
Rod 8. Butler
City Manager
Reviewed by:
Sus�
Finance Director
2. Proposal for COVID-19 prevention and mitigation
,
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AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA
VALLEY AND PATH OF LIFE MINISTRIES FOR THE ALLOCATION OF FUNDS FOR COVID-19 RELATED ACTIVITIES
THIS AGREEMENT is made and effective as of June 5, 2025, between the City of Jurupa Valley (“City”) and Path of Life Ministries, a California non-profit corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on June 5, 2025, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than December 31, 2025, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A (“Services”), attached hereto and incorporated herein as though set forth in full.
3. Performance
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to cause Consultant to be paid Fifty Thousand dollars (50,000.00) for the total term of the Agreement, unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends Regular City Council Meeting - June 5, 2025
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or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the Regular City Council Meeting - June 5, 2025
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work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. Indemnification.
Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
9. Insurance Requirements.
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
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a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, Regular City Council Meeting - June 5, 2025
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cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provide for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
10. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
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12. Confidentiality; Release of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
14. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: Path of Life Ministries
P.O. Box 1445
Riverside, CA 92502
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
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1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
15. Exhibits
The following exhibits attached hereto are incorporated herein to this Agreement by this reference as though set forth in full:
Exhibit “A” - Scope of Services
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
Regular City Council Meeting - June 5, 2025
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CITY OF JURUPA VALLEY
Brian Berkson, Mayor
ATTEST:
Evelyne Ssenkoloto, CMC
Interim City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
CONSULTANT
By:
Name:
Title:
By:
Name:
Title:
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EXHIBIT A
SCOPE OF SERVICES
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120
STAFF REP
ORT
DATE: JUNE 5, 2025
TO: HONORABL
E MAYOR AND CITY COUNCIL
FROM: RO
D B. BUTLER, CITY MANAGER
SUBJECT
: AGENDA ITEM NO. 12.D
THIRD AM
ENDMENT TO THE AMENDED AND RESTATED
AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF
JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNIT Y
DEVELOPMENT BLOCK GRANT SERVICES
RECOMM
ENDATION
That the City Council approve the Third Amendment to the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant Services and authorize the City Manager to execute the Third Amendment in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
On March 2, 2017, City Council approved the transition of Community Development Block Grants (CDBG) from the County of Riverside to City administration . The City retained CDBG consultants GRC Associates, Inc., who proved to be invaluable to the City’s efforts to receive “entitlement status” from the Federal Department of Housing and Urban Development (HUD)
.
On June 7, 2018, the City Council adopted the Consolidated Plan, Annual Action Plan, and Citizen Participation Plan. These planning documents represented key milestones in the City’s transition from a County -administered CDBG process to a City -controlled process. GRC Associates, Inc. led the process to create these documents with input from
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the City. In subsequent years, GRC assisted the City in operating its own CDBG programs, beginning with the 2018- 2019 CDBG program year, in compliance with HUD requirements.
Prior to the City having “entitlement status,” the City received approximately $300,000 per year in CDBG funds. As an entitlement city, the City now receives over $1 million per year in CDBG funds.
During 2020, aside from the City receiving its regular share of CDBG funds, an additional two rounds of CDBG -Coronavirus (CDBG -CV) funds were received by the City. T he Coronavirus Aid, Relief and Economic Security Act (CARES Act) was authorized by Congress, which resulted in HUD awarding the City two additional rounds of funding CDBG-CV funds, as summarized below.
Year Grant Type Amount
2018 CDBG $1,189,419
2019 CDBG $1,203,797
2020 CDBG $1,194,914
2020 CDBG - CV1 $702,928
2020 CDBG - CV3 $664,209
2021 CDBG $1,157,789
2022 CDBG $1,112,960
2023 CDBG 1,091,728
2024 CDBG 1,050,709
2025 CDBG 1,026,523
ANALYSIS
Since 2017, GRC has prepared key documents for the City to qualify for CDBG funds, such as the Consolidated Plan, Annual Action Plan, Citizen Participation Plan, the Consolidated Annual Performance and Evaluation Report (CAPER), various Regular City Council Meeting - June 5, 2025
Page | 3
environmental documents, and provided Integrated Disbursement Information System (IDIS) consulting services to City staff.
The amounts of their contracts have varied throughout the years based on their standard contract amount plus additional work due to new programming, two rounds of COVID-19 funding and/or the additional work required to implement these programs. These programs required monitoring the work, process, progress and other reporting similar to the City’s CDBG program.
In FY 2022- 23, the Department of Housing and Urban Development required the development of a new 5- year Consolidated Plan. The Consolidated Plan established housing, community development, homelessness, economic development needs and the community action over the next five- year period. The Consolidated Plan assessed the existing community needs, developed new strategies and incorporated performance measures as required by HUD regulations. This Consolidated Plan required an increase in the budget to $95,000 to complete thi s time-consuming process. For FY 2024-25, the total administration budget increased to $75,000 to account for the addition of two new non-profit organizations that received CDBG funding and required assistance and monitoring by GRC. This year, for FY 2025-26, the total administration budget is $65,000.
This reduction reflects the two non-profit organizations funded in FY 2024–25 that did not receive funding for FY 2025 –26, resulting in a decrease in the number of organizations GRC will be responsible for monitoring and assisting.
Term Term Period Term Budget
Initial Agreement March 2, 2017 – June 30, 2018 $70,000 Second Extension July 1, 2018 – June 30, 2019 $40,000
Third Extension July 1, 2019 – June 30, 2020 $40,000
Fourth Extension July 1, 2020 – June 30, 2021 $45,000
Fifth Extension July 1, 2021 – June 30, 2022 $55,000
Amended and Restated July 1, 2022 – June 30, 2023 $95,000 First Amendment to Amended July 1, 2023 – June 30, 2024
$55,000
Second Amendment to Amended July 1, 2024- June 30, 2025 $75,000 Third Amendment to Amended July 1, 2025- June 30, 2026 $65,000 Regular City Council Meeting - June 5, 2025
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FINANCIAL IMPACT
The City’s 202 5-26 Annual Action Plan provides ongoing administrative costs with the CDBG program. All costs related to the administrative services of CDBG are recoverable through the City’s 2025-26 CDBG allocation.
ALTERNATIVES
1. Elect not t o not approve the Third Amendment to the Amended and Restated Agreement between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant (CDBG) services.
2. Provide alternate direction to Staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
Regular City Council Meeting - June 5, 2025
I •
Reviewed by:
Michael Flad
Assistant City Manager
fii.1£.tJA&
Rod B. Butler
City Manager
Attachments:
Reviewed by:
Su�
Director of Finance
Approved as to form:
Peter M. Thorson
City Attorney
A. Third Amendment to the First Amended and Restated Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant Services.
B. First Amendment to the Amended and Restated Agreement for Consultant Services between the City of Jurupa Valley and GRC Associates, Inc. for Community Development Block Grant Services.
Page I 5
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12774-0102\2660634v2.doc
THIRD AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR
CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT
SERVICES
THIS AGREEMENT is made and effective as of July 1, 2025, between the City of Jurupa Valley (“City”) and GRC Associates, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Recitals
This Agreement is made with respect to the following facts and purposes:
A. On March 2, 2017, the City and Consultant entered into that certain Agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES (the “Original Agreement”).
B. On March 15, 2018 the parties entered into that certain First Amendment to the Original Agreement.
C. On August 16, 2018 the parties entered into that certain Second Amendment to the Original Agreement.
D. On April, 2019 the parties entered into that certain Third Amendment to the Original Agreement.
E. On July 14, 2020 the parties entered into that certain Fourth Amendment to the Original Agreement.
F. On June 17, 2021 the parties entered into that certain Fifth Amendment to the Original Agreement.
G. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
H. The parties now desire to further amend and restate that Agreement as provided herein.
I. On June 1, 2023 the parties entered into that certain First Amendment to the Amended and Restated.
J. On June 6, 2024 the parties entered into that certain Second Amendment to the Amended and Restated.
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K. On June 5, 2025 the parties entered into that certain Third Amendment to the Amended and Restated.
2. Term
This Agreement shall commence on July 1, 2025, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
3. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
4. Performance
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
5. Payment
A. The City agrees to cause Consultant to be paid monthly, based upon actual time spent on the above tasks. This amount shall not exceed the following amounts for the specified periods, unless additional payment is approved by the City Council:
1) Seventy thousand dollars ($70,000) for the period of March 2, 2017 to June 30, 2018; 2) Forty thousand dollars ($40,000) for the period of July 1, 2018 to June 30, 2019; 3) Forty thousand dollars ($40,000) for the period of July 1, 2019 to June 30, 2020; 4) Forty-five thousand dollars ($45,000) for the period of July 1, 2020 to June 30, 2021; 5) Fifty-five thousand dollars ($55,000) for the period of July 1, 2021 to June 30, 2022; 6) Ninety-five thousand dollars ($95,000) for the period of July 1, 2022 to June 30, 2023; 7) Fifty-five thousand ($55,000) for the period of July 1, 2023 to June 30, 2024, 8) Seventy-five thousand ($75,000) for the period of July 1, 2024 to June 30, 2025, 9) Sixty-five thousand ($65,000) for the period of July 1, 2025 to June 30, 2026, Regular City Council Meeting - June 5, 2025
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in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
6. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
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8. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. Indemnification.
Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
10. Insurance Requirements.
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or Regular City Council Meeting - June 5, 2025
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in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, Regular City Council Meeting - June 5, 2025
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hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
11. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither Regular City Council Meeting - June 5, 2025
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City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
13. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
14. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
15. General Provisions
A. Notices
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Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: GRC Associates, Inc.
8060 Florence Avenue, Suite 303
Downey, CA 90240
Attention: Robert G. Vasquez
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
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E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Brian Berkson, Mayor
ATTEST:
Evelyne C. Ssenkoloto
Interim City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
CONSULTANT
By:
Robert G. Vasquez
President
Regular City Council Meeting - June 5, 2025
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EXHIBIT A
SCOPE OF SERVICES
A. SCOPE OF SERVICES – CDBG ADMINISTRATIVE SERVICES
The proposed scope of work will consist of the following key tasks:
1. CDBG Activities: Consultant staff will continue to provide technical services to determine eligible and ineligible CDBG activities such as eligible project cost, eligible administrative and planning costs, and similar program criteria expertise.
2. Federal Requirements: Consultant staff will continue to provide technical assistance on other federal requirements including: affirmative marketing, minority outreach, environmental review, displacement, relocation, acquisition, opportunity, disclosure requirements, debarred, suspended, or ineligible contractors, and drug-free work place.
3. IDIS - Program Administration: Consultant staff will continue to provide assistance with Agreements, Program Integrated Disbursement Information System (IDIS), Program income technical services and GRC will assist in providing inspections, audit, close-out, record-keeping, and performance reports.
4. Public-Private Partnerships: Consultant staff has the expertise to provide technical assistance in the review of private-public partnerships, site and neighborhood standards, income determinations, and similar program criteria.
5. Underwriting Assignments: Consultant staff can provide technical assistance in evaluating affordable housing projects, including maximum subsidy per unit, underwriting requirements, and subsidy layering.
6. Annual Action Plan and CAPER: Consultant staff will continue to prepare all required HUD reports such as the Annual Action Plan and the
Consolidated Annual Performance Evaluation Report (CAPER).
7. Amendments: GRC consultant staff will continue to provide technical assistance to amend the Consolidated Plan, Action Plan, Citizen Participation Plan and/or getting HUD approvals, as necessary.
8. Public Hearings: Consultant staff will continue to attend necessary City Council and/or Public Hearings and respond to HUD follow-up questions needed to receive the necessary HUD approvals.
9. IDIS: Consultant staff will prepare, update and maintain the City’s project and activity information provide to HUD’s mainframe IDIS System.
10. IDIS Training: Consultant staff will provide training services to City Staff on IDIS and HUD regulations and requirements.
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11. Audit Consultation: In the future, Consultant staff will gather available and necessary documents for HUD audits, act as a liaison between HUD and the City, and prepare the follow-up correspondence.
12. HUD Audit Responses: Consultant staff can provide technical expertise in responding to any HUD audit findings and/or concerns, take corrective actions, answer questions, and follow up with any other information as requested and/or needed.
13. Nonprofit Training/Consultation: Consultant will assist the City’s new nonprofits receiving CDBG funds, in order for them to understand HUD’s regulations and be in compliance with CDBG regulations.
14. Customer Service: Consultant staff will provide a high standard of care and support to internal customers (such as City elected officials and City staff) and external customers (such as residents, business owners, contractors, developers and staff from municipal, state and federal agencies). Consultant team has staff that speaks Spanish fluently, in case this language is needed by some City of Jurupa Valley residents, regarding responding to their CDBG-related questions and issues.
15. Ongoing Consultation Services: Consultant staff will provide day-to-day administration, consultation, and coordination with HUD, advise staff of federal and state program compliance issues, prepare amendments to the Consolidated Plan, recommend approval of HUD allowed expenditures, recommended updates for future programs, and other Program brochures, forms, and other reference materials.
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EXHIBIT B
QUOTATION FOR SERVICE
CDBG Administrative Budget : GRC proposes a total budget of $65,000 for CDBG administrative tasks. This budget would consist of the following:
A. CDBG Administrative Budget: GRC proposes a budget of $65,000, based on a times and materials basis, billed at hourly rates of $140 per hour for Robert G. Vasquez and Mike Linares, with an hourly rate of $80 per hour for additional professional staff.
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12774-0102\2660634v2.doc
FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR
CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT
SERVICES
THIS AGREEMENT is made and effective as of July 1, 2023, between the City of Jurupa Valley (“City”) and GRC Associates, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Recitals
This Agreement is made with respect to the following facts and purposes:
A. On March 2, 2017, the City and Consultant entered into that certain Agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND GRC ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES (the “Original Agreement”).
B. On March 15, 2018 the parties entered into that certain First Amendment to the Original Agreement.
C. On August 16, 2018 the parties entered into that certain Second Amendment to the Original Agreement.
D. On April, 2019 the parties entered into that certain Third Amendment to the Original Agreement.
E. On July 14, 2020 the parties entered into that certain Fourth Amendment to the Original Agreement.
F. On June 17, 2021 the parties entered into that certain Fifth Amendment to the Original Agreement.
G. The Original Agreement, as amended, shall collectively be referred to as the “Agreement.”
H. The parties now desire to further amend and restate that Agreement as provided herein.
I. On June 1, 2023 the parties entered into that certain First Amendment to the Amended and Restated.
2. Term
This Agreement shall commence on March 2, 2017, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in Regular City Council Meeting - June 5, 2025
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12774-0102\2660634v2.doc
no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.
3. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. .
4. Performance
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
5. Payment
A. The City agrees to cause Consultant to be paid monthly, based upon actual time spent on the above tasks. This amount shall not exceed the following amounts for the specified periods, unless additional payment is approved by the City Council:
1) Seventy thousand dollars ($70,000) for the period of March 2, 2017 to June 30, 2018; 2) Forty thousand dollars ($40,000) for the period of July 1, 2018 to June 30, 2019; 3) Forty thousand dollars ($40,000) for the period of July 1, 2019 to June 30, 2020; 4) Forty-five thousand dollars ($45,000) for the period of July 1, 2020 to June 30, 2021; 5) Fifty-five thousand dollars ($55,000) for the period of July 1, 2021 to June 30, 2022; 6) Ninety-five thousand dollars ($95,000) for the period of July 1, 2022 to June 30, 2023; 7) Fifty-five thousand ($55,000) for the period of July 1, 2023 to June 30, 2024, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it Regular City Council Meeting - June 5, 2025
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shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
6. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities Regular City Council Meeting - June 5, 2025
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related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. Indemnification.
Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
10. Insurance Requirements.
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
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c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
11. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
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12. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
13. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
14. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
15. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Manager
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To Consultant: GRC Associates, Inc.
8060 Florence Avenue, Suite 303
Downey, CA 90240
Attention: Robert G. Vasquez
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Chris Barajas, Mayor
ATTEST:
Evelyne Ssenkoloto, CMC
Interim City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
CONSULTANT
By:
Name:
Title:
By:
Name:
Title:
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
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EXHIBIT A
SCOPE OF SERVICES
A. SCOPE OF SERVICES – CDBG ADMINISTRATIVE SERVICES
The proposed scope of work will consist of the following key tasks:
1. CDBG Activities: Consultant staff will continue to provide technical services to determine eligible and ineligible CDBG activities such as eligible project cost, eligible administrative and planning costs, and similar program criteria expertise.
2. Federal Requirements: Consultant staff will continue to provide technical assistance on other federal requirements including: affirmative marketing, minority outreach, environmental review, displacement, relocation, acquisition, opportunity, disclosure requirements, debarred, suspended, or ineligible contractors, and drug-free work place.
3. IDIS - Program Administration: Consultant staff will continue to provide assistance with Agreements, Program Integrated Disbursement Information System (IDIS), Program income technical services and GRC will assist in providing inspections, audit, close -out, record-keeping, and performance reports.
4. Public-Private Partnerships: Consultant staff has the expertise to provide technical assistance in the review of private- public partnerships, site and neighborhood standards, income determinations, and similar program criteria.
5. Underwriting Assignments: Consultant staff can provide technical assistance in evaluating affordable housing projects, including maximum subsidy per unit, underwriting requirements, and subsidy layering.
6. Annual Action Plan and CAPER: Consultant staff will continue to prepare all required HUD reports such as the Annual Action Plan and the
Consolidated Annual Performance Evaluation Report (CAPER).
7. Amendments: GRC consultant staff will continue to provide technical assistance to amend the Consolidated Plan, Action Plan, Citizen Participation Plan and/or getting HUD approvals, as necessary.
8. Public Hearings: Consultant staff will continue to attend necessary City Council and/or Public Hearings and respond to HUD follow-up questions needed to receive the necessary HUD approvals.
9. IDIS: Consultant staff will prepare, update and maintain the City’s project and activity information provide to HUD’s mainframe IDIS System.
10. IDIS Training: Consultant staff will provide training services to City Staff on IDIS and HUD regulations and requirements.
11. Audit Consultation: In the future, Consultant staff will gather available and necessary documents for HUD audits, act as a liaison between HUD and the City, and prepare the follow-up correspondence.
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12. HUD Audit Responses: Consultant staff can provide technical expertise in responding to any HUD audit findings and/or concerns, take corrective actions, answer questions, and follow up with any other information as requested and/or needed.
13. Customer Service: Consultant staff will provide a high standard of care and support to internal customers (such as City elected officials and City staff) and external customers (such as residents, business owners, contractors, developers and staff from municipal, state and federal agencies). Consultant team has staff that speaks Spanish fluently, in case this language is needed by some City of Jurupa Valley residents, regarding responding to their CDBG-related questions and issues.
14. Ongoing Consultation Services: Consultant staff will provide day-to-day administration, consultation, and coordination with HUD, advise staff of federal and state program compliance issues, prepare amendments to the Consolidated Plan, recommend approval of HUD allowed expenditures, recommended updates for future programs, and other Program brochures, forms, and other reference materials.
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EXHIBIT B
QUO
TATION FOR SERVICE
CD
BG Administrative Budget: GRC proposes a budget of $55,000, the same budget amount as the previous fiscal year, based on a times and materials basis, billed at hourly rates of $120 per hour for Robert G. Vasquez and Mike Linares, with an hourly rate of $60 per hour for support staff.
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120
STAFF REPORT
DATE: JUNE 5, 2025
TO: HO
NORABLE MAYOR AND CITY COUNCIL
FR
OM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 12.E
AWARD O
F PUBLIC SERVICE GRANT APPLICANTS WITH
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
RECO
MMENDATION
1) Th
at the City Council approve the Agreement between the City of Jurupa Valley and Path of Life Ministries for Homelessness Services for an amount not to exceed $125,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney. 2) That the City Council approve the Agreement between the City of Jurupa Valley and Family Service Association for the Senior Nutrition Program for an amount not to exceed $25,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.
BACKGRO
UND
On a
n annual basis, the City of Jurupa Valley administers a Public Service Grant application process. The purpose of this process is to help the City determine which nonprofit social service organization(s) will receive Public Service Grants. Public Service Grants are funded through the City’s annual Community Development Block Grant (CDBG) allocation.
The C
ommunity Development Advisory Committee (CDAC) was established by the City Council to administer the Public Service Grant (PSG) selection process. The selection process requires social service organizations to submit a detailed grant application. The grant application is subject to a technical review from City staff and a policy -focused review by the CDAC. PSG applicants are invited to CDAC meetings to present their grant request and participate in a question and answer process. After the presentation, the CDAC assigns a score and a recommended funding allocation for each selected applicant. The funding allocations are then forwarded to the City Council for final approval.
RETURN TO AGENDA
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In FY 2024-25, the City received eight proposals to provide PSG eligible services and the City Council approved four applicants, Path of Life, Family Services Association, Girl’s on the Run and Jurupa Steelers to receive CDBG grant funding.
On March 21, 2024, Staff presented the CDAC recommendations to the City Council and on May 2, 2024, the City Council hosted a public hearing regarding the acceptance of the City’s 2024-25 Annual Action Plan. The 2024-25 Annual Action Plan provided a budget of $127,000.00 for homelessness services funding, $20,000.00 in funding for a senior nutrition program, $5,000.00 in funding for a youth football program, and $5,000 in funding for a girl’s youth development running program. At the conclusion of the public hearing, the City Council formally approved the 2024- 25 Annual Action Plan via Resolution No. 2024-26.
ANALYSIS
This year the PSG application was published on January 2, 2025. The application notified potential grantees that approximately $15 0,000.00 was available for the Public Service Grants for the 202 5-26 CDBG program year . In May, the Department of Housing and Urban Development (HUD) announced the final funding total of $1,026,523.00 for CDBG funding. HUD allows fifteen percent to be awarded to Public Service Grant applicants and for the FY 2025-26 the amount allowable is $150,000.
By the January 31, 2025 deadline, the City received eleven (11) PSG applications. City Staff, with support from the City’s CDBG consultant, GRC Associates (GRC), conducted an initial technical review to assess the eligibility based on federal guidelines. Of the eleven applications submitted, ten ( 10) applications were determined to be eligible and advanced for scoring and funding recommendations by the CDAC.
The CDBG program is governed by Federal law and regulations administered by HUD.
The compliance requirements associated with the CDBG program are notoriously onerous. As such, City Staff and GRC performed an initial technical review to measure the ability of each PSG applicant to comply with the rules and reporting requirements of the CDBG program. In the event that a PSG applicant is awarded CDBG funds but fails to provide the documentation to the City as required by HUD, the City may be held liable and could be subject to a comprehensive audit and pot ential enforcement action. While the PSG portion of the CDBG allocation is only 15% of the City’s total CDBG budget, a noncompliant PSG recipient could put the entirety of the program at risk.
On April 3, 2025, the City Council approved two applicants. The first applicant was Path of Life Ministries, Inc. (Path of Life) to provide homelessness outreach, homelessness prevention, case management, and emergency shelter services in the amount of $125,000. The second applicant was the Family Service Association (FSA) to provide a senior nutrition program in the amount of $2 5,000. The City has funded each of these organizations for the last six CDBG program years.
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Path of Life: CDBG Allocation
Path of Life provides a holistic approach to homelessness that includes three (3) major service areas: (1) homelessness prevention; (2) outreach; and (3) mitigation.
(1) Homelessness Prevention – Path of Life administers a program that provides short- term financial assistance to persons on the verge of homelessness. Services typically include short-term rental assistance, utility bill assistance, and financial counseling. In many cases, Jurupa Valley residents experiencing a financial disruption only need short- term help to “get back on their feet” financially after a sudden disruption in their financial situation (automobile accident, serious illness, job loss, etc.) . The rationality of the homelessness prevention approach is that i t is easier to reduce homelessness before it happens. For the 2021-22 CDBG program year, the homelessness prevention program was augmented with the CDBG -CV3 funds that Path of Life received for the Rental Assistance Program.
(2) Homelessness Outreach – Path of Life staff provide an outreach service that engages homeless individuals in Jurupa Valley. This is an important service offering because it enables the City and Path of Life to generate critical data that is used to formulate a citywide strategy to mitigate homelessness. This approach also builds trust between homeless persons and Path of Life – a necessity in encouraging homeless persons to accept the services being offered by Path of Life, which are paid for by the Ci ty’s CDBG funds.
Path of Life staff have become increasingly integrated into the City’s day -to-day operations. Code enforcement complaints involving homelessness now generate a holistic response that includes a Path of Life staff member. Path of Life staff often accompany code enforcement officers and are able to offer services to homeless persons involved in possible code violations.
(3) Homelessness Shelter & Mitigation – Path of Life administers a corporate campus in the City of Riverside that provides an array of homelessness mitigation services. As part of the proposed agreement with Path of Life, homeless persons from Jurupa Valley are guaranteed bed space at the Path of Life homeless shelter. As a homeless person moves through the intake process at the Path of Life campus, they are offered a variety of services that include, but are not limited to, employment opportunities and i nterview coaching, free meals, mental health counseling, and substance abuse treatment programs. The proposed agreement with Path of Life guarantees at least three (3) beds per night for Jurupa Valley residents experiencing homelessness in Jurupa Valley.
Family Service Association: CDBG Allocation
FSA’s Senior Nutrition Program provides nutritionally balanced meals to seniors (over 62 years in age) at the Eddie D. Smith Center. A registered dietician participates in the meal preparation process to maximize the quality of each meal. The provision of balanced and nutrient rich meals helps mitigate the development of serious health issues. The Regular City Council Meeting - June 5, 2025
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recommended $25,000 allocation will result in the FSA cont inuing to provide nutritious meals to our senior community.
FINANCIAL IMPACT
The 2025-26 Annual Action Plan provided a $150,000.00 budget for Public Service Grants. The services described in the attached Agreement with Path of Life Ministries and the Family Service Association are reimbursable to the City through the City’s 2025- 26 CDBG allocation.
ALTERNATIVES
1. Do not approve the Agreement with Path of Life Ministries.
2. Do not approve the Agreement with Family Service Association.
3. Provide alternate direction to Staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
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Reviewed by:
Suft.:=
Director of Finance
Approved as to form:
Peter Thorson
City Attorney
Attachments:
Reviewed by:
Michael Flad
Assistant City Manager
Submitted by:
�#-
Rod B. Butler
City Manager
A. Agreement between the City of Jurupa Valley and Path of Life Ministries for Homelessness Services for the 2025-26 CDBG Program Year B. Agreement between the City of Jurupa Valley and Family Service Association for the Senior Nutrition Program for the 2025-26 CDBG Program Year Page I s
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COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND PATH OF LIFE MINISTRIES, INC.
(Homelessness Services)
THIS AGREEMENT is made and entered into as of July 1, 2025, by and between the CITY OF JURUPA VALLEY, a California municipal corporation ( “City”) and PATH OF LIFE MINISTRIES, INC., a California non-profit corporation (“Subrecipient”). In consideration of the mutual covenants set forth herein, and the mutual benefits to be derived there from, City and Subrecipient agree as follows:
1. RECITALS. The parties hereto agree that this Agreement is made with respect to the following purposes:
1.1 The City has applied for and been approved for grant funds from the United States Department of Housing and Urban Development ( “HUD”) for City’s fiscal year 2025-26 Community Development Block Grant ( “CDBG”), Catalog of Federal Domestic Assistance (“CFDA”) No. 14.218, Program and will administer/monitor the distribution of said funds.
1.2 The Subrecipient h as submitted its proposal to the Community & Economic Development Department, Development Division to receive funding from the City’s fiscal year 2025-26 CDBG Program, pursuant to the Housing and Community Development Act of 1974, as amended.
1.3 The Federal Accounting and Transparency Act of 2006 ( “the Act ”) became effective on October 1, 2010, and requires all CDBG grant recipients to include specific provisions in their grant agreements that are identified in Section 11.8 below.
1.4 Subrecipient agrees and understands that the Act requires additional reporting requirements, which includes providing information regarding the total compensation and names for the top five highest paid executives of its agency. Further, Subrecipient is referred to as the “Contractor” in Section 11.8 below.
2. SCOPE OF SERVICES. Subrecipient shall provide Homeless Services Program services, as more particularly described in Exhibit “A”, entitled Scope of Services ( “Services”), and Exhibit “B”, entitled Budget ( “Budget”), attached and incorporated by reference, in accordance with this Agreement.
3. TERM. The term of this Agreement shall be from July 1, 2025, to June 30, 2026, except that this Agreement shall remain in eff ect during any period that Subrecipient has control over CDBG funds, including program income.
4. COMPENSATION/PAYMENT. Subrecipient shall fully perform the Services to be provided under this Agreement for a total sum not to exceed one- hundred and twenty -five thousand dollars ($125,000.00). Payment shall be made pursuant to the Budget and Section 10.6 of this Agreement. Invoices submitted by Subrecipient shall be delivered to C ity in accordance with Section 5.
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5. NOTICES. Any notices, invoices , or payments provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified, and postage prepaid, addressed to the party to be served as follows:
City
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Subrecipient
Path of Life Ministries, Inc
P.O. Box 1445
Riverside, CA 92502
6. AVAILABILITY OF FUNDS/AUTHORIZATION. The City’s allocation of funding to Subrecipient pursuant to this Agreement is contingent upon the availability to the City of CDBG funds and continued authorization for program activities by HUD, and is subject to amendment or termination due to lack of funds or authorization in accordance with Section 10.15.
This Agreement is subject to written modification or termination as necessary by City in accordance with requirements of future CDBG amendments, regulations or City policy. In addition, this Agreement may be amended or terminated as provided in Sections 9.5 and 9.6 of this Agreement.
7. EFFECTIVE DATE. This Agreement, following its execution by City and Subrecipient, shall not become effective until such time as the City Manager, or his or her designee:
submits to Subrecipient written notice that: (1) The City Manager , or his or her designee , has determined and verified, in his or her sole discretion, that Subrecipient is an eligible s ubrecipient (“Eligible Subrecipient”) as defined in Title 24, Code of Federal Regulations section 570.204(c) ; and (2) the allocation and availability of funds as described in Section 6 has occurred. Subrecipient represents and warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify City in writing of such lapse of qualification.
8. COMPLIANCE. By executing this Agreement, the Subrecipient hereby certifies that it will adhere to and comply with the same obligations to the City that the City has undertaken with HUD pursuant to its application and certifications for CDBG funds, including, but not limited to, the following, as they may be applicable to Subrecipient pursuant to the U.S. Housing and Community Development Act of 1974, as amended:
A. The Housing and Community Development Act of 1974, as amended, and legislative changes contained in the Housing and Urban -Rural Recovery Act of 1983, and the Housing and Community Development Act of 1987;
B. Regulations of the Department of Housing and Urban Development relating to CDBG, including all Federal laws and regulations described in subpart K of 24 CFR Part 570, except that:
(1) Subrecipient does not assume City’s responsibility for initiating the review process under the provisions of 24 CFR part 52; and Regular City Council Meeting - June 5, 2025
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(2) Subrecipient does not assume City’s environmental responsibilities; C. Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) and implementing regulations issued at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968 (P.L. 90- 284) as amended; Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto; Section 3 of the Housing and Urban Development Act of 1968, as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; D. Section 504 of the Rehabilitation Act of 1973 (P.L. 93- 112), as amended, and implementing regulations;
E. The Age Discrimination Act of 1975 (P.L. 94- 135), as amended, and implementing regulations;
F. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
G. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; H. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; I. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234);
J. The regulations, policies, guidelines and requirements of 2 CFR Part 200 as they relate to the acceptance and use of federal funds under the federally-assisted program; K. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821 et seq.), the Residential Lead-Based Paint Hazard Act of 1992 (42 U.S.C. § 4851-4956) and the regulations of 24 CFR Part 35; and safety regulations; and
L. The Federal Accounting and T ransparency Act of 2006, P.L. 109- 282, as amended by Section 6202(a) of P.L. 110-252.
Copies of some of the foregoing Policies and Regulations are attached hereto as Exhibit “C”.
9. GENERAL CONDITIONS.
9.1 Subrecipient as Independent Contractor . Subrecipient, information is attached in Exhibit “D”. In the performance of this Agreement, Subrecipient, and Subrecipient ’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City. Subrecipient acknowledges and agrees Regular City Council Meeting - June 5, 2025
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that the City has no obligation to pay or withhold state or federal taxes or to provide workers ’ compensation or unemployment insurance to Subrecipient, or to Subrecipient ’s employees, subcontractors and agents. Subrecipient, as an independent contractor, shall be responsible for any and all taxes that apply to Subrecipient as an employer.
9.2 Indemnity.
A. Except as to the sole negligence or willful misconduct of the City, Subrecipient shall defend, indemnify, and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Subrecipient or any of its employees, agents or subcontractors and from all claims by Subrecipient ’s employees, subcontractors and age nts for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct , or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient’s employees, subcontractors, or agents. Subrecipient understands and agrees that it shall defend the City from any claim even if it appears to be without merit.
B. Subrecipient shall also defend, indemnify and hold City harmless from any loss, damage or attorneys ’ fees incurred because of any claim by any person or entity, including HUD, because Subrecipient has failed to meet any CDBG requirements.
C. The parties also expressly agree that any payment, attorneys’ fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City’s self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement.
9.3 Insurance.
A. General Provisions . Prior to the City’s execution of this Agreement, Subrecipient shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City Manager, or his or her designee, unless such modification is prohibited by law.
B. Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient’s indemnification obligations under Section 9.2 hereof.
C. Ratings. Any insurance policy or coverage provided by Subrecipient or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder ’s rating of A or higher and a Financial Class of VII or higher.
D. Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
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E. Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage as Subrecipient deems adequate, at Subrecipient’s sole expense.
F. Workers’ Compensation Insurance : By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self -insurance before commencing any of the work.
Subrecipient shall carry the insurance or provide for self -insurance required by California law to protect said Subrecipient from claims under the Workers ’ Compensation Act. Prior to City ’s execution of this Agreement, Subrecipient shall file with City either (i) a certificate of insurance showing that such insurance is in effect, or that Subrecipient is self -insured for such coverage, or (ii) a certified statement that Subrecipient has no employees, and acknowledging that if Subrecipient does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given at least ten (10) days prior written notice before modification or cancellation thereof.
G. Commercial General Liability . Prior to City’ s execution of this Agreement, Subrecipient shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance as required to insure Subrecipient against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Subrecipient. The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s insurance policies.
(1) Subrecipient’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent contractor ’s liability, personal injury liability, and contractual liability) in an amount not less than one million dollars ($1,000,000) per occurrence and a general aggregate limit in the amount of not less than two million dollars ($2,000,000).
(2) Prior to City ’s execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees, and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Jurupa Valley, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Jurupa Valley.
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H. Subcontractors’ Insurance . Subrecipient shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors ’ scope of work and activities provided in furtherance of this Agreement, including, without limitation, the following coverages: Workers ’ Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability.
Upon City’s request, Subrecipient shall provide City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.
I. Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those Subrecipients that do not require the use of an automobile to meet program requirements as detailed in the Scope of Work.
(1) Subrecipients that require the use of an automobile or must drive to meet program requirements in the Scope of Work must submit insurance certificates acceptable to City that meet the following requirement(s):
(2) Subrecipient’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than one million dollars ($1,000,000) per occurrence and an aggregate limit of not less than one million dollars ( $1,000,000). All of Subrecipient’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient ’s performance of this Agreement, which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Subrecipient leased vehicles, Subrecipient’s employee vehicles, non-Subrecipient owned vehicles and hired vehicles. (3) The City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient’s automobile insurance policy.
J. All insurance deductibles shall not exceed twenty- five thousand dollars ($25,000) unless the City Manager approves in writing another deductible amount prior to commencement of work.
9.4 Recognition of City. Subrecipient shall ensure recognition of the City in providing funding for the Services provided by this Agreement. All activities, facilities, items and publications utilized or made possible pursuant to this Agreement shall indicate the funding source.
9.5 Amendment. In addition to the City’s right to modify pursuant to Section 6 of the Agreement, this Agreement may only be modified by written agreement between City and Subrecipient.
9.6 Termination. In addition to the City’s right to terminate pursuant to Section 6 of this Agreement, this Agreement may be terminated at any time by either party upon giving thirty (30) day notice in writing to the other party. The City Manager, or his or her designee, is hereby empowered to give said notice, subject to ratification by the City Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation, or substantial reduction in Grant funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if Subrecipient materially fails to comply with any term of this Agreement, or the award that is the subject of this Agreement, whether stated in a Federal Regular City Council Meeting - June 5, 2025
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statute or regulation, an assurance, in a State plan or obligation, a notice of award, or elsewhere, the awarding agency or City may take any one or more of the following actions, as appropriate in the circumstances:
A. Temporarily withhold cash payments pending cor rection of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; B. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; C. Wholly or partly suspend or terminate the current award for the City’s or Subrecipient’s program;
D. Withhold further awards for the program; or
E. Take other remedies that may be legally available.
Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with 2 CFR Part 200.
9.7 Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if (i ) the costs resulted from obligations whi ch were properly incurred by the Subrecipient before the effect ive date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (ii ) the costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.
9.8 Extensions. This Agreement, and all of its terms and conditions, may be extended upon the written request of Subrecipient to the City, setting forth the reasons for such request and upon written consent of the City Manager, or a designee, upon a determination that the extension is in the best interest of the City and Subrecipient in performing Services under this Agreement.
This Agreement may be extended for one fiscal year in the sole discretion of the City Manager, at which time this Agreement shall automatically terminate. Extensions shall be requested in writing from the City Manager at least sixty (60) days prior to the termination of the Agreement, unless the City Manager, in his or her sole discretion, agrees in writing to shorten the time in which an extension may be requested.
10. ADMINISTRATIVE REQUIREMENTS.
10.1 Revenue Disclosure Requirement.
A. Revenue Disclosure Requirement. Subrecipient certifies that it has previously filed with the City a written statement listing all revenue received, or expected to be received, by Subrecipient from Federal, State, City, County, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by Regular City Council Meeting - June 5, 2025
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Subrecipient in conducting current or prospective projects, programs, or business activities, including, but not limited to the project, program, or business activity which is the subject of this Agreement. Such statement shall reflect the name and a descr iption of such project, program, or business activity, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project, program, or business activity, and the full name and address of such governmental agency.
B. For those projects, programs, and business activities in which there are sources of funds from the private sector in addition to Grant funds, Subrecipient shall provide proof of such funding. City shall not pay for any services provided by Subrecipient whi ch are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total project, program, or business activity regardless of funding sources.
10.2 Use of Grant Funds. Except as otherwise limited by this Agreement, Grant funds shall be used exclusively to implement the project, program, business activity, and carry- out the Services. Grant funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non- program activities. All bank accounts for Subrecipient shall be non-interest bearing and Subrecipient agrees that it shall not use Grant funds to pay for entertainment, meals, or gifts.
10.3 Annual Budget. The Subrecipient hereby certifies and agrees that the Grant funds received shall be used exclusively as described in the Budget . Subrecipient shall not make expenditures that deviate from the Budget without prior written approval of the City Manager, or his or her Designee. City may approve Budget modifications to this Agreement for the movement of funds within the budget categories when such modifications: (i) do not exceed ten thousand dollars ($10,000) per budget cost category; (ii) are specifically requested by City; (iii) do not alter the amount of compensation subject to or under this Agreement; (iv) will not change the project, program, or business activity goals or scope of services; (v) are in the best interests of City and Subrecipient in performing the scope of services under this Agreement; and ( vi) are related to salaries, are in accordance with applicable salary ordinances or law.
10.4 Property and Equipment.
A. Non-Expendable Property or Equipment . Subrecipient shall maintain a record for each item of non-expendable property or equipment acquired for this project, program, or business activity with Grant funds. This record shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City. Non- expendable property or equipment means tangible personal property having a useful life of more than one (1) year and acquisition cost which equals or exce eds the lesser of: (i) the capitalization level established by the organization for the financial statement purposes; or (ii) Five Thousand Dollars ($5,000) or more per unit.
B. Approval. Subrecipient shall not purchase or agree to purchase non- expendable property and/or equipment without the prior written approval from the City Manager, or his or her Designee. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of said non -expendable property acquired for this project, Regular City Council Meeting - June 5, 2025
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program, or business activity and Grant funds in compliance with applicable laws and regulations.
Said disposition may include, but is not limited to, City taking possession of said non-expendable property and/or equipment.
C. Expendable Personal Property. Expendable personal property refers to all tangible personal property other than non- expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Five Thousand Dollars ($5,000) or more per unit without the prior written approval of the City Manager, or his or her Designee.
D. Purchase or Lease of Non -Expendable Property or Equipment .
Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Five Thousand Dollars ($5,000) in unit value as approved in the Budget. Subrecipient shall purchase or lease from the lowest responsive bidder. All equipment that has a purchase or lease price of over Five Thousand Dollars ($5,000) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by Subrecipient. This inventory shall be provided to City as well as being available for inspection and audit upon reasonable notice by the City at the request of City.
E. Acquisition of Supplies and Equipment . Following approval by City Manager for necessary supplies and equipment for Agreement performance, Subrecipient may purchase from a related agency/organization only if: (i) prior authorization is obtained in writing from City; (ii) no more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by City Manager; and (iii) a community related benefit is derived from such Subrecipient or its employees, agents or officers.
F. Purchase and Invoice Deadlines . Purchase of equipment and property, other than supplies, shall be completed before the first day of the last three (3) months of the Agreement period and all equipment bills are to be paid before the first day of the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement. Invoices, which have not been received by the City within thirty (30) days after the Agreement termination date, shall not be honored. Exceptions to these limitations require prior written approval by the City Manager.
10.5 Changes in Grant Allocation . City reserves the right to reduce the grant allocation when City ’s fiscal monitoring indicates that Subrecipient’ s rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with Subrecipient. Such changes shall be incorporated into this Agreement by written amendments.
10.6 Costs and Method of Payment.
A. Invoicing. The City shall pay to the Subrecipient the Grant amount specified in Section 4 of this Agreement above on a reimbursable basis for all approved costs. The Regular City Council Meeting - June 5, 2025
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Subrecipient shall submit not more often than monthly to the authorized representatives of the City, a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with supporting documentation which specifically states how funds were expended. At City’s discretion and in accordance with HUD regulations, said documentation may include, but will not be limited to, cancelled checks, invoices, receipts, payroll logs and employee time sheets.
B. Reimbursement. The City shall promptly review the monthly expenditure statement and supporting documentation and reimburse the Subrecipient for approved costs in accordance with its usual accounting procedures, but in no event later than thirty (30) days. The City may require additional information from Subrecipient as may be necessary and appropriate for the City to make its determination as to allowable costs.
10.7 Program Income.
A. The term “program income ” means any gross income received by the Subrecipient that is directly generated from the use of Grant funds (24 CFR § 570.500(a)). Program income includes, but is not limited to, the following: (i) proceeds from the disposition by sale or long-term lease of rental property purchased or improved with Grant funds; (ii) proceeds from the disposition of equipment purchased with Grant funds; (iii) gross income from the use or rental of real or personal property acquired with Grant funds, less the costs incidental to the generation of the income, pending the disposition or use for which the property was acquired; (iv) gross income from the use or rental of real property owned by Subrecipient that was constructed or improved with Grant funds, less the costs incidental to the generation of the income; (v) payments received of principal and interest on loans made with Grant funds; (vi) interest earned on Grant funds held in a revolving fund account; and (vii) interest earned on program income, pending the disposition of such program income.
B. As defined in 24 CFR § 570.500(a)(4)(i), program income does not include any income received in a single program year by City and Subrecipient if the total amount of such income does not exceed Twenty-five Thousand Dollars ($25,000). When such income is generated by an activity that is only partially assisted with Grant funds, the program income shall be prorated to reflect the percentage of Grant funds actually used by Subrecipient. Subrecipient shall account for program income in accordance with the standards included in 2 CFR Part 200 and 24 CFR Part 500.
10.8 Recording of Program Income. Program income shall only be allowed under this Agreement, if previously approved by the City and evidenced in the Budget. If the Budget includes any of the aforementioned categories of program income or other categories defined in 24 CFR § 570.503(a), (b)(3) and (8), and § 570.504, Subrecipient shall record the receipt and expenditure of program income, as defined above and in 24 CFR § 570.500(a), as part of the permanent records of the financial transactions of the grant program.
10.9 Retention of Program Income. Program income received by Subrecipient, as approved in the Budget, may be retained by Subrecipient only if such income is treated as additional Grant funds to be used to continue providing Services. Furthermore, all other provisions of this Agreement shal l apply to any services provided with program income. Program income Regular City Council Meeting - June 5, 2025
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must be used before drawing down additional grant funds from the City, except in the case of a revolving fund. In the case of program income in a revolving fund, the Subrecipient must use the program income for the activity for which the revolving fund was established, before drawing down additional Grant funds for the activity.
10.10 Reversion of Assets. Subrecipient hereby agrees to return all program income, as defined by 24 CFR § 570.500, which is on hand upon expiration of this Agreement, or which is received after the Agreement’s expiration, to the City as required by § 570.503(b)(7) of said Title.
Upon expiration of the Agreement, real property under Subrecipient ’s control acquired or improved in whole or in part with Grant funds (including Grant funds provided to Subrecipient in the form of a loan) in excess of Twenty -five Thousand Dollars ($25,000) shall be either: (i) used to meet one of the national objectives in 24 CFR § 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by the City; or (ii) not used in accordance with 24 CFR § 570.503(b)(7)(i), in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- Grant funds for the acquisition of, or improvement to, the property. The payment is program income to the City. No payment is required after the period of time specified above.
10.11 Use of Real Property . Subrecipient hereby agrees to comply with 24 CFR § 570.505 governing the use of real property. For the purposes of this Agreement “ real property” means land, including land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. Said standards apply to real property within Subrecipient ’s control which was acquired or improved in whole or in part using Grant funds in excess of Twenty- five Thousand Dollars ($25,000). These standards shall apply from the date Grant funds are first spent for the property until five years after the expiration of the Agreement under which the CDBG assistance was last provided to Subrecipient for the property.
10.12 NEPA Compliance . Subrecipie nt agrees that when Grant funds in excess of Twenty-five Thousand Dollars ($25,000) are used by Subrecipient to acquire real property or construct or add fixtures to a public facility Subrecipient will comply with the National Environment Policy Act of 1969, the California Environment Quality Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and California Government Code § 7260, et seq.
10.13 Change in Use . Subrecipient may not change the use or planned use of the real property, including the beneficiaries of such use, from that for which the acquisition or improvement was made unless the City provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change. After the public comment period has taken place, the change of use must be approved in writing by City. The new use of the real property must meet one of the three broad national objectives of the CDBG Program: (i) principally benefit low and moderate income individuals and families; (ii) aid in the elimination and prevention of slums and blight; or (iii) address other community health and safety needs having a particular urgency. Additionally, the property shall not serve as a building for the general conduct of government in its projected new use.
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10.14 Disposition of Real Property. Real property may be disposed of in the following manner, only after City has provided affected citizens with reasonable notice, and after receiving prior written approval from City Manager that the property is no longer needed for a use which meets one of the aforementioned three national objectives of the CDBG Program:
A. Title to the real property shall vest in Subrecipient su bject to the condition that Subrecipient shall use the real property for the authorized purpose of the project, program, or business activity as long as it is needed, and shall not encumber the property without approval of the City;
B. While held by Subrecipient, the real property or the facility constructed or receiving the added fixtures is to be used exclusively for the purposes for which acquisition, construction or improvement was originally approved;
C. Written approval from the City Manager must be secured if the property or facility is to be put to an alternative use that is consistent with federal regulations governing Grant funds;
D. Should the real property or the improved or constructed facility be used, during the term set forth in this Agreement, for a purpose not consistent with applicable federal regulations governing Grant funds or should Subrecipient desire to sell the real property or facility, then:
(1) If Subrecipient retains title, it will have to either reimburse to the City an amount that represents the percentage of current fair market value that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or add fixtures to the facility; or
(2) If Subrecipient sells the property or facility or is required to sell or otherwise convey the property or facility, Subrecipient is to reimburse either City an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that Grant funds comprised moneys paid to initially acquire the property or construct or improve the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.
E. If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in 24 CFR § 570.504(b)(4) or (5), as applicable, shall apply to the use of funds reimbursed.
F. Following the reimbursement to the CDBG Program in accordance with 24 CFR § 570.505(b), the property no longer will be subject to any CDBG requirements.
10.15 Fiscal Limitations. The United States of America through HUD may in the future place programmatic or fiscal limitation(s) on Grant funds not presently anticipated. Accordingly, City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit Subrecipient ’s authority to commit and spend funds, and may restrict Subrecipient ’s use of both its uncommitted and its Regular City Council Meeting - June 5, 2025
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unspent funds. Where HUD has directed or requested City to implement a reduction in funding, with respect to funding for this Agreement, the City Manager , or his or her designee, may act for City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The City Manager, or his or her designee , may act for City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days written notice to Subrecipient of his or her intention to so act. In no event, however, shall any revision made by City affect expenditures and legally binding commitments made by Subrecipient before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
10.16 Program Records . The Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities in accordance with the requirements of the Housing and Community Development Act and its regulations, including 2 CFR Part 200, and 24 CFR Part 570 or other applicable law, such records shall be maintained for the longer of (i) 3 years after the expiration or termination of this Agreement, or (ii) 3 years after the submission of the annual performance and evaluation report, as prescribed in 24 CFR
91.520, in which the specific activity is reported on for the final time. The Subrecipient specifically shall prepare and maintain the following records and reports , as a applicable, to assist City in maintaining its record keeping requirements:
A. Records:
(1) Documentation of the income level as defined by the HUD Guidelines set forth on the Compliance Report.
(2) Documentation of the number of persons and/or families participating in or benefiting by the Subrecipient’s project, program, or business activity.
(3) Documentation of all Grant funds received from the City or other funds to operate the project, program, or business activity herein by Subrecipient.
(4) Documentation of expenses as identified in the Subrecipient’s Annual Program Budget.
(5) Any other related records as City shall require from time to time.
B. Reports:
(1) Payment Request form.
(2) Quarterly reports to City commencing July 1 of the Program Year and ending June 30 of the Program Year.
(3) Any such other reports as City shall reasonably require. Failure to provide such reports may result in the Subrecipient jeopardizing said Grant funds as provided herein.
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10.17 Performance Monitoring . The City will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated.
10.18 Accounting Standards. The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain source documentation for all costs incurred.
10.19 Cost Principles . The Subrecipient shall administer its project, program, or business activity in conformance with 2 CFR Part 200, as applicable.
10.20 Audits.
A. Records. The Subrecipient’s records shall be open to inspection and audit by the authorized representatives of the City, HUD and the Comptroller General during regular working hours. Said records shall be retained for such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than five (5) years after completion of an audit. Records which relate to (i) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (ii) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation claims or exceptions.
B. External Audits. If required by HUD, Subrecipient shall obtain an external audit in accordance with the single audit regulations. The audit report shall be submitted to City within 180 days after the termination of this Agreement. Subrecipients which receive less than $750,000 in total federal financial assistance annually, shall be monitored through site visits, limited scope audits, or other means in accordance with 31 U .S.C. § 7502(f)(2)(B). The cost of any independent audits or attestation engagements, other than limited scope audits shall not be charged to the Federal awards in accordance with 2 CFR Part 200 and 31 U .S.C. § 7505(b)(1)(A)(ii). Subrecipients which receive $750,000 or more in total federal financial assistance in a year are required to obtain an independent audit in accordance with 2 CFR Part 200 and 31 U.S.C. § 7502(a)(1)(A).
10.21 Personnel. Subrecipient shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Subrecipient recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services.
11. MISCELLANEOUS PROVISIONS.
11.1 Nondiscrimination. Subrecipient shall maintain and operate all facilities and deliver services to the community and program participants in a manner, which is non- discriminatory.
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11.2 National Origin and Race. Subrecipient shall abide by § 570.601 and § 570.912 of the Code of Federal Regulations at Title 24 which requires that no person in the United States shall on the ground of religion, race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds.
11.3 Sexual Orientation and AIDS. Subrecipient further agrees not to discriminate on the grounds of sexual orientation or disability, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, genetic information, gender, gender identity, or gender expression.
11.4 Disabilities. Pursuant to the Americans with Disabilities Act and specifically 42 USC § 12132, Subrecipient acknowledges and agrees that in the performance of the Grant, no qualified individual shall, by reason of a disability, be excluded from participation in or be denied the benefits of the services, programs or activities of City or Subrecipient or be subjected to discrimination by City or Subrecipient.
11.5 Conflict of Interest.
A. Subrecipient and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR § 570.611. Subrecipient understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR § 570.611(d). Any request by Subrecipient for an exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, City will consider the factors listed in 24 CFR § 570.611(e).
B. Prior to any funding under this Agreement, Subrecipient shall provide City with a list of all employees and their job titles, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. Subrecipient shall also promptly disclose to City any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Agreement. Any violation of this S ection shall be deemed a material breach of th is Agreement, and City shall immediately terminate the Agreement.
11.6 Religious Proselytizing or Political Activities . Subrecipient agrees that it will abide by the requirements set forth in 24 CFR § 570.200; and as such Subrecipient agrees that, in connection with such public services:
A. It will not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services. If such activities are conducted, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services; and
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B. It shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. It may not use CDBG funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CD BG funds.
Sanctuaries, chapels, or other rooms that a CDBG -funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG -funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition.
11.7 Lobbying. Subrecipient certifies to the best of its knowledge and belief, that:
A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
11.8 Reporting Executive Compensation and First-Tier Subcontract Awards.
A. Definitions. As used in this clause:
“Executive” means officers, managing partners, or any other employees in management positions.
“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes Regular City Council Meeting - June 5, 2025
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supplier agreements with vendors, such as long- term arrangements for materials or supplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non- equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax- qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
B. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109- 282), as amended by section 6202 the Government Funding Transparency Act of 2008 (Pub. L. 110- 252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.
C. (1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor ’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
Regular City Council Meeting - June 5, 2025