REGULAR MEETING AGENDA OF THE JURUPA VALLEY CITY
REGULAR MEETING AGENDA OF THE JURUPA VALLEY CITY COUNCIL Thursday, April 2, 2015 Closed Session: 6:00 p.m. Regular Session: 7:00 p.m. City Council Chamber 8930 Limonite Avenue, Jurupa Valley, CA 92509 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. 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. 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. B. C. 1. 6:00 P.M. - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● ● ● ● ● 2. Brad Hancock, Mayor Laura Roughton, Mayor Pro Tem Brian Berkson, Council Member Frank Johnston, Council Member Verne Lauritzen, Council Member CLOSED SESSION A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS B. CITY MANAGER EMPLOYMENT AGREEMENT. The City Council will meet in closed session pursuant to Government Code Section 54957.6 to meet with its designated representatives, Mayor Brad Hancock, Mayor pro Tem Laura Roughton and City Attorney Peter Thorson, to provide direction to the designated representatives concerning the negotiation of salary, compensation and/or benefits for the unrepresented employee position of City Manager. The City Council will only consider Page - 1 - and discuss the salary, compensation and/or benefits for the position of City Manager. Any proposed employment agreement for the position of City Manager will be considered and discussed at a regular public meeting before taking final action on this matter. C. 3. 7:00 P.M. - RECONVENE IN OPEN SESSION A. 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: (1) Martinez v. City of Jurupa Valley et al. (United States District Court Civil Action No. 5:15-CV-00452-TJH-KK). ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED SESSION CALL TO ORDER AND ROLL CALL Brad Hancock, Mayor Laura Roughton, Mayor Pro Tem Brian Berkson, Council Member Frank Johnston, Council Member Verne Lauritzen, Council Member ● ● ● ● ● 5. INVOCATION 6. PLEDGE OF ALLEGIANCE AND PRESENTATION OF THE COLORS – LED BY GIRL SCOUT TROOP 953 7. APPROVAL OF AGENDA 8. PRESENTATIONS A. 9. UPDATE ON THE CLAY STREET AND UNION PACIFIC RAILROAD GRADE SEPARATION PROJECT PUBLIC APPEARANCE/COMMENTS 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. Page - 2 - 10. INTRODUCTIONS, ACKNOWLEDGEMENTS, ANNOUNCEMENTS 11. CITY MANAGER’S UPDATE 12. APPROVAL OF MINUTES A. 13. COUNCIL COMMENTS AND MARCH 19, 2015 REGULAR MEETING CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.) A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN THE AGENDA Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda. B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF $651,917.93 Requested Action: and 19, 2015. C. That the City Council ratify the check registers dated March 12 ORDINANCE NO. 2015-05 Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2015-05, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING AN AMENDMENT TO RIVERSIDE COUNTY ZONING MAP NO. 15 (JURUPA AREA PLAN) CHANGING THE ZONE OF AN APPROXIMATELY 17.4 ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF 68TH STREET AND PATS RANCH ROAD (APNS: 152-020-012; 152-020-021; 152-020-022) FROM INDUSTRIAL PARK (IP) ZONE TO A GENERAL RESIDENTIAL (R-3) ZONE D. Page - 3 - MASTER APPLICATION (MA) NO. 14126 (SDP31436) AUTHORIZATION FOR THE CITY MANAGER TO CONTRACT WITH LSA ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SPACE CENTER INDUSTRIAL PROJECT PROPOSED BY SPACE CENTER (APPLICANT: SPACE CENTER MIRA LOMA, INC. ) Requested Action: That the City Council authorize the City Manager to contract for the completion of an Environmental Impact Report (EIR) with LSA Associates Inc. for the proposed Space Center Industrial Project Environmental Impact Report (EIR) in an amount not to exceed $145,405.00 (includes 10% contingency) to be funded entirely by the applicant's advance deposit sufficient to cover completion of the EIR document. 14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT CALENDAR 15. PUBLIC HEARING A. PUBLIC HEARING AND APPROVAL OF THE APPROXIMATELY $4 MILLION IN TAX EXEMPT REVENUE BONDS FOR THE ACQUISITION AND INSTALLATION OF FOOD PROCESSING EQUIPMENT FOR CARDENAS THREE, LLC, TO BE ISSUED BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY 1. Requested Action: That the City Council conduct the public hearing concerning the conduit financing for Cardenas Three LLC under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended; and 2. Approve the City joining California Municipal Finance Authority and the Joint Powers Agreement for California Municipal Finance Authority; and 3. Adopt Resolution No. 2015-17, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF REVENUE BONDS FOR THE BENEFIT OF CARDENAS THREE, LLC (OR AN AFFILIATE THEREOF) 16. COUNCIL BUSINESS A. REVIEW OF A DRAFT ZONING CODE AMENDMENT TO REVISE CHAPTER 17.254 TEMPORARY SIGNS (CONTINUED FROM THE MARCH 19, 2015 MEETING) Requested Action: That the City Council review a Draft Amendment to the City of Jurupa Valley Zoning Ordinance for revisions to Chapter 17.254 Temporary Signs of the Jurupa Valley Zoning Code and give direction to staff. Page - 4 - B. GENERAL PLAN ADVISORY COMMITTEE (GPAC): APPOINTMENT OF A REPLACEMENT EX OFFICIO MEMBER FOR THE RIVERSIDE COUNTY FIRE DEPARTMENT Requested Action: That the City Council appoint Battalion Chief Justin Scribner to replace Division Chief Silvio Lanzas as the General Plan Advisory Committee (GPAC) ex officio member for the Riverside County Fire Department. C. APPROVAL OF AMENDMENT TO MUNICIPAL CODE AMENDING CHAPTER 8.56, HAZARDOUS VEGETATION, TO ADD “TUMBLEWEEDS” TO THE DEFINITION OF HAZARDOUS VEGETATION AND PROVIDE FOR THE ABATEMENT OF TUMBLEWEEDS AND OTHER HAZARDOUS VEGETATION Requested Action: That the City Council introduce Ordinance No. 2015-06, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY AMENDING CHAPTER 8.56, HAZARDOUS VEGETATION, OF THE RIVERSIDE COUNTY CODE OF ORDINANCES, AS ADOPTED BY THE CITY, TO ADD TUMBLEWEEDS TO THE DEFINITION OF HAZARDOUS VEGETATION AND PROVIDE FOR THE ABATEMENT OF TUMBLEWEEDS AND OTHER HAZARDOUS VEGETATION IN THE CITY D. CONSIDERATION OF CITY COUNCIL ATTENDANCE AT THE 2015 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL CONFERENCE AND GENERAL ASSEMBLY Requested Action: That the City Council select a Delegate and Alternate for the SCAG General Assembly which will be held May 7 & 8, 2015 in Palm Desert. 17. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING REGIONAL BOARDS AND COMMISSIONS A. MAYOR BRAD HANCOCK 1. B. Page - 5 - UPDATE ON THE INTERAGENCY COORDINATING COUNCIL MEETING HELD ON MARCH 27, 2015 MAYOR PRO TEM LAURA ROUGHTON 1. UPDATE ON THE WRCOG ADMINISTRATION AND FINANCE COMMITTEE MEETING ON MARCH 11, 2015 2. UPDATE ON THE WRCOG HEALTH SUBCOMMITTEE MEETING HELD ON MARCH 25, 2015 C. COUNCIL MEMBER FRANK JOHNSTON 1. UPDATE FROM CHAIRPERSON JOHNSTON ON THE GENERAL PLAN ADVISORY MEETING ON MARCH 23, 2015 2. UPDATE ON THE RIVERSIDE TRANSIT AGENCY - BOARD OF DIRECTORS MEETING HELD ON MARCH 26, 2015 18. CITY ATTORNEY’S REPORT 19. COUNCIL MEMBER REPORTS AND COMMENTS 20. ADJOURNMENT Adjourn to the Regular Meeting of April 16, 2015 at 7:00 p.m. at the Sam’s Western Wear Building, City Council Board Room, 8930 Limonite Avenue, Jurupa Valley, CA 92509. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332-6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org. Page - 6 - RETURN TO AGENDA AGENDA ITEM NO. 12.A MINUTES OF THE REGULAR MEETING OF THE JURUPA VALLEY CITY COUNCIL March 19, 2015 The meeting was held at the Jurupa Valley City Council Chamber 8930 Limonite Avenue, Jurupa Valley, CA 92509 1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● ● ● ● ● Brad Hancock, Mayor Laura Roughton, Mayor Pro Tem Brian Berkson, Council Member Frank Johnston, Council Member Verne Lauritzen, Council Member Mayor Hancock called the closed session meeting to order at 6:10 p.m. 2. CLOSED SESSION A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM There were no public comments regarding the closed session item. B. 3. APPOINTMENT OF CITY MANAGER. The City Council met in closed session to consider an appointment to the position of City Manager pursuant to Government Code Section 54957 and to meet with its designated representatives, Mayor Brad Hancock, Mayor Pro Tem Laura Roughton and City Attorney Peter Thorson, to provide direction to the designated representatives concerning the negotiation of salary, compensation and/or benefits for the unrepresented employee position of City Manager pursuant to Government Code Section 54957.6. City Attorney Peter Thorson clarified that the Council will only consider and discuss the salary, compensation and/or benefits for the position of City Manager. Any proposed agreement for the position of City Manager will be considered and discussed at a public meeting before taking final action on these matters. 7:00 P.M. - RECONVENE IN OPEN SESSION A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED SESSION City Attorney Peter Thorson announced that the City Council voted unanimously to officially appoint Gary Thompson as the new City Manager. He added that the formal contract between the City and Mr. Thompson will be brought back for approval at the April 16, 2015 meeting. -1- 4. CALL TO ORDER AND ROLL CALL ● ● ● ● ● Brad Hancock, Mayor Laura Roughton, Mayor Pro Tem Brian Berkson, Council Member Frank Johnston, Council Member Verne Lauritzen, Council Member Mayor Hancock called the regular meeting to order at 7:03 p.m. 5. INVOCATION was given by Pastor David De La Cruz, Beacon Hill Assembly of God. 6. PLEDGE OF ALLEGIANCE was led by Council Member Brian Berkson. 7. APPROVAL OF AGENDA A motion was made by Council Member Lauritzen, seconded by Mayor Pro Tem Roughton, to approve the Agenda. Ayes: Noes: Absent: 8. Berkson, Hancock, Johnston, Lauritzen, Roughton None None PRESENTATION A. RECOGNITION TO WINNERS OF 2015 JURUPA UNIFIED SCHOOL DISTRICT SCIENCE AND ENGINEERING FAIR Mayor Hancock invited the 1st Place Winners of the 2015 Science and Engineering Fair to join the Council at the dais where they were commended for their efforts and presented with City Recognition Certificates. Mr. Vincent Rosse expressed appreciation to the City Council for their recognition. He announced that 19 of the students have been asked to move on to the RIMS Science Fair. He introduced Danielle Ortiz who was recently awarded with the Outstanding Prosecution Attorney award at the 2015 Mock Trial Awards Ceremony. Mayor Hancock called a short recess at 7:20 p.m. to allow the audience an opportunity to view the science projects that were displayed throughout the Council Chamber. Mayor Hancock reconvened the meeting at 7:35 p.m. -2- 9. PUBLIC APPEARANCE/COMMENTS Teresa Kukoi requested that the Council consider installing street lights on Jurupa Road between Pedley and Felspar to improve safety for drivers and pedestrians. Robert Zavala referenced an article in the Press Enterprise that reported on a USC study that found that the air quality in Jurupa Valley has become cleaner. He announced that a future Jurupa Valley Horseman’s Association is currently in its planning stages. The group will meet the second Monday of the month at 3:00 p.m. at the Jurupa Community Center. Meetings will be open to the public. Juan Chavez discussed the need for stop signs on Steve Street and 60th and Serendipity and 60th Street. Also, he would like to see the speed limit on Jurupa Road reduced from 45 mph to 25 mph. Ron Anderson congratulated Gary Thompson on his selection as City Manager, stating that Mr. Thompson has done an outstanding job as Interim City Manager and his expertise was instrumental in the City’s incorporation process. 10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND ANNOUNCEMENTS Council Member Berkson discussed the City’s upcoming 4th Year Anniversary, stating that he would like to bring back this item for discussion at a future Council meeting. Mayor Pro Tem Roughton announced that the Healthy Living Extravaganza will be held Saturday, April 11, 2015 from 10:00 am to 2:00 p.m. The event will be held at Rancho Jurupa Park. Admittance and parking is free. In addition to all the amenities that the park has to offer, the event will feature over 100 vendors, entertainment and free health screenings. Further information is available at www.healthylivingextravaganza.com Council Member Lauritzen expressed appreciation to Dave and Pip Reaver, owners of Adlerhorst International Kennels, for their gracious donation of a new police K-9 for the San Jacinto Police Department. “Kyra” will replace “Sultan” who was killed in the line of duty on January 21, 2015. Mayor Hancock thanked everyone for their attendance. 11. CITY MANAGER’S UPDATE City Manager Gary Thompson introduced Lieutenant Ken Ditton who gave a brief update on recent Sheriff’s Department activities, including traffic enforcement, homelessness issues, and special enforcement team activities. Mr. Thompson conveyed an invitation to the first Town Hall meeting which will be held Tuesday, March 31, 2015 at 6:00 p.m. at Rubidoux High School. He reported that the City will be partnering with the County’s Economic Development Agency to focus on a -3- new business education program that will provide various programs such as business incentives, tax credits and employer relations. 12. APPROVAL OF MINUTES A. MARCH 3, 2015 SPECIAL MEETING B. MARCH 5, 2015 REGULAR MEETING A motion was made by Council Member Johnston, seconded by Mayor Pro Tem Roughton, to approve the Minutes of the March 3, 2015 special meeting and the March 5, 2015 regular meeting. Ayes: Noes: Absent: 13. Berkson, Hancock, Johnston, Lauritzen, Roughton None None CONSENT CALENDAR A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN THE AGENDA Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda. B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF $1,231,460.07 Requested Action: That the City Council ratify the check registers dated February 26 and March 5 and 9, 2015 and the Payroll Register dated March 6, 2015. A motion was made by Council Member Lauritzen, seconded by Council Member Johnston, to approve the Consent Calendar. Ayes: Noes: Absent: 14. Berkson, Hancock, Johnston, Lauritzen, Roughton None None CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT CALENDAR -4- 15. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER THE ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES IN CONNECTION WITH THE LIMONITE AVENUE WIDENING FROM ETIWANDA TO BAIN STREET PROJECT (CONTINUED FROM THE MARCH 5, 2015 MEETING) Jim Smith, City Engineer, presented the staff report. Mayor Hancock opened the public hearing and called for any public comments. Ryan Schaefer read aloud a letter outlining concerns that he and his wife Valentina Schaefer have with the City’s property negotiator which has led them to hire their own legal counsel. Eli Underwood, legal counsel for Ryan and Valentina Schaefer advised that he has discussed these issues with the City’s attorney and he is hopeful that the issues will be resolved amicably. He asked that the City Council look carefully at the legal description which is connected to the eminent domain power and that further discussions take place to make sure that the city is only taking as much property as it needs for the project. Stephen Anderson, representing the Jurupa Area Recreation and Park District, thanked City Manager Thompson for his assurance that the tunnels underneath Limonite just west of Limonite and Bain are to remain intact. Ron Anderson, representing the Jurupa Area Recreation and Park District, requested that the Council consider an agreement that would allow the JARPD to maintain the underpass on Limonite and Dodd Street to encourage a safe passageway to the Santa Ana River. Betty Anderson suggested that bus pullouts be added along Limonite to allow safer stops when transit buses have to pull over to designated bus stops. She added that the JCSD’s sewer treatment facility off of Bain is problematic for the trucks using this facility. She would like to see better ingress/egress to improve safety. Juan Chavez suggested that the Limonite Avenue widening project should be extended all the way to Felspar. Ron Anderson expressed his view that eminent domain should be avoided at all costs, stating that it is a costly endeavor and most likely can be settled without the legal costs. -5- There being no further comments, the public hearing was closed. Following discussion, a motion was made by Council Member Lauritzen, seconded by Council Member Johnston, to adopt Resolution No. 2015-13, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DECLARING A CERTAIN REAL PROPERTY INTEREST NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE LIMONITE AVENUE WIDENING FROM ETIWANDA TO BAIN STREET PROJECT (PORTION OF APN 157-222-024) Ayes: Noes: Absent: Hancock, Johnston, Lauritzen, Roughton Berkson None A motion was made by Council Member Johnston, seconded by Mayor Pro Tem Roughton, to adopt Resolution No. 2015-14, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DECLARING A CERTAIN REAL PROPERTY INTEREST NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE LIMONITE AVENUE WIDENING FROM ETIWANDA TO BAIN STREET PROJECT (PORTION OF APN 157-221-001) Ayes: Noes: Absent: B. Berkson, Hancock, Johnston, Lauritzen, Roughton None None PUBLIC HEARING TO CONSIDER MASTER APPLICATION MA1485 (GENERAL PLAN AMENDMENT GPA1404, CHANGE OF ZONE CZ1405, SPECIFIC PLAN AMENDMENT SP1401, SITE DEVELOPMENT PERMIT SDP31416) FOR THE DEVELOPMENT OF THE 397 UNIT VERNOLA MARKETPLACE APARTMENT COMMUNITY LOCATED AT THE NORTHWEST CORNER OF 68TH STREET & PATS RANCH ROAD (APN 152-020-021 AND 022) (APPLICANT: VERNOLA TRUST/RICK BONDAR) Laurie Lovret, Senior Planner presented the staff report. Roy Stephenson, Public Works Director, provided additional information and responded to Council’s questions. -6- Rob Olson, Traffic Engineer, provided additional information and responded to Council’s questions. Randy Nichols, Senior Project Manager, T&B Planning gave a brief overview of the California Environmental Quality Act and the mitigation measures assigned to the project. Haseeb Qureshi, Urban Crossroads, provided additional information on the air quality impact analysis and responded to Council’s questions. City Attorney Peter Thorson acknowledged the following correspondence that was received regarding the project: 1) a letter dated March 18, 2015 from Raymond Hicks, Region Manager for Southern California Edison; 2) a letter dated March 19, 2015 from Mr. George Hanson, RTRP Project Manager; 3) a letter dated March 19, 2015 from the law firm of Allen Matkins; and 4) a letter dated March 19, 2015 from the law firm of Rutan & Tucker, LLP. Mayor Hancock announced that the City received 76 signed petitions voicing support of the project. Mayor Hancock opened the public hearing and called for any public comments. Rick Bondar of McCune & Associates thanked City staff for their cooperative efforts and the Planning Commission for their insight and approval of the project. He spoke in support of the project and responded to Council’s questions. Kevin Lindquist, Vice President, Development, Western National, provided additional information on the amenities of the project and responded to Council’s questions. Dave Gilmore, Architects Orange, provided elements of the site plan and responded to Council’s questions. Dirk Golden voiced a concern that the proposed project will generate additional traffic impacts. He reported that there is already traffic congestion during the morning and afternoon rush hour especially on Pat’s Ranch Road. Robin Kilcoyne outlined various reasons why she is opposed to the proposed project. She asserted that some members of the City Council may have received campaign contributions from the developer and she would like to know if they would be recusing themselves from voting on this matter. City Attorney Peter Thorson clarified that the California Supreme Court has ruled that Council Members are not disqualified by taking a campaign contribution and it is not considered a conflict of interest. -7- Alfred Ho presented a letter outlining his concerns related to home security, personal safety, and traffic. He suggested that if the project is approved, that the developer should be required to add a traffic signal at Ivory and install three security gates for the existing tract. He read aloud a letter from Mr. Algery McGuire voicing concerns related to traffic congestion, school congestion, and the negative impacts to the current homeowners. Mayor Hancock called a short recess at 10:30 p.m. Mayor Hancock reconvened the meeting at 10:40 p.m. John Russo advised that his family has owned the 34 acres on the corner of Limonite and Wineville for the past 29 years. In looking at developing their property, they found it difficult to promote commercial development with the current number of rooftops. He spoke in support of the project, stating that it will be a quality development and is needed to help the City’s sales tax revenue. Bob Russo spoke in support of the project, stating that the project will bring stability to Jurupa Valley and will be a quality project that will ultimately make Jurupa Valley very successful. Barry Wallner spoke in support of the project, stating that the traffic on Limonite may be mitigated with traffic signalization. He added that the proposed project will provide a quality development for young professionals who are not able to afford a new home. Approval of the project will also help prevent Southern California Edison’s plan for a high voltage transmission line project. Rita Golden voiced a concern that the four way stop on Ivory is not sufficient for the existing traffic. She is opposed to adding more residents when the school is already overcrowded. She supports adding a gate to the existing tract of homes to buffer these impacts. Rick Bondar noted for the record that Southern California Edison and the City of Riverside submitted letters “attempting to block the development of any project within the proposed Riverside Transmission Reliability Project (RTRP).” He added that his attorneys are available for further comment if necessary. There being no further comments, the public hearing was closed. Following discussion, Mayor Hancock suggested that a portion of the development fee be set aside to mitigate the traffic impacts of the project. A motion was made by Council Member Lauritzen, seconded by Mayor Pro Tem Roughton, to adopt Resolution No. 2015-15, entitled: -8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A 397-UNIT MULTI-FAMILY RESIDENTIAL APARTMENT PROJECT LOCATED ON THE NORTHWEST CORNER OF 68TH STREET AND PATS RANCH ROAD, AND APPROVING GENERAL PLAN AMENDMENT NO. 1404, SPECIFIC PLAN AMENDMENT NO. 1401, AND SITE DEVELOPMENT PERMIT NO. 31416 TO PERMIT THE DEVELOPMENT OF A 397-UNIT MULTI-FAMILY RESIDENTIAL APARTMENT PROJECT ON AN APPROXIMATELY 17.4 ACRE REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF 68TH STREET AND PATS RANCH ROAD Ayes: Noes: Absent: Hancock, Johnston, Lauritzen, Roughton Berkson None A motion was made by Council Member Johnston, seconded by Council Member Lauritzen, to introduce Ordinance No. 2015-05, entitled: AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA, APPROVING AN AMENDMENT TO RIVERSIDE COUNTY ZONING MAP NO. 15 (JURUPA AREA PLAN) CHANGING THE ZONE OF AN APPROXIMATELY 17.4 ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF 68TH STREET AND PATS RANCH ROAD (APNS: 152-020-012; 152-020-021; 152-020-022) FROM INDUSTRIAL PARK (IP) ZONE TO A GENERAL RESIDENTIAL (R-3) ZONE Ayes: Noes: Absent: 16. Hancock, Johnston, Lauritzen, Roughton Berkson None COUNCIL BUSINESS A. APPROVAL OF THE USE OF THE CITY SEAL FOR USE BY THE JURUPA ROTARY CLUB (ORAL REPORT) (AT THE REQUEST OF COUNCIL MEMBER FRANK JOHNSTON) Council Member Johnston explained the purpose of the Council action is to allow the Jurupa Rotary Club to use the City seal for a one-time fundraising event. A motion was made by Council Member Lauritzen, seconded by Mayor Pro Tem Roughton, to allow the Jurupa Valley Rotary Club to use the City seal for their fundraising event on May 3, 2015. -9- Ayes: Noes: Absent: B. Berkson, Hancock, Johnston, Lauritzen, Roughton None None AUTHORIZATION FOR TRAVEL TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS ANNUAL CONFERENCE City Manager Gary Thompson presented the staff report. Ron Anderson encouraged the Council to attend the ICSC conference, stating that it provides an excellent opportunity for the City to enhance and promote its economic development goals. A motion was made by Council Member Berkson, seconded by Council Member Johnston, to authorize registration and travel expenditures for up to seven City Council and staff members to attend the International Council of Shopping Centers (ICSC) Annual Conference; and that the Council partner with the County of Riverside for a booth space and authorize related expenditures. Ayes: Noes: Absent: C. Berkson, Hancock, Johnston, Lauritzen, Roughton None None UPDATING FACILITIES TO BE FUNDED WITH DEVELOPMENT IMPACT FEES BY DELETING CERTAIN ANIMAL CONTROL FACILITIES AND ADDING RENOVATION OF CITY FACILITIES City Attorney Peter Thorson presented the staff report. A motion was made by Council Member Lauritzen, seconded by Council Member Johnston, to adopt Resolution No. 2015-16, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY UPDATING THE FACILITIES TO BE FUNDED WITH DEVELOPMENT IMPACT FEES BY DELETING CERTAIN ANIMAL CONTROL FACILITIES AND ADDING RENOVATION OF CITY FACILITIES Ayes: Noes: Absent: Berkson, Hancock, Johnston, Lauritzen, Roughton None None -10- D. AGREEMENT FOR CONSULTANT SERVICES FOR DEVELOPMENT IMPACT FEE STUDY Alan Kreimeier, Administrative Services Director, presented the staff report. A motion was made by Council Member Johnston, seconded by Mayor Pro Tem Roughton, to authorize the City Manager to enter into an agreement with Revenue and Cost Specialists (RCS), LLC for the preparation of a development impact fee calculation and Nexus study and appropriate an additional $6,500 from the General Fund to provide for the project. Ayes: Noes: Absent: E. Berkson, Hancock, Johnston, Lauritzen, Roughton None None APPROVAL TO PURCHASE EIGHT (8) NEW FORD F-250 CNG FUELED PICKUP TRUCKS FROM DOWNTOWN FORD SALES PURSUANT TO STATE CONTRACT NO. 1-14-23-23A (CONTINUED FROM THE MARCH 5, 2015 MEETING) Alan Kreimeier, Administrative Services Director, presented the staff report. A motion was made by Council Member Berkson, seconded by ____, to approve the purchase of the subject vehicles utilizing funding from the AB 2766 program of the South Coast Air Quality Management District (SCAQMD); and appropriate an additional $16,000 from the AQMD Fund to cover the cost of larger fuel tanks. (The purchase to include the addition of light bars and tool boxes if allowed by AQMD or alternatively the purchase will be taken out of the City’s General Fund) Ayes: Noes: Absent: F. Berkson, Hancock, Johnston, Lauritzen, Roughton None None AGREEMENT FOR THE 2015 ON-CALL ASPHALT REPAIR AND REPLACEMENT SERVICES Mike Myers, Assistant City Engineer, presented the staff report. A motion was made by Council Member Johnston, seconded by Mayor Pro Tem Roughton, to award a construction agreement to Hardy & Harper, Inc. for the 2015 On-Call Asphalt Repair and Replacement Services for unit prices provided in the Schedule of Payments in an amount not to exceed $92,970 subject to final form and format approved by the City Attorney; and direct the Administrative Services Director to appropriate $92,970 in unencumbered Measure A proceeds from the 2013/14 Pavement -11- Rehabilitation Account Number 210.2100.71319 to the Miscellaneous Annual Street Maintenance Account Number 210.2100.71311 as necessary to fund the total project costs; and authorize the City Manager to execute the agreement. Ayes: Noes: Absent: G. Berkson, Hancock, Johnston, Lauritzen, Roughton None None REVIEW OF A DRAFT ZONING CODE AMENDMENT TO REVISE CHAPTER 17.254 TEMPORARY SIGNS Thomas Merrell, Planning Director, presented the staff report. By consensus, the City Council continued this item to the April 2, 2015 meeting. Ayes: Noes: Absent: 17. Berkson, Hancock, Johnston, Lauritzen, Roughton None None CITY COUNCIL MEMBER ORAL/WRITTEN REGIONAL BOARDS AND COMMISSIONS A. B. REGARDING MAYOR BRAD HANCOCK 1. Mayor Hancock gave an update on the League of California Cities Dinner Meeting held on March 9, 2015. 2. Mayor Hancock gave an update on the Northwest Mosquito and Vector Control District Meeting on March 19, 2015. MAYOR PRO TEM LAURA ROUGHTON 1. C. REPORTS Mayor Pro Tem Roughton gave an update on the Santa Ana River Trail Parkway Policy Advisory Group Meeting on March 12, 2015. COUNCIL MEMBER FRANK JOHNSTON 1. Council Member Johnston gave an update on the General Plan Advisory Committee Bus Tour on March 7, 2015. 2. Council Member Johnston gave an update on the Riverside Transit Agency Tour of Facilities on March 10, 2015. -12- 18. 3. Council Member Johnston gave an update on the Riverside County Transportation Commission Meeting on March 11, 2015. 4. Council Member Johnston gave an update on the Northwest – NOW Coalition Meeting on March 12, 2015. CITY ATTORNEY’S REPORT City Attorney Peter Thorson had no report. 19. COUNCIL MEMBER REPORTS AND COMMENTS Council Member Johnston asked City staff to review the City’s franchise agreement with Waste Management as he has received numerous complaints about their service. He provided the following closing quotes: “An able, disinterested, public-spirited press, with trained intelligence to know the right and courage to do it, can preserve that public virtue without which popular government is a sham and a mockery” by Joseph Pulitzer. “Good, better, best. Never let it rest. Until your good is better and your better is best” by Tim Duncan. 20. ADJOURNMENT There being no further business before the City Council, Mayor Hancock adjourned the meeting at 12:20 a.m. The next meeting of the Jurupa Valley City Council will be held April 2, 2015 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509. Respectfully submitted, Victoria Wasko, CMC City Clerk -13- RETURN TO AGENDA 120 STAFF REPORT DATE: APRIL 2, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BY: GARY S. THOMPSON, CITY MANAGER ALAN KREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR SUBJECT: AGENDA ITEM NO. 13.B CHECK REGISTERS RECOMMENDATION That the City Council ratify the check registers dated March 12 and 19, 2015. The City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2014-15 Budget was adopted on June 19, 2014. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year. ANALYSIS All expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. OTHER INFORMATION None. FINANCIAL IMPACT Check registers: 3/12/15 3/19/15 $ 162,689.33 $ 489,228.60 TOTAL $ 651,917.93 Page | 1 RETURN TO AGENDA AGENDA ITEM NO. 13.C ORDINANCE NO. 2015-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING AN AMENDMENT TO RIVERSIDE COUNTY ZONING MAP NO. 15 (JURUPA AREA PLAN) CHANGING THE ZONE OF AN APPROXIMATELY 17.4 ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF 68TH STREET AND PATS RANCH ROAD (APNS: 152-020-012; 152-020-021; 152-020-022) FROM INDUSTRIAL PARK (IP) ZONE TO A GENERAL RESIDENTIAL (R-3) ZONE THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS: Section 1. City of Jurupa Valley Land Use Regulatory Authority. Council of the City of Jurupa Valley does hereby find, determine and declare that: (a) The City The City of Jurupa Valley incorporated on July 1, 2011. (b) On July 1, 2011, the City Council adopted Ordinance No. 2011-01. This Ordinance provides that pursuant to the provisions of Government Code Section 57376, all ordinances of the County of Riverside which have been applicable within the territory now incorporated as the City of Jurupa Valley, to the extent that they applied before incorporation, shall remain in full force and effect as ordinances of the City of Jurupa Valley, including the Riverside County General Plan. Additionally, Ordinance No. 2011-01 provides that the resolutions, rules and regulations of the County of Riverside which have been applicable in the implementation of the aforesaid ordinances and State laws (including, but not limited to, the California Environmental Quality Act and regulations pertaining to traffic) to the extent that they applied before incorporation shall remain in full force and effect as resolutions, rules and regulations, respectively, of the City of Jurupa Valley. On September 15, 2011, the City Council adopted Ordinance No. 2011-10, effective October 15, 2011, continuing in effect all ordinances of the County of Riverside that have been applicable within the territory now incorporated as the City of Jurupa Valley, to the extent that they applied before incorporation. These ordinances and resolutions as well as the Jurupa Valley Municipal Code shall be known as “Jurupa Valley Ordinances.” (c) On September 15, 2011, the City Council also adopted Ordinance No. 2011-09, effective October 15, 2011, adopting Chapter 2.35 of the Jurupa Valley Municipal Code establishing the Planning Commission for the City of Jurupa Valley. Chapter 2.35 provides that the Planning Commission shall perform the planning agency functions described in Government Code Section 65100 et seq., and shall fulfill the functions delegated to the Planning Commission for the County of Riverside under the relevant ordinances and resolutions, which the City has adopted as required upon incorporation. Chapter 2.35 further provides that the Planning Commission shall perform the functions of any and all planning, zoning or code enforcement appeals board created by the relevant County of Riverside ordinances and resolutions, which the City has adopted by reference as required by law. -112774-0007\1809629v1.doc Section 2. Project Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that: (a) Rick Bondar (the “Applicant”) has applied for General Plan Amendment No. 1404, Change of Zone No. 1405, Specific Plan Amendment No. 1401, and Site Development Permit No. 31416 (collectively, Master Application No. 1485 or MA No. 1485) to allow the development of a 397-unit multi-family residential apartment project on approximately 17.4 acres of real property located on the northwest corner of 68th Street and Pats Ranch Road (APNs: 152-020-012; 152-020-021; 152-020-022) in the Industrial Park (IP) Zone and designated Community Development: Light Industrial (LI) (the “Project”). The Applicant filed Master Application No. 1485 with the City on July 25, 2014. (b) All of the components of Master Application No. 1485 shall collectively be known as the “Project.” Change of Zone Application No. 1405 is the subject of this Ordinance. (c) The Applicant is seeking approval of Change of Zone No. 1405 to rezone approximately 17.4 acres located on the northwest corner of 68th Street and Pats Ranch Road (APNs: 152-020-012; 152-020-021; 152-020-022) from Industrial Park (IP) Zone to a General Residential (R-3) Zone. (d) Section 20.3a d. (1) of Riverside County Zoning Ordinance No. 348, as adopted by the City of Jurupa Valley pursuant to Chapter 1.35 of the Jurupa Valley Municipal Code, provides that upon receipt of the recommendation of the Planning Commission for approval of an amendment to change property from one zone to another, the City Clerk shall set the matter of public hearing before the City Council at the earliest convenient day, and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission. (e) Section 20.3a e. of Riverside County Zoning Ordinance No. 348, as adopted by the City of Jurupa Valley pursuant to Chapter 1.35 of the Jurupa Valley Municipal Code, provides that after closing the public hearing the City Council shall render its decision within a reasonable time and may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any proposed modification of the Planning Commission’s recommendation not previously considered by the Planning Commission shall first be referred back to the Planning Commission for a report and recommendation. (f) The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (g) On February 25, 2015, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 1485, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony the Planning Commission closed the public hearing. (h) At the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2015-2-25-01 recommending that the City Council approve Master Application No. 1485 (General Plan -2- Amendment No. 1404, Change of Zone No. 1405, Specific Plan Amendment No. 1401, and Site Development Permit No. 31416), allow the development of a 397-unit multi-family residential apartment project on approximately 17.4 acres of real property located on the northwest corner of 68th Street and Pats Ranch Road (APNs: 152-020-012; 152-020-021; 152-020-022) in the Industrial Park (IP) Zone and designated Community Development: Light Industrial (LI), subject to the conditions of approval attached hereto as Exhibit A. (i) On March 19, 2015, the City Council of the City of Jurupa Valley held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Following the receipt of public testimony the City Council closed the public hearing. (j) All legal preconditions to the adoption of this Ordinance have occurred. Section 3. California Environmental Quality Act Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: (a) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. §15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project. Based upon the findings contained in that Study, City staff determined that, with the incorporation of mitigation measures, there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment (b) period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on January 29, 2015 and expired at 5:00 p.m. on March 10, 2015. Copies of the documents have been available for public review and inspection at City Hall, 8304 Limonite Avenue, Suite M, Jurupa Valley, CA 92509. (c) The City Council, by separate Resolution No. 2015-15, adopted the Negative Declaration and findings pursuant to CEQA. (d) The custodian of records for the Initial Study, Mitigated Negative Declaration and all other materials which constitute the record of proceedings upon which the City Council’s decision was based, including, without limitation, the staff reports for Master Application No. 1485, all of the materials that comprise and support the Mitigated Negative Declaration and all of the materials that support the staff reports for Master Application No. 1485, is the Planning Department of the City of Jurupa Valley. Those documents are available for public examination during normal business hours at the City of Jurupa Valley, 8304 Limonite Avenue, Suite M, Jurupa Valley, California 92509. (e) The City Clerk is authorized and directed to file a Notice of Determination in accordance with CEQA. -3- Section 4. Project Findings. The City Council hereby makes the following findings as required by the Jurupa Valley Ordinances and applicable state law: (a) Change of Zone No. 1405 furthers greater compatibility between existing and approved residential uses in the immediate vicinity. (b) The proposed Change of Zone No. 1405 will be consistent with the City of Jurupa Valley General Plan, as amended by General Plan Amendment No. 1404, in that: 1) The proposed zoning designation of General Residential (R-3) is consistent with the proposed General Plan land use designation of Community Development: High Density Residential (HHDR). Section 5. Approval of Zone Change. The City Council of the City of Jurupa Valley hereby rezones the 17.4 acre real property located on the northwest corner of 68th Street and Pats Ranch Road (APNs: 152-020-012; 152-020-021; 152-020-022) from Industrial Park (IP) Zone to a General Residential (R-3) Zone, as depicted in Exhibit B, and directs the City Manager to revise the official Riverside County Zoning Map No. 15 for the Jurupa Area to designate the Property as being in this new zone. Section 6. 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 7. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937 or on the date of recordation of that certain Covenant Restricting Real Property made by Anthony P. Vernola, Trustee of the Anthony P. Vernola Trust U/D/T dated October 18, 2000, as amended, as to an undivided ½ interest, and Anthony P. Vernola, Successor Trustee of the Pat and Mary Ann Vernola Trust – Marital Trust, as to an undivided ½ interest, in the form presented to the City Council and approved by the City Attorney, whichever date occurs later. PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 2nd day of April, 2015. ______________________________ Brad Hancock Mayor ATTEST: ________________________ Victoria Wasko, CMC City Clerk -4- CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF JURUPA VALLEY ) ) ss. ) I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council held on the 19th day of March, 2015 and thereafter at a regular meeting held on the 2nd day of April 2015, it was duly passed and adopted by the following vote of the City Council: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 2nd day of April, 2015. ________________________________ Victoria Wasko, CMC City Clerk -5- EXHIBIT A MA1485 (GPA1404, CZ1405, SP1401, SDP31416) VERNOLA MARKETPLACE APARTMENT COMMUNITY NORTHWEST CORNER OF 68TH STREET & PATS RANCH ROAD APPLICANT: VERNOLA TRUST / RICK BONDAR CONDITIONS OF APPROVAL PLANNING 1. The project entitlements shall not take effect until the property owner records a covenant approved as to form by the City Attorney and as to content by the Planning Director restricting the use of the undeveloped property to the north of the project site in order to ensure that there are no possible future land use compatibility issues between the proposed apartment project and possible future development of the vacant property to the north of the project site. Said covenant shall be the draft made a part of the City Council staff report, or its equivalent in content and intent. 2. Prior to the issuance of grading or building permits, the applicant shall submit final landscape plans in conformance with Ordinance 348 to the Planning Department for approval by the Planning Director. 3. Prior to the issuance of grading permits, the applicant shall demonstrate compliance with fire access regulations. 4. All Engineering recommended conditions of approval shall be satisfied according to the language and time period specified in each condition. 5. All mitigation measures contained within the project’s Mitigation Monitoring and Reporting Program shall be considered to be mandatory conditions of approval. 6. Prior to the issuance of building permits, the applicant shall pay in full all outstanding fees owed in connection with the project entitlements. 7. The Site Development Permit shall expire two (2) years from the original approval date. The applicant may, prior to the expiration date, request an extension of time in which to use the permit. Extensions may be granted up to a total of five years from the original project approval; otherwise, the permit shall be considered null and void. 8. The City and Applicant have identified certain costs for City services that are attributable to the proposed Project resulting from an increase of approximately 1,200 additional residents. Based on this, the Applicant has agreed to pay the City a fee of $3,100 per unit for a total of $1,230,700. This payment shall be paid by the Applicant to the City prior to issuance of the first building permit for the Project unless otherwise provided in any development agreement that might be entered into by the City and Applicant. ENGINEERING 1.0 GENERAL DEVELOPMENT REQUIREMENTS 1.1 Site Development Permit proposes constructing 397 apartment units on 17.5 gross acres. The project is located at the northwest corner of Pats Ranch Road and 68th Street. EXHIBIT A CONDITIONS OF APPROVAL 1.2 The Applicant is proposing that development be completed in one phase. Off-site access to City maintained roads must be approved by the Engineering Department. 1.3 The Engineering Department has reviewed the revised traffic study dated December 15, 2014 and submitted for the referenced project. The study has been prepared in accordance with City-approved guidelines. The City Engineer generally concurs with the findings relative to traffic impacts. The Comprehensive General Plan circulation policies require a minimum of Level of Service 'C', except that Level of Service 'D' may be allowed in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections. The study indicates that it is possible to achieve adequate levels of service for the following intersections based on the traffic study assumptions: - Hamner Avenue (NS) / 68th Street (EW) I-15 Southbound Ramps (NS) / Limonite Avenue (EW) I-15 Northbound Ramps (NS) / Limonite Avenue (EW) Pats Ranch Road (NS) and Limonite Avenue (EW) Pats Ranch Road (NS) and 65th Street (EW) Pats Ranch Road (NS) and Site Access DWY #2 (EW) Pats Ranch Road (NS) and Ivory Street/Site Access DWY #1 (EW) Pats Ranch Road (NS) and 68th Street (EW) Wineville Avenue (NS) and Limonite Avenue (EW) As such, the proposed project is consistent with this General Plan policy. The associated conditions of approval incorporate mitigation measures identified in the traffic study and/or approved by the Engineering Department, which are necessary to achieve or maintain the required level of service. 1.4 All off-street parking areas shall be paved and shall conform to Riverside County Ordinance 457 for base and paving design and inspection requirements. 1.5 All landscaping, irrigation and maintenance systems shall comply with the Guide to California Friendly Landscaping, and Riverside County Ordinance No. 859. 1.6 It is assumed that all easements shown on the Site Development Permit Exhibits are shown correctly. The Project Proponent shall secure approval from all easement holders for improvements proposed respectively over the easement or provide evidence that the easement has been quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no affect. 2.0 PRIOR TO GRADING PERMIT Grading and Site Drainage 2.1 Grading plans are required and all grading shall conform to the California Building Code, as adopted by the City of Jurupa Valley and Riverside County Ordinance 457, and all other relevant laws, rules, and regulations governing grading in the city of Page 2 of 12 EXHIBIT A CONDITIONS OF APPROVAL Jurupa Valley. The grading plan shall be approved and securities in place prior to the issuance of a grading permit. 2.2 The project proponent must prepare a Geotechnical Report for approval of the City Engineer. 2.3 A preliminary soils and pavement investigation report is required. Report must address liquefaction and subsidence as well as all other construction requirements within the road right-of-way. 2.4 Grading is proposed offsite. Therefore, the project proponent shall obtain written permission from the property owner to grade as proposed and provide copy to the Engineering Department. 2.5 Temporary erosion control measures shall be implemented immediately following site grading to prevent depositions of debris onto downstream properties, public right-ofway, or drainage facilities. Plans showing these measures shall be submitted to Engineering Department for approval by the City Engineer. 2.6 Minimum drainage grade shall be l% except on Portland Cement Concrete where 0.5% shall be the minimum. 2.7 The project proponent shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. No building, obstructions, or encroachments by landfills are allowed. The protection shall be as approved by the City Engineer 2.8 The project proponent shall accept and properly dispose of all off-site drainage flowing onto or through the site and shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer. Walls must be constructed in a manner that will not increase the risk of off-site stormwater flows on the adjacent properties. Water Quality 2.9 The project proponent shall provide the Engineering Department with evidence of compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. 2.10 The project proponent shall prepare a Storm Water Pollution Prevention Plan (SWPPP). Developer shall submit the SWPPP to the State Water Quality Control Board and receive a WDID number to be included on the grading plans. 2.11 The project proponent shall prepare a Final Water Quality Management Plan (WQMP) in conformance with the requirements of the RCFC&WCD for approval of the City Engineer. Public Improvements 2.12 The Project Proponent is responsible for the intersection and roadway designs identified in Project-Specific Improvements section of Table A. Improvement plans Page 3 of 12 EXHIBIT A CONDITIONS OF APPROVAL (streets, storm drain, traffic signal, signing & striping, and street lights) shall be prepared in conformance with Riverside County Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461) and all other relevant laws, rules, and regulations governing grading in the City of Jurupa Valley. Improvement plans shall be approved and securities in place. Any off-site widening required to provide these geometrics shall be the responsibility of the Applicant, or as approved by the City Engineer. 2.13 The Applicant is responsible for the design of traffic signal(s) and crossing controls at the intersection of: - Pats Ranch Road (NS) and 68th Street (EW) with no fee credit given for Traffic Signal Mitigation Fees All work shall be pre-approved by and shall comply with the requirements of the Engineering Department. 2.14 Pats Ranch Road is not designated in the City’s General Plan Circulation Element, but is constructed as a Secondary street with a 100-foot wide typical section and a 50-foot half width. Dedication is required for the half width of 50 feet. 2.15 68th Street is designated as Major Highway with a 118-foot wide typical section and a 59-foot half width. To accommodate the approved design, dedication is required for a half width of 64 feet along the project frontage. 2.16 All corner cutbacks shall be applied per Riverside County Standard 805, Ordinance 461. 2.17 Landscape and irrigation plans for all public rights-of-way shall be prepared according to the current Riverside County L&LMD standards and submitted to the City for approval. 2.18 Improvement plans for Pats Ranch Road are required and shall be based upon a design profile for the raised median within the existing roadway width and extending from 65th Street south to the Project entrance opposite Ivory Street. Median width and alignment, lane widths and grade shall be as as approved by the City Engineer. 2.19 Landscaping within public road right-of-way shall comply with Engineering Department standards, Riverside County Ordinance 461, Comprehensive Landscaping Guidelines & Standards, and Riverside County Ordinance 859 and shall require approval by the City Engineer. Traffic/Transportation 2.20 The Project Proponent shall pay fees in accordance with Zone E of the Mira Loma Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City Engineer, deferring said payment to the time of issuance of a building permit. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit. Page 4 of 12 EXHIBIT A CONDITIONS OF APPROVAL 3.0 PRIOR TO PERMITTING (BUILDING, ENCROACHMENT) Site Development, Landscape, and Lighting 3.1 The applicant shall take the steps necessary to form, or, if one already exists, annex to a Community Facilities District (CFD) in order to provide funding for City Services (including operation and maintenance of landscaping and appurtenances, street lighting, and traffic signal and safety lighting along Pats Ranch Road frontage, including the raised median, and along 68th Street frontage) for each existing and/or new parcel in the proposed development. The agreement to form or annex to a CFD shall be in a manner to be approved by the City Attorney. Participation in a CFD for services is intended to fully mitigate the incremental impact of new residential development on City Services and maintain such services at the standards established in the General Plan. If for any reason applicant does not take the necessary steps to have the development included within a CFD, applicant shall, in a manner approved by the City Council and City Attorney, provide for alternative means of fiscal mitigation at a level equal to the special taxes established in the Rate and Method of Apportionment applicable to the CFD, as they may be adjusted from time to time. The Project Proponent shall pay for all costs associated with CFD formation or annexation. 3.2 The land owner shall enter into a City-standard WQMP BMP maintenance agreement. 3.3 The site exhibit indicates that a Lot Line Adjustment (LLA) is proposed. An application for Lot Line Adjustment shall be filed with the Planning Department for review and approval in accordance with Riverside County Ordinance 460. Proof of recordation shall be submitted to the Planning Department prior to issuance of any building permit but not later than six (6) months of recorded deeds. The proposed parcels shall comply with the development standards of the applicable zone for the project. If it is the developer’s intent to include all buildings within a single parcel, Riverside County Ordinance 460, Section 20.1.A.1 does not allow for a LLA to reduce the number of resultant parcels. Alternatively a Parcel Merger or Parcel Map is required. Proof of recordation shall be submitted to the Planning Department prior to issuance of any building permit. Public Improvements 3.4 Minimum street sections and traffic indexes are to be according to Riverside County Standards. Final sections may be greater based on the final R values determined by a Geologist registered in the State of California. 3.5 If this project lies within any other assessment/benefit district(s), the applicant shall make application for and pay for their reapportionment of the assessments or pay the unit fees in the(those) benefit district(s). Traffic/Transportation 3.6 Vehicular access is to be restricted to only the two site access driveways on Pats Ranch Road. No vehicular access is allowed to/from 68th Street. The land owner shall Page 5 of 12 EXHIBIT A CONDITIONS OF APPROVAL prepare appropriate documents for approval of the City Engineer dedicating vehicular access rights to the adjacent public rights-of-way of 68th Street and Pats Ranch Road except for one 50-foot wide driveway and one 30-foot wide driveway from Pats Ranch Road as shown on the site plan exhibit. 3.7 Any gate providing vehicular access from a public road to a driveway shall be automatically operated and shall be located at least 50 feet from the roadway and shall open to allow a minimum of 2 vehicles to stop while waiting the gate opening without obstructing traffic on the road. The City Engineer will consider an alternative which includes widening the roadway and adjacent right-of-way to include a dedicated right turn lane to provide stacking for 2 vehicles outside the through travel lanes. Where a one-way driveway with a single traffic lane provides access to a gated entrance, a minimum 38-foot paved turning radius shall be provided. 3.8 All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curb face or as approved by the City Engineer. 3.9 The applicant shall pay a per-unit fair share payment of $716 towards the design and construction of various roadway and intersection improvements. These improvements are listed in the Fair Share section of attached Table A. 3.10 If the City Engineer has approved deferral of payment of fees for Zone E of the Mira Loma Road and Bridge Benefit District, those fees shall be paid at this time based upon the fee schedule in effect at the time of issuance of the permit. 4.0 PRIOR TO FINAL BUILDING INSPECTION Public Improvements 4.1 The Project Proponent is responsible for the construction of the full improvements along the project frontage of Pats Ranch Road and 68th Street and shall comply with all requirements within public road rights-of-way, in accordance with Riverside County Ordinance 461. 4.2 Prior to completion and acceptance of improvements in the public right-of-way or prior to the final building inspection, whichever occurs first, assurance of maintenance is required by formation of, or if at such time one exists annexation to, a Community Facilities District (CFD) approved by the City Engineer. Said CFD should include the following: (1) Landscaping and irrigation along Pats Ranch Road and 68th Street frontages and the raised median in Pats Ranch Road from 65th Street to the southerly project entrance (opposite of Ivory Street). (2) Streetlights on along Pats Ranch Road and 68th Street frontages. (3) Traffic Signal at Pats Ranch Road and 68th Street. 4.3 All utility connections that require excavation within the existing public right-of-way will obtain encroachment permits. 4.4 The project proponent shall contact SCE or other electric provider and obtain the current "Streetlight Authorization" form. The form must be completed and submitted to the City for signature. Page 6 of 12 EXHIBIT A CONDITIONS OF APPROVAL 4.5 Applicant shall ensure that streetlights are energized along the streets of those lots where Applicant is seeking final building inspection. Electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with Riverside County Ordinances 460 and 461, or as approved by the Engineering Department. This also applies to existing overhead lines that are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate must be obtained from the pertinent utility company and submitted to the Engineering Department as proof of completion. 4.6 The Project Proponent shall form, or annex to if one already exists, a community facilities district (CFD) for public safety purposes as approved by the city in conformance with the city engineer’s requirements. All cost of formation or annexation shall be paid by the developer. The applicant shall take the steps necessary to form, or, if one already exists, annex to a Community Facilities District (CFD) in order to provide funding for City Public Safety Services for each existing and/or new parcel in the proposed development. The agreement to form or annex to a CFD shall be in a manner to be approved by the City Attorney. Participation in a CFD for Public Safety Services is intended to fully mitigate the incremental impact of new residential development on City Public Safety Services and maintain such services at the standards established in the General Plan. If for any reason applicant does not take the necessary steps to have the development included within a CFD for Public Safety Services, applicant shall, in a manner approved by the City Council and City Attorney, provide for alternative means of fiscal mitigation at a level equal to the special taxes established in the Rate and Method of Apportionment applicable to the CFD, as they may be adjusted from time to time. The Project Proponent shall pay for all costs associated with CFD formation or annexation. 4.7 The Project Proponent shall pay the Development Impact Fee (DIF) Fee in accordance with the fee schedule in effect at the time of issuance. Traffic/Transportation 4.8 The Applicant shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to Riverside County Ordinance No. 824. 4.9 The Applicant is responsible for the construction, installation, and energizing of traffic signals, safety lighting and crossing controls at the intersection of: Pats Ranch Road (NS) and 68th Street (EW) with no fee credit given for Traffic Signal Mitigation Fees. or as approved by the City Engineer. All work shall be pre-approved by and shall comply with the requirements of the Engineering Department. Page 7 of 12 EXHIBIT A CONDITIONS OF APPROVAL 4.10 The Applicant is responsible for the installation of the Project-Specific intersection geometric identified in Table A. Any off-site widening required to provide these geometrics shall be the responsibility of the Applicant, or as approved by the City Engineer. 4.11 Occupancy releases will not be issued to Building and Safety for any building within the project prior to completion of the following improvements: a) Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. b) Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed. c) Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance for use by the Flood Control District, if applicable, is required. d) Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. e) Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. f) Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with Riverside County Ordinance 461.or as approved by the City Engineer. Page 8 of 12 EXHIBIT A CONDITIONS OF APPROVAL Table A MA1485 – INTERSECTION AND ROADWAY SEGMENT IMPROVEMENT AND MITIGATION LIST Geometric Modification Description INTERSECTIONS Project-Specific Intersection Mitigation Intersection of Pats Ranch Road (NS) and 68th Street (EW) Modify geometrics to provide: NB: N/A. SB: one LT lane, one RT lane. EB: one LT lane, one TH lane. WB: two TH lanes, one RT lane. Note: Install new traffic signal. Intersection of Pats Ranch Road (NS) and Ivory Street / Project Driveway #2 (EW) Install geometrics to provide: NB: one LT lane, TH lane, one shared TH/RT lane. SB: one LT lane, TH lane, one shared TH/RT lane. EB: one LT lane, one shared TH/RT lane. WB: one LT lane, one shared TH/RT lane. Intersection of Pats Ranch Road (NS) and Project Driveway #1 (EW) Install geometrics to provide: NB: two LT lanes. SB: one TH lane, one shared TH/RT lane. EB: one RT lane. WB: N/A. Page 9 of 12 EXHIBIT A CONDITIONS OF APPROVAL Table A MA1485 – INTERSECTION AND ROADWAY SEGMENT IMPROVEMENT AND MITIGATION LIST Geometric Modification Description Intersection of Wineville Avenue (NS) and Limonite Avenue (EW) Extend EB left-turn lane to accommodate additional traffic generation. Intersection of Pats Ranch Road (NS) and Limonite Avenue (EW) Extend WB left-turn lane to accommodate additional traffic generation. Fair-Share Intersection Improvements Intersection of Wineville Avenue (NS) and Limonite Avenue (EW) Install geometrics to provide: NB: two LT lanes, two TH lanes, one RT lane. SB: two LT lanes, two TH lanes, one RT lane. EB: two LT lanes, three TH lanes, one RT lane. WB: two LT lanes, three TH lanes, one RT lane. Including the update of out of current specification equipment. Intersection of Pats Ranch Road (NS) and Limonite Avenue (EW) Install geometrics to provide: NB: two LT lanes, one TH lane, one shared TH/RT lane. SB: one LT lane, two TH lanes, one RT lane. EB: two LT lanes, three TH lanes, one RT lane. WB: two LT lanes, three TH lanes, one RT lane. Including the update of out of current specification equipment. Traffic Signal Coordination Prepare coordination plan for Limonite Avenue for the intersections with Wineville Avenue and Pats Ranch Road and the first signal east and west of those locations. Page 10 of 12 EXHIBIT A CONDITIONS OF APPROVAL Table A MA1485 – INTERSECTION AND ROADWAY SEGMENT IMPROVEMENT AND MITIGATION LIST Geometric Modification Description (Fair Share Con’t) Intersection of I-15 Northbound OnRamp (NS) and Limonite Avenue (EW) Install geometrics to provide: NB: two LT lanes, two RT lanes. SB: N/A. EB: three TH lanes, one free-flow RT lane. WB: three TH lanes, one free-flow RT lane. Note: These improvements will be part of the I-15/Limonite interchange project. Intersection of I-15 Southbound OnRamp (NS) and Limonite Avenue (EW) Install geometrics to provide: NB: N/A. SB: two LT lanes, two RT lanes. EB: EB: three TH lanes, one free-flow RT lane. WB: three TH lanes, one free-flow RT lane. Note: These improvements will be part of the I-15/Limonite interchange project. ROADWAY SEGMENTS Project-Specific Roadway Segment Mitigation Pats Ranch Road between Ivory Street and 65th Street Install approximately 1,250’ of raised landscaped median beginning at 65th Street and terminating at Ivory Street. Provide a NB left-turn lane at 65th Street and a SB left-turn lane at Ivory Street. Page 11 of 12 EXHIBIT A CONDITIONS OF APPROVAL Table A MA1485 – INTERSECTION AND ROADWAY SEGMENT IMPROVEMENT AND MITIGATION LIST Geometric Modification 68th Street between Pats Ranch Road and I-15 overcrossing. Description Provide half-section improvements. The Applicant hereby agrees that these Conditions of Approval are valid and lawful and binding on the Applicant and its successors and assigns and agrees to the Conditions of Approval. _____________________________ Vernola Trust, Applicant Page 12 of 12 RETURN TO AGENDA Template Revised: March 20, 2014 STAFF REPORT DATE: APRIL 2, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BY: GARY S. THOMPSON, CITY MANAGER THOMAS MERRELL, AICP, PLANNING DIRECTOR SUBJECT: AGENDA ITEM NO. 13.D MASTER APPLICATION (MA) NO. 14126 (SDP31436) AUTHORIZATION FOR THE CITY MANAGER TO CONTRACT WITH LSA ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SPACE CENTER INDUSTRIAL PROJECT PROPOSED BY SPACE CENTER (APPLICANT: SPACE CENTER MIRA LOMA, INC. ) RECOMMENDATION That the City Council authorize the City Manager to contract for the completion of an Environmental Impact Report (EIR) with LSA Associates Inc. for the proposed Space Center Industrial Project Environmental Impact Report (EIR) in an amount not to exceed $145,405.00 (includes 10% contingency) to be funded entirely by the applicant's advance deposit sufficient to cover completion of the EIR document. BACKGROUND The Project site is located on the southwest corner of Etiwanda Avenue and Iberia Street (APNs: 156-140-042-9, 156-140-043-0, and 156-140-044-1). Staff is processing a Site Development Permit (SDP) for the development of 53.1 acres with two industrial warehouse buildings totaling a combined 1,124,860 square-feet (sf) described as follows: COMPONENT Office Warehouse Total BUILDING 1(SF) BUILDING 2 (SF) 10,000 596,587 606,587 10,000 508,273 518,273 -1- ATTACHMENT 1 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND LSA ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SPACE CENTER INDUSTRIAL PROJECT PROPOSED BY SPACE CENTER MIRA LOMA, INC. (PROFESSIONAL SERVICES OTHER THAN PUBLIC WORKS) THIS AGREEMENT is made and effective as of ______________, 2015, between the City of Jurupa Valley (“City”) and LSA Associates Inc., a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 3. Term This Agreement shall commence on _________________, 2015, 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 _________________, unless sooner terminated pursuant to the provisions of this Agreement. 4. Services Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 5. Performance Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 6. Payment A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed OneHundred Forty-Five Thousand and Four-Hundred-Five dollars ($145,405.00.00) 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 -3- 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. 7. 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. 8. 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. 9. 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 -4- 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. 10. 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. 11. 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. as: 1) Minimum Scope of Insurance. Coverage shall be at least as broad -5- a) form No. CG 00 01 11 85 or 88. Insurance Services Office Commercial General Liability b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. no less than: 2) Minimum Limits of Insurance. Consultant shall maintain limits 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. d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or selfinsured 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, -6- hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or selfinsured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits. 6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section. 12. 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 -7- 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. 13. 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. 14. 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. 15. 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. -8- 16. 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: LSA Associates Inc. 1500 Iowa Avenue, Ste. 200 Riverside, CA 92507 Attention: Lynn Calvert-Hayes 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- -9- 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. -10- CITY OF JURUPA VALLEY Gary S. Thompson City Manager ATTEST: Victoria Wasko, CMC City Clerk APPROVED AS TO FORM Peter M. Thorson City Attorney -11- CONSULTANT LSA ASSOCIATES, INC. By: Name: Title: By: Name: Title: [SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED] -12- EXHIBIT A SCOPE OF SERVICES To be attached based on the Proposal to Prepare an Environmental Impact Environmental Report Impact for the Space Center Industrial Project, LSA Associates Inc. dated March 6, 2015 as may be refined by Task 2.0 of said proposal. Page | 13 EXHIBIT B QUOTATION FOR SERVICE Page | 14 EXHIBIT C LSA ASSOCIATES INC. HOURLY BILLING RATES EFFECTIVE JUNE 2014 Page | 15 EXHIBIT D LSA IN-HOUSE DIRECT EXPENSES, JANUARY 2015 Page | 16 RETURN TO AGENDA STAFF REPORT DATE: APRIL 2, 2015 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BY: GARY S. THOMPSON, CITY MANAGER PETER M. THORSON, CITY ATTORNEY SUBJECT: AGENDA ITEM NO. 15.A PUBLIC HEARING AND APPROVAL OF THE APPROXIMATELY $4 MILLION IN TAX EXEMPT REVENUE BONDS FOR THE ACQUISITION AND INSTALLATION OF FOOD PROCESSING EQUIPMENT FOR CARDENAS THREE, LLC, TO BE ISSUED BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY RECOMMENDATION: that the City Council: 1. Conduct the public hearing concerning the conduit financing for Cardenas Three LLC under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended; and 2. Approve the City joining California Municipal Finance Authority and the Joint Powers Agreement for California Municipal Finance Authority; and 3. Adopt Resolution No. 2015-17, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF REVENUE BONDS FOR THE BENEFIT OF CARDENAS THREE, LLC (OR AN AFFILIATE THEREOF) SUMMARY Cardenas Three, LLC, is a food processing company located at 11058 Philadelphia Avenue in the City of Jurupa Valley. Cardenas Three proposes to finance the Page | 1 acquisition and installation of approximately $4 million of new food processing equipment at its Jurupa Valley location though the issuance of tax exempt revenue bonds by the California Municipal Finance Authority (“CMFA”). CMFA is a joint powers authority of California cities that issues bonds for these types of projects as well as other public projects. The debt service payments on the bonds will be paid by Cardenas Three LLC. Neither the City nor CMFA will be liable for any defaults by Cardenas Three LLC. The bonds will be tax exempt so that Cardenas Three will receive a lower interest rate than on commercial loans. In order to issue the bonds for Cardenas Three, federal tax laws require that the City Council hold a public hearing and receive the comments of the public on the proposed issuance of the bonds. This is commonly known as a “TEFRA Hearing” based on the name of the federal law requiring the public hearing. The City will also need to join CMFA and approve the joint powers agreement that established CMFA. DISCUSSION TEFRA Hearing and Issuance of Bonds The City Council will need to conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) on April 2, 2015 in connection with the proposed issuance of revenue bonds in one or more series by the California Municipal Finance Authority (“CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $4,000,000, (the “Bonds”), to assist in the financing of acquisition and installation of food processing equipment to be located at 11058 Philadelphia, Jurupa Valley, California (collectively, the “Project”). The City Council will also need to adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Cardenas Three, LLC or an affiliate (the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor, the City Manager or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA. Cardenas Three, LLC requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $4,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to: (1) finance the acquisition and installation of food processing equipment to be located at 11058 Philadelphia Avenue in the City of Jurupa Valley, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned and operated Page | 2 by Cardenas Three, LLC, a limited liability company organized and existing under the laws of the State of California, or another affiliate of Del Real, LLC or Cardenas, LLC. The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Jurupa Valley must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of taxexempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. California Municipal Finance Authority The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 200 municipalities have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings. Execution of the Joint Exercise of Powers Agreement In order for the CMFA to have the authority to serve as the issuer of the bonds for the Cardenas Three Project, it is necessary for the City of Jurupa Valley to become a member of the CMFA. Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the City. The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement. The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower. Page | 3 RESOLUTION NO. 2015-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF REVENUE BONDS FOR THE BENEFIT OF CARDENAS THREE, LLC (OR AN AFFILIATE THEREOF) THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”), have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), in order to form the California Municipal Finance Authority (the “Authority”) for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness. Section 2. The City of Jurupa Valley, California (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority. Section 3. The Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document. Section 4. The Authority is authorized by its Agreement to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the acquisition, installation, development and construction of capital projects, including equipment. Section 5. Cardenas Three, LLC, a California limited liability company (the “Borrower”), has requested that the Authority issue and sell revenue bonds in the maximum principal amount of Four Million Dollars ($4,000,000) (the “Bonds”) for the purpose of making a loan to the Borrower to finance the costs of the acquisition and installation of new food processing equipment (the “Project”), all to be located in the City at 11058 Philadelphia Avenue. Section 6. In order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986 (the “Code”) requires that an “applicable elected representative” of a governmental unit, the geographic jurisdiction of which contains the site of the facilities to be financed with the proceeds of the Bonds, approve the issuance of the Bonds following a public hearing. -1- Section 7. The Authority has determined that the City Council of the City (the “Council”) is an “applicable elected representative” for purposes of giving such approval. Section 8. The Authority has requested that the Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Agreement. Section 9. Notice of such public hearing has been duly given as required by the Code, and this Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing of the Project and the Authority’s issuance of the Bonds therefor. Section 10. It is in the public interest and for the public benefit that the Council approve the issuance of the Bonds by the Authority for the aforesaid purposes. Section 11. The Agreement is hereby approved and the Mayor, the City Manager, or the designee of either is hereby authorized and directed to execute said document, and the City Clerk or the City Clerk’s designee is hereby authorized and directed to attest thereto. Section 12. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the issuance of the Bonds (a) by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with Section 147(f) of the Code and (b) by the Council, in accordance with Section 4 of the Agreement. Section 13. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 14. The adoption of this resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, install or construct the Project or any refinancing of the Project, (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, installation or operation of the Project, (iii) make any contribution or advance any funds whatsoever to the Authority, or (iv) take any further action with respect to the Authority or its membership therein. Section 15. The executing officers, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this resolution and the transactions herein authorized. Section 16. care of its counsel: The City Clerk shall forward a copy of this resolution to the Authority in -2- Ronald E. Lee, Esq. Jones Hall, A Professional Law Corporation 475 Sansome Street, Suite 1700 San Francisco, California 94111 Section 17. This resolution shall take effect immediately upon its passage. PASSED, ADOPTED AND APPROVED by the City Council of the City of Jurupa Valley at a regular meeting of said Council held on the 2nd day of April, 2015. ______________________________ Brad Hancock Mayor ATTEST: ______________________________ Victoria Wasko, CMC City Clerk -3- CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF JURUPA VALLEY ) ) ss. ) I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2015-17 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 2nd day of April by the following vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 2nd day of April, 2015. ________________________________ Victoria Wasko, City Clerk City of Jurupa Valley -4- JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions. Section 3. A. Authority. CREATION AND POWERS OF AUTHORITY. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. B. BOARD. The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation. All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director. Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board. Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority. D. MEETINGS OF THE BOARD. (1) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”). (2) Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. (5) Quorum. A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004. Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. Bonds. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website). Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes. Section 15. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement. Section 16. Amendments. Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof. Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the City of Jurupa Valley has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2015. Member: CITY OF JURUPA VALLEY By Name: Title: ATTEST: __________________________________ Clerk RETURN TO AGENDA 120 STAFF REPORT DATE: APRIL 2, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BY: GARY S. THOMPSON, CITY MANAGER THOMAS G. MERRELL, AICP, PLANNING DIRECTOR SUBJECT: AGENDA ITEM NO. 16.A REVIEW OF A DRAFT ZONING CODE AMENDMENT TO REVISE CHAPTER 17.254 TEMPORARY SIGNS (CONTINUED FROM THE MARCH 19, 2015 MEETING) RECOMMENDATION That the City Council review a Draft Amendment to the City of Jurupa Valley Zoning Ordinance for revisions to Chapter 17.254 Temporary Signs of the Jurupa Valley Zoning Code and give direction to staff. BACKGROUND The City inherited the County of Riverside’s sign ordinance upon incorporation. At the December 18, 2014 City Council meeting, staff presented a matrix explaining the current temporary sign regulations. Council directed staff to bring the ordinance back for further discussion and provide examples of how other codes have addressed the areas of concern. Some areas of concern that the City Council raised are: 1. Criteria to add regulations for temporary commercial signs. 2. A Kiosk program for consistency in residential wayfinding signs 3. Current sign code enforcement. At the February 5, 2015 City Council meeting, staff presented a matrix of the existing code provisions, broken down by section, for Council review and comment. Council discussed their concerns and gave direction for staff to prepare a Draft Code incorporating their ideas and addressing their issues then bringing the Draft back for additional review, comment and direction. Due to the lengthy agenda for the March 19, 2015 meeting, the item was continued to the April 2, 2015 meeting. Page | 1 ANALYSIS Temporary Signs Generally Temporary signs are permitted in all zoning classifications, but only if non-commercial. The revised standards for temporary signs are shown in the table below in red. The table is broken into sections by sign type for review purposes. The areas identified to be addressed were: 1. All temporary signs Require contact information on all temporary signs. Institute a permitting process for temporary signs. 2. Real Estate signs Generally ok with standards and sizes Address open houses 3. Yard Sale & Event Signs Code enforcement issues 4. Noncommercial Signs during an election Regulate length of time they are allowed 5. Commercial promotional signs Allow certain types of promotional signage to enhance businesses within the City. Institute a permit process for temporary commercial signs. Allowing commercial signs in the right of way with specific standards for where they may be located. REVISED CODE PROVISIONS Standards for all Temporary Signs The current Jurupa Valley standards for temporary signs are summarized in the table below with the additions and changes in red. The table is broken into sections by sign type for review purposes. It was suggested that identification of the sign owner/applicant be added to all temporary signs. Page | 2 Standards for Temporary Signs Standards that apply to all Temporary Signs. 1. Not artificially lighted. 2. Not within the road right-of-way, except during an election period. 3. Need consent of the owner/entity in lawful possession of the property. 4. May not do any of the following: a. Mars, defaces, disfigures or damages any public building, structure or other property; b. Endangers the safety of persons or property; c. Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public informational sign; d. Blocks motorists' line of vision to areas of vehicular or pedestrian traffic. e. All temporary signs must include the contact name and phone number of the person responsible for the sign in a clearly legible manner, either on the front or back of the sign. Real Estate Signs General discussion was that the current regulations seem to be ok. Condos advertise in front of units so no need for multiple signs or smaller signs can be used in a tiered manner to meet the regulations. Open house signs should be addressed. Real Estate Signs a. For lots zoned for one and two-family residential uses: one sign not exceeding six square feet in surface area and not more than six feet in height. b. For lots zoned for multiple-family residential, commercial, industrial and agricultural uses: one sign on each separate frontage of the lot on the street, each sign not to exceed thirty-two (32) square feet in surface area and not more than six feet in height. No more than four signs are allowed per development. c. For lots zoned commercial, industrial and agricultural uses: signs shall be 7’ above grade to discourage graffiti. d. Riders, not to exceed two square feet in aggregate surface area may be added to the real estate sign to identify the specific agent offering the property for sale, to show that the property is "in escrow" or for an "open house". e. The sign(s) shall be removed within five (5) days of the close of escrow on the property or structure, or portion thereof, being sold, leased or rented. f. Open House signs may be placed on the property on the day of the open house and shall be removed the same day at the end of the open house. Page | 3 Yard Sale & Event Signs No changes recommended but staff recommended shortening the time for removal to two days. Signs on poles and other city property are an enforcement issue. Yard Sale & Event Signs Max posting of 15 days prior to sale and removed within 2 days after. Noncommercial Signs During An Election Council felt there was a need to identify when the signs could be posted. Noncommercial Signs During Election a. No sign shall exceed thirty-two (32) square feet in surface area; b. No sign shall exceed six feet in height; c. No lot shall contain such signs having an aggregate surface area in excess of eighty (80) square feet; (limits # of signs permitted) d. Such signs shall be permitted along road right-of-way provided no sign shall be erected, placed, used or maintained on any publicly owned tree or shrub or upon the improved portion of any street or highway right-of-way used for traffic or parking or upon any street divider or median strip and shall be placed no closer than 10 feet to the back of the sidewalk or ultimate right-of-way. e. Signs may be posted no more than 60 days prior to an election and all signs shall be removed within ten (10) days after the election has occurred. Prohibited Sign Types In addition to the above development standards, Ordinance No. 348, Section 19.3. OUTDOOR ADVERTISING DISPLAYS identifies a number of prohibited sign types. Twirlers, inflatables and flags would be included within these descriptions. It was recommended that twirlers, flags and inflatables be allowed with a permit in the new commercial category. Page | 4 Temporary Commercial Signs Per the current code, all temporary commercial signs are not permitted. Below is a draft of regulations to allow promotional signage for grand openings, sales, special events, etc. and seasonal banners in parking lots. Standards for Temporary Commercial Signs in Commercial and Industrial zones 1. Temporary promotional signs shall be allowed in connection with the opening of a business, major remodeling under an active building permit, new owner of a business, closure of a business, sale or special event and shall require a temporary sign permit issued by the Planning Department, upon application of the owner, occupant, or tenant, and shall be subject to the following conditions: a. Prior to issuance of a temporary sign permit, the applicant or person responsible shall file a cash bond in an amount determined per the schedule established by resolution of the city council. b. Signs shall be limited to three events and an aggregate maximum of 45 days per calendar year. The temporary sign shall have its expiration date affixed to it. c. Promotional signs shall be designed as banners, flags or promotional posters. i. Flags: Two flag signs are allowed per lot frontage. ii. Flag signs shall not exceed 40 square feet. iii. Banners: Each tenant space is limited to one or more banners, for a cumulative banner area not to exceed forty square feet; iv. Poster signs: Poster signs shall have a maximum total sign area of 24 square feet. v. Signs shall be securely fastened on all sides to the wall of the structure, face of the building, roof, and/or face of an existing permanent sign, and shall not be allowed to flutter freely. No temporary sign shall block or impede traffic or visibility at or near street or alley intersections or driveways. No temporary sign shall project into the public right-of-way or over a property line. d. Temporary window signs, together with all other window signs, shall not cover more than 25 percent of the window area. In calculating the maximum allowable coverage, permanent window signs shall count against the 25-percent cap. e. The use of reflective material, fluorescent, day-glo, and neon colors is prohibited unless such colors are part of a registered trademark. B. Specialty Temporary Signs: Page | 5 1. Sign Spinners: a. Are allowed in daylight hours only. b. Are not allowed in medians, may not impede the flow of pedestrians on sidewalks and must be located at least two feet from the edge of a curb or from the edge of the pavement if there is no curb. C. Grand Openings: 1. New businesses may advertise their “grand opening” using inflatables, pennants, banners, and flags for the first 30 days of the business with an approved sign permit. D. Temporary Seasonal Banners: Temporary seasonal banners are subject to the following: 1. The size of seasonal banners shall not exceed 40 square feet and shall not cover more than twenty percent of the surface of any wall segment of any building upon which it is affixed. 2. Banner review shall include banner design, color, text, location, number, and materials. Banner text and graphics shall be simple and free of clutter. 3. Seasonal banner text shall not refer to a specific business, product, or sale. Text and graphics shall exclude political and religious symbolism. 4. Seasonal banners in parking lots shall be extended only from parking lot light standards on private property and they shall not be attached to any city property. There shall be a minimum vertical clearance of 14 feet from the ground to the bottom of the banner. 5. No more than two specific seasonal banner programs (events) per site shall be displayed for an aggregate total of 45 days a year during any 365-day period. E. Authorization for Removal. The applicant for a temporary sign permit shall consent to the city entering upon the lot or parcel solely for the removal of the temporary sign, when a sign is not promptly removed at the expiration of the permitted period. Such entry and removal shall occur only after not less than forty-eight hours’ written notice is posted upon the property and left with a manager or other responsible person at the location of the temporary sign. F. Revocation. The community development director may revoke a permit granted under this section for any of the following reasons: 1. The permit was obtained by fraud or misrepresentation; 2. The temporary sign(s) is not maintained pursuant to subsection G of this section; or 3. For any reason for which the permit application could have been denied. Page | 6 RETURN TO AGENDA STAFF REPORT DATE: APRIL 2, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BY: GARY S. THOMPSON, CITY MANAGER THOMAS G. MERRELL, AICP, PLANNING DIRECTOR SUBJECT: AGENDA ITEM NO. 16.B GENERAL PLAN ADVISORY COMMITTEE (GPAC): APPOINTMENT OF A REPLACEMENT EX OFFICIO MEMBER FOR THE RIVERSIDE COUNTY FIRE DEPARTMENT RECOMMENDATION That the City Council appoint Battalion Chief Justin Scribner to replace Division Chief Silvio Lanzas as the General Plan Advisory Committee (GPAC) ex officio member for the Riverside County Fire Department. BACKGROUND As established by the City Council, the GPAC includes 23 general voting members and 9 ex officio members representing agencies serving Jurupa Valley. One of the ex officio seats is reserved for the Riverside County Fire Department. When the GPAC was formed in the Fall of 2014, Division Chief Silvio Lanzas advised the City that the Fire Department was recruiting for a new Battalion Chief for Jurupa Valley who would serve on the GPAC. He also indicated that he would serve as the City’s primary contact in the interim. Battalion Chief Jackie Williams has been attending the GPAC meetings on behalf of Chief Lanzas. On March 23, 2015, Chief Lanzas sent an email to Mary Wright, General Plan Program Manager, advising that Justin Scribner has been selected as the new Battalion Chief and will serve as the GPAC representative. Staff recommends the City Council affirm the substitution of Justin Scribner as the Fire Department representative. 1|Page RE: GPAC Correspondence Lanzas, Silvio@CALFIRE <[email protected]> Mon 3/23/2015 3:10 PM Inbox To: Mary Wright; Cc: Williams, Jackie@CALFIRE <[email protected]>; Scribner, Justin@CALFIRE <[email protected]>; Hi Mary – As promised, we have selected and announced our second Jurupa Valley Battalion Chief. Battalion Chief Justin Scribner is the new BC. He starts on March 30th but will be in a Training Academy for the first week. Once on board he will be the primary contact for the GPAC. His email is: [email protected] He has not been issued a department cell phone yet. As soon as he does we will get it to you. Thank you, Silvio Lanzas DIVISION CHIEF CAL FIRE - RIVERSIDE NORTHWEST DIVISION 951-737-5911 Office 951-236-4500 Cell RETURN TO AGENDA STAFF REPORT DATE: APRIL 2, 2015 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BY: GARY S. THOMPSON, CITY MANAGER PETER M. THORSON, CITY ATTORNEY SUBJECT: AGENDA ITEM NO. 16.C APPROVAL OF AMENDMENT TO MUNICIPAL CODE AMENDING CHAPTER 8.56, HAZARDOUS VEGETATION, TO ADD “TUMBLEWEEDS” TO THE DEFINITION OF HAZARDOUS VEGETATION AND PROVIDE FOR THE ABATEMENT OF TUMBLEWEEDS AND OTHER HAZARDOUS VEGETATION RECOMMENDATION 1) Requested Action: That the City Council introduce Ordinance No. 2015-06, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY AMENDING CHAPTER 8.56, HAZARDOUS VEGETATION, OF THE RIVERSIDE COUNTY CODE OF ORDINANCES, AS ADOPTED BY THE CITY, TO ADD TUMBLEWEEDS TO THE DEFINITION OF HAZARDOUS VEGETATION AND PROVIDE FOR THE ABATEMENT OF TUMBLEWEEDS AND OTHER HAZARDOUS VEGETATION IN THE CITY SUMMARY OF PROPOSED ORDINANCE The proposed Ordinance amends Chapter 8.56 of the Riverside County Code of Ordinances, as adopted by the City of Jurupa Valley, to provide for the specific abatement of all tumbleweeds on parcels within the City. The proposed Ordinance defines “tumbleweeds” as the structural part of the above-ground anatomy of any number of species of plants that once it is mature and dry detaches from its root or stem and tumbles away. The proposed Ordinance finds that Tumbleweeds pose a particular danger to the community because they are located on all portions of the property and should they catch fire, will tumble from one property to another, quickly spreading the fire, especially in the winding conditions that often occur in the City. The proposed Ordinance provides that through the weed abatement process, all tumbleweeds must be removed from the parcel, whether improved or unimproved. Page | 1 ORDINANCE 2015-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY AMENDING CHAPTER 8.56, HAZARDOUS VEGETATION, OF THE RIVERSIDE COUNTY CODE OF ORDINANCES, AS ADOPTED BY THE CITY, TO ADD TUMBLEWEEDS TO THE DEFINITION OF HAZARDOUS VEGETATION AND PROVIDE FOR THE ABATEMENT OF TUMBLEWEEDS AND OTHER HAZARDOUS VEGETATION IN THE CITY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS: Section 1. Sections 8.56.010, 8.56.020, and 8.56.030 of Chapter 8.56, Hazardous Vegetation, of the Riverside County Code of Ordinances, as adopted by Ordinances 2011-01 and 2011-10 of the City of Jurupa Valley, are hereby amended to read as follows: 8.56.010 - Findings. A. It is the intent of the City Council that this Chapter shall apply to the abatement of hazardous vegetation on unimproved property; B. The City of Jurupa Valley generally has an arid climate conducive to wildfires and is prone to periodic Santa Ana wind events. Many of the county's native and non-native plant species can be highly flammable during normal dry periods and have contributed to significant wildfires within the county. Santa Ana wind events further exacerbate the fire danger and have resulted in catastrophic fire losses to life, property and the environment; C. City of Jurupa Valley has a diverse and complex landscape which includes mountains and other brush covered wildlands which are home to many rare and sensitive plant and animal species; D. The City Council has recognized the importance and uniqueness of this diverse and complex landscape through its adoption and implementation of the Western Riverside County Multiple Species Habitat Conservation Plan which preserves land for the protection of these species; E. Of paramount importance to the City Council and the citizens of Jurupa Valley is the protection of lives and property from the threat of fire and the safety of fire and law enforcement personnel during wildfires; and F. It is the purpose of this Chapter to establish a hazardous vegetation abatement program that protects the lives and property of the citizens of Jurupa Valley while at the same time protecting rare and sensitive plant and animal species and the environment. G. The City Council finds that hazardous vegetation or combustible material poses a danger to the health, safety and welfare of the residents in the vicinity of any real property located throughout the territory of the City for the reasons set forth above. Therefore, all hazardous vegetation or combustible material located on real property within the City is deemed a public nuisance and poses a hazard to the safety of the landowners, residents in -1- the vicinity, users of public highways and to the public generally. Tumbleweeds pose a particular danger to the community because they are located on all portions of the property and should they catch fire, will tumble from one property to another, quickly spreading the fire. 8.56.020 - Definitions. "Abate and/or abatement." An act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance. "Abatement costs." Any and all costs incurred by the County of Riverside to abate the hazardous weeds or combustible material on any property pursuant to this Ordinance, including physical abatement costs, administration fees and any additional actual costs incurred by the Riverside County Fire Department for the abatement proceeding, including attorneys fees, if applicable. "Combustible material." Rubbish, litter or material of any kind other than hazardous vegetation that is flammable and endangers the public safety by creating a fire hazard. "County fire chief." The Fire Chief of the County of Riverside or his or her designated representative, including: 1. Chiefs or chief engineers of all fire protection districts, if any, within the territory of the City where he or she serves, and their deputies; 2. All employees of the Riverside County Fire Department Hazard Reduction Office; and 3. Such other officers as are designated by the City Council or the county fire chief. "Hazardous vegetation." Vegetation that is flammable and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, or tumbleweeds. Tumbleweeds are the structural part of the above-ground anatomy of any number of species of plants that once it is mature and dry detaches from its root or stem and tumbles away. "Improved parcel." A portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which a structure is located. "Person." Natural person or corporation. "Structure." Any dwelling, house, building or other type of flammable construction including but not limited to a wood fence attached to or near any other structure. "Unimproved parcel." A portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which no structure is located. -2- 8.56.030 - Duty to abate hazardous vegetation. Upon receipt of a notice of violation and order to abate, it shall be the duty of every owner, occupant, and person in control of any unimproved parcel of land or interest therein, which is located in the territory of the City to abate therefrom, and from all sidewalks and parkways, except for those roads accepted into the City maintained system, all combustible material and hazardous vegetation, that constitutes a fire hazard which may endanger or damage neighboring property pursuant to the requirements of the notice of violation and order to abate received. No owner, occupant or person in control of any such unimproved parcel of land or interest therein shall be authorized to abate hazardous vegetation unless the owner, occupant or person has received a notice of violation and order to abate or alternatively has been issued a grading permit by the City. The removal of vegetation pursuant to this Chapter shall not exceed that set forth in the notice of violation and order to abate or grading permit. The notice of violation and order to abate and any clearance shall conform to guidelines issued by the County Fire Chief implementing this Chapter, and which the fire chief may amend periodically. A. With respect to combustible material and hazardous vegetation, other than tumbleweeds, the requirements of this section shall be satisfied if there is cleared pursuant to the requirements set forth in a notice of violation and order to abate by the method described in said notice: (1) A one hundred (100) foot wide strip of land at the boundary of an unimproved parcel adjacent to a roadway; and/or (2) A one hundred (100) foot wide strip of land around structure(s) located on an adjacent improved parcel (some or all of this clearance may be required on the unimproved parcel depending upon the location of the structure on the improved parcel). The county fire chief or his or her designee may require more than a one hundred (100) foot width or less than a one hundred (100) foot width for the protection of public health, safety or welfare or the environment. The determination for appropriate clearance distances will be made based upon a visual inspection of the parcel and shall consider all factors that place the property or adjoining structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining structure(s) is located. The county fire chief may establish examples of the clearance requirements above for informational purposes only and make them available for public review. B. With respect to tumbleweeds, the requirements of this section shall be satisfied if all tumble weeds are removed from the unimproved parcel. C. Where the parcel's terrain is such that it cannot be disked or mowed, the county fire chief may require, or authorize, that other means of removal be used. Section 2. Intention to Supersede County Ordinances. The provisions of this ordinance are intended to and do supersede any provisions of the ordinances of the County of -3- Riverside which cover the same matters as in this Ordinance and which are in effect pursuant to Ordinance Nos. 2011-1 and 2011-10 of the City. Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. Section 3. 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. PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 16th day of April, 2015. ______________________________ Brad Hancock Mayor ATTEST: ________________________ Victoria Wasko, CMC City Clerk -4- CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF JURUPA VALLEY ) ) ss. ) I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2015-06 was regularly introduced at a regular meeting of the City Council held on the 2nd day of April, 2015 and thereafter at a regular meeting held on the 16th day of April 2015, it was duly passed and adopted by the following vote of the City Council: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 16th day of April, 2015. ________________________________ Victoria Wasko, CMC City Clerk -5- Riverside County Code of Ordinances Chapter 8.56 - HAZARDOUS VEGETATION* Sections: 8.56.010 - Findings. 1 2 3 4 A. It is the intent of the board of supervisors City Council that this Ordinance Chapter shall apply to the abatement of hazardous vegetation on unimproved property; B. Riverside County The City of Jurupa Valley generally has an arid climate conducive to wildfires and is prone to periodic Santa Ana wind events. Many of the county's native and non-native plant species can be highly flammable during normal dry periods and have contributed to significant wildfires within the county. Santa Ana wind events further exacerbate the fire danger and have resulted in catastrophic fire losses to life, property and the environment; C. Riverside County City of Jurupa Valley has a diverse and complex landscape which includes 9 deserts, mountains and other brush covered wildlands which are home to many rare and sensitive plant and animal species; D. The board of supervisors City Council has recognized the importance and uniqueness of this diverse and complex landscape through its adoption and implementation of the Western Riverside 12 County Multiple Species Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan which preserves land for the protection of these species; E. Of paramount importance to the board of supervisors City Council and the citizens of Riverside 15 16 County Jurupa Valley is the protection of lives and property from the threat of fire and the safety of fire and law enforcement personnel during wildfires; and F. It is the purpose of this Ordinance Chapter to establish a hazardous vegetation abatement 19 20 program that protects the lives and property of the citizens of Riverside County Jurupa Valley while at the same time protecting rare and sensitive plant and animal species and the environment. G. The board of supervisors City Council finds that hazardous vegetation or combustible material poses a danger to the health, safety and welfare of the residents in the vicinity of any real property 23 24 located throughout the territory of the County of Riverside City for the reasons set forth above. Therefore, all hazardous vegetation or combustible material located on real property within the 25 26 territory of the County of Riverside City is deemed a public nuisance and poses a hazard to the safety of the landowners, residents in the vicinity, users of public highways and to the public generally. Tumbleweeds pose a particular danger to the community because they are located on all portions of the property and should they catch fire, will tumble from one property to another, quickly 27 spreading the fire. 5 6 7 8 10 11 13 17 21 14 18 22 (Ord. 695.4, § 1, 6-16-2009) 8.56.020 - Definitions. "Abate and/or abatement." An act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance. "Abatement costs." Any and all costs incurred by the County of Riverside to abate the hazardous weeds or combustible material on any property pursuant to this Ordinance, including physical abatement costs, administration fees and any additional actual costs incurred by the Riverside County Fire Department for the abatement proceeding, including attorneys fees, if applicable. 1 "Combustible material." Rubbish, litter or material of any kind other than hazardous vegetation that is flammable and endangers the public safety by creating a fire hazard. "County fire chief." The Fire Chief of the County of Riverside or his or her representative, including: 28 designated 29 1. Chiefs or chief engineers of all fire protection districts, if any, within the territory of the political 30 31 32 subdivision with the county City where he or she serves, and their deputies; 2. All employees of the Riverside County Fire Department Hazard Reduction Office; and 3. Such other officers as are designated by the board of supervisors City Council fire chief. 33 34 or the county "Hazardous vegetation." Vegetation that is flammable and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, 35 tumbleweeds. or tumbleweeds. Tumbleweeds are the structural part of the above-ground anatomy of any number of species of plants that once it is mature and dry detaches from its root or stem and tumbles 36 away. "Improved parcel." A portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which a structure is located. "Person." Natural person or corporation. "Structure." Any dwelling, house, building or other type of flammable construction including but not limited to a wood fence attached to or near any other structure. "Unimproved parcel." A portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number upon which no structure is located. (Ord. 695.4, § 2, 6-16-2009) 8.56.030 - Duty to abate hazardous vegetation. Upon receipt of a notice of violation and order to abate, it shall be the duty of every owner, occupant, and person in control of any unimproved parcel of land or interest therein, which is located in the 37 unincorporated territory of the County of Riverside as that territory is determined and classified by the 38 39 board of supervisors City to abate therefrom, and from all sidewalks and parkways, except for those 40 41 roads accepted into the county City maintained system, all combustible material and hazardous vegetation, that constitutes a fire hazard which may endanger or damage neighboring property pursuant to the requirements of the notice of violation and order to abate received. No owner, occupant or person in control of any such unimproved parcel of land or interest therein shall be authorized to abate hazardous vegetation unless the owner, occupant or person has received a notice of violation and order 42 43 to abate or alternatively has been issued a grading permit pursuant to by the requirements of 44 45 46 47 Ordinance No. 457. City. The removal of vegetation pursuant to this Ordinance Chapter shall not exceed that set forth in the notice of violation and order to abate or grading permit. The notice of violation 48 and order to abate and any clearance shall conform to guidelines issued by the county fire chief County 49 50 51 Fire Chief implementing this Ordinance Chapter , and which the fire chief may amend periodically. A. 52 The With respect to combustible material and hazardous vegetation, other than tumbleweeds, 53 the requirements of this section shall be satisfied if there is cleared pursuant to the requirements set forth in a notice of violation and order to abate by the method described in said notice: (1) A one hundred (100) foot wide strip of land at the boundary of an unimproved parcel adjacent to a roadway; and/or 2 (2) A one hundred (100) foot wide strip of land around structure(s) located on an adjacent improved parcel (some or all of this clearance may be required on the unimproved parcel depending upon the location of the structure on the improved parcel). The county fire chief or his or her designee may require more than a one hundred (100) foot width or less than a one hundred (100) foot width for the protection of public health, safety or welfare or the environment. The determination for appropriate clearance distances will be made based upon a visual inspection of the parcel and shall consider all factors that place the property or adjoining structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining 54 55 structure(s) is located. Examples The county fire chief may establish examples of the 56 clearance requirements above are attached hereto as Exhibit "A" for informational purposes 57 only and make them available for public review . B. With respect to tumbleweeds, the requirements of this section shall be satisfied if all tumble 58 weeds are removed from the parcel, whether improved or unimproved. C. 59 Where the parcel's terrain is such that it cannot be disked or mowed, the county fire chief may require, or authorize, that other means of removal be used. (Ord. 695.4, § 3, 6-16-2009) 8.56.040 - Enforcement, inspection and authority to enter property. 60 A. For the purpose of enforcing this Ordinance, the county fire chief may designate any person or persons as his/her deputy in the performance of the duties enjoined upon him/her by this Ordinance, in addition to those named in definition of "county fire chief" in Section 8.56.020 of this Ordinance. B. For the purpose of enforcing or administering this Ordinance, the county fire chief may enter any real property for the purpose of inspecting the property or for summary abatement proceedings whenever the county fire chief is informed or has reasonable cause to believe that hazardous vegetation or combustible material exists, constituting a condition dangerous or injurious to the health or welfare of persons or to the public, including the environment, is a public nuisance or is otherwise in violation of this Ordinance. C. No person shall interfere with the entry of the county fire chief acting in the official course and scope of his duty. (Ord. 695.4, § 4, 6-16-2009) 8.56.050 - Summary abatement proceedings. 61 In addition to the authority granted by law to the county fire chief in exigent situations, and pursuant to California Health and Safety Code Section 14930 and Government Code Section 25845, as amended, the county fire chief is authorized to enter real property and summarily abate any public nuisance determined by the county fire chief to constitute an immediate threat to public health or safety without prior notice or hearing. (Ord. 695.4 § 5, 6-16-2009) 8.56.060 - Abatement proceedings. 3 A. Notice of violation and order to abate. If the county fire chief determines that any real property is being maintained or permitted to exist in a manner prohibited by this Ordinance, the county fire chief shall issue a written notice to the property owner and any known person in possession of the property, of the violation and order the hazardous vegetation or combustible material to be immediately abated. The notice of violation and order to abate ("notice/order") shall specify the corrective actions required to be taken and order the property owners and persons in possession to abate the hazardous vegetation or combustible material within thirty (30) days and state that the failure to bring the real property into compliance with this Ordinance could subject the owner or persons in possession to civil, administrative and criminal penalties. Furthermore, the notice/order shall provide the property owner and person in possession of the opportunity to appear before the Riverside County Board of Supervisors and be heard prior to the abatement by the county. The failure of the notice to set forth all required contents shall not affect the validity of the abatement proceedings. B. Manner of giving notice. The county fire chief shall cause a copy of the notice/order to be mailed or otherwise delivered to all known persons to be in possession and to the property owner as such person's name and address appears on the last county equalized assessment roll. If the address is unknown, that fact shall be so stated and the notice shall be addressed to the person at the county seat. Service by mail shall be deemed complete at the time of deposit in the US mail. The failure of any person in possession or owner of the property to receive such notice shall not affect the validity of these proceedings. C. Hearing. (1) Request for hearing. Any person who is adversely affected by the notice/order may appeal the notice/order by filing a written request for a hearing with the Riverside County Hazard Reduction Office within fifteen (15) calendar days. The request shall be postmarked within fifteen (15) calendar days of the postmark on the notice/order. Timely appeal shall stay any further action for abatement until the date set for hearing. If no request for a hearing is timely made, the Riverside County Board of Supervisors herein declares that abatement of the hazardous weeds or combustible material shall have been deemed ordered by the board of supervisors as of the date of the postmark of the notice/order. (2) Hearing. Upon timely written request by the recipient of the notice/order, a hearing shall be scheduled with the Riverside County Board of Supervisors or its designee (hereinafter "board") with notice thereof mailed or otherwise delivered to the requesting person at least fourteen (14) calendar days before the scheduled hearing. The failure of any owner or occupant to receive such notice shall not affect the validity of the proceedings. At the time fixed in the notice of hearing, the board shall receive evidence from the county fire chief and the owner or person in possession of the real property in violation, or their representatives and any other concerned persons who may desire to present oral or documentary evidence regarding the conditions of the real property or other relevant matter, if such persons are present at the hearing. In conducting the hearing, the board shall not be limited by the technical rules of evidence. Failure of the owner or person in possession to appear shall not affect the validity of the proceedings or order issued thereon. Upon conclusion of the hearing, the board shall make its decision and in the event it so concludes, may declare the conditions on the real property to be in violation of this Ordinance and to constitute a public nuisance. The board may direct the owner or person in possession to abate the hazardous vegetation or combustible material within ten (10) days after mailing and posting of the board's decision. The order shall include notice that if the hazardous vegetation is not abated as directed and within ten (10) days, the county fire chief may abate the hazardous vegetation and the abatement costs shall be a lien and an assessment against the real property. The board may grant any extension of time to abate such conditions that it may deem justifiable upon good cause being shown. 4 D. Abatement of hazardous vegetation or combustible material by county fire chief. If, at the end of the time allowed for compliance in the original notice/order issued pursuant to Section 8.56.060 A. above, or as set forth in an order issued by the board after a timely request for a hearing, and compliance has not been accomplished as directed, the county fire chief may order the hazardous vegetation or other combustible material to be removed by county fire officials or employees, or may cause the removal to be carried out by a private contractor selected by the county purchasing agent in accordance with applicable statutes and in the manner and under the terms specified by the board of supervisors. E. Abatement cost recovery. As set forth in Government Code Section 25845, the owner and any person in possession of the real property upon which the hazardous vegetation or combustible material is found to exist shall be jointly and severally liable for all abatement costs incurred by the county without any further hearing. F. Notice of abatement costs. At the conclusion of the abatement by the county fire chief or designee, the county fire chief shall issue a bill setting forth the abatement costs to the owner and person in possession of the real property. The bill shall demand payment to the County of Riverside the total abatement costs and administration costs, plus attorneys' fees, if relevant, within fifteen (15) calendar days of its mailing. G. Abatement costs specially assessed against the parcel. If the amount set forth in the notice of abatement costs is not paid upon demand by the county, the abatement costs, including attorneys' fees, if applicable, shall be specially assessed against the real property pursuant to Government Code Section 22845, or by any other means provided by law. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure of sale in case of delinquency as are ordinary county taxes. H. Notice of abatement lien. A notice of abatement lien may be recorded against the real property subject to this abatement proceeding, setting forth the date upon which abatement of the nuisance was ordered either by notice issued by the county fire chief or by the board of supervisors after a hearing, the date the abatement was complete and the amount of abatement costs. Furthermore, the notice shall identify the parcel address, the record owner, the possessor of the property, if known and applicable, together with the last known address of the record owner or possessor. The abatement lien shall have the same effect as recordation of an abstract of a money judgment pursuant to Article 2 of Chapter 2 of Division 2 of Title 9 of Part 2 of the California Code of Civil Procedure (commending with § 697.310, as amended). The lien has the same priority as a judgment lien on real property and continues in effect until released. I. Attorneys fees. Reasonable attorneys' fees may be recovered by the prevailing party in any civil action, administrative proceeding or special proceeding established by this Ordinance. In the event a hearing is requested pursuant to the notice described above in Section 8.56.060 and the board of supervisors deems the real property to be a public nuisance and orders the county fire chief to abate the hazardous vegetation or combustible material, the county shall be deemed the prevailing party. (Ord. 695.4, § 6, 6-16-2009) 8.56.070 - Hearing official. A. Delegation of authority. The Riverside County Board of Supervisors may delegate its authority to conduct the administrative abatement proceedings set forth in Section 8.56.060, above, to either of the following: 1. The county hearing officer appointed by the board of supervisors pursuant to Riverside County Ordinance No. 643 and Government Code Section 27720, as amended. The hearing officer shall have full authority and duty to preside over hearings in the manner set forth in Riverside County Ordinance No. 643, as amended. (2) A weed abatement hearing board (WAHB) designated pursuant to Government Code Section 25845, as amended. The WAHB shall have full authority to act and may preside over hearings 5 with the same authority, power and duties of the hearing officer. The WAHB shall be comprised of three persons as follows: one member shall be an officer of the Riverside County Fire Department selected by the county fire chief (but not an employee involved in inspecting or issuing the notice/order; and two members shall be selected by the board of supervisors). Members shall serve at the pleasure of the appointing entity. B. Recommended action. At the conclusion of a hearing by either the hearing officer or WAHB, a recommended decision shall be issued to the owner or person in possession of the real property subject to the hearing, and to any other interested person previously requesting notice. The hearing officer or WAHB shall also file the recommended decision with the board of supervisors. The recommended decision may alter the notice/order in any fashion and may include an order to the owner or person in possession of the real property to abate the hazardous weeds or combustible material within ten (10) calendar days of issuance of the order. C. No further appeal. Upon receiving the recommended decision from either the hearing officer or WAHB, the board of supervisors may adopt the decision as recommended on the consent agenda at its next regularly scheduled public board meeting without further notice or hearing, or may set the matter for a de novo hearing before the board of supervisors (Ord. 695.4, § 7, 6-16-2009) 8.56.080 - Other remedies. The provisions of this Ordinance are to be construed as an added remedy of abatement and not in derogation of any other civil or criminal actions or proceedings or remedies otherwise provided by law. A. Civil actions. (1) Injunctive relief and abatement. Whenever, in the judgment of the county fire chief, any person is engaged in or about to engage in any act or practice which constitutes or will constitute a violation of any provision of this Ordinance or notice or order issued pursuant hereto, the county fire chief may request the county counsel or district attorney to commence proceedings for the abatement, removal, correction and enjoinment thereof, and requiring the violator to pay civil penalties and/or abatement costs or in addition, be subject to criminal prosecution. (2) Civil remedies and penalties. Any owner or person in possession of real property who willfully violates the provisions of this Ordinance or any notice or order issued pursuant hereto shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each day or portion thereof that the violation continues to exist. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the violator. B. Criminal actions. (1) It shall be unlawful for any person to violate any provision of this Ordinance. Any person violating any provision of this Ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this Ordinance is committed, continued or permitted. (2) Any person so convicted shall be guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation on the same site and perpetrated by the same person. The third and any additional violations on the same site and perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000) or six months in jail, or both. Payment of any penalty herein shall not 6 relieve a person from the responsibility for correcting the violation. Notwithstanding the above, a first or second offense may be charged as a misdemeanor. C. Treble damages. Upon a second or subsequent civil or criminal judgment for a violation of this Ordinance within a two-year period the violator shall be liable to the County of Riverside for treble the abatement costs, in accordance with Government Code Section 25845.5. D. Notice of noncompliance. Whenever a notice/order has been issued, the county fire chief may record a notice of noncompliance with the Office of the County Recorder of Riverside County and shall notify the owner of the property of such action. The notice of noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that any abatement costs incurred by the county as a result of the violation of this Ordinance may be specially assessed as a lien on the property and that the owner has been so notified (Ord. 695.4, § 8, 6-16-2009) 7 RETURN TO AGENDA 120 STAFF REPORT DATE: APRIL 2, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BY: GARY S. THOMPSON, CITY MANAGER VICTORIA WASKO, CMC, CITY CLERK SUBJECT: AGENDA ITEM NO. 16.D CONSIDERATION OF CITY COUNCIL ATTENDANCE AT THE 2015 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL CONFERENCE AND GENERAL ASSEMBLY RECOMMENDATION That the City Council select a Delegate and Alternate for the SCAG General Assembly which will be held May 7 & 8, 2015 in Palm Desert. BACKGROUND The Southern California Association of Governments, founded in 1965, is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntary convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization and under state law as a Regional Transportation Planning Agency and a Council of Governments. SCAG develops long-range regional transportation plans as well as housing needs allocations and a portion of the South Coast Air Quality management plans. SCAG is governed by delegates from every member city, county, and County Transportation Commission (CTC) through the General Assembly, which annually brings together the official representatives of SCAG’s membership and helps sets the agency’s course for the coming year. ANALYSIS The 2015 Regional Conference and General Assembly will be held May 7 & 8, at the JW Marriott Desert Springs Resort & Spa. The event will focus on regional collaboration and service to SCAG’s member cities as well as engage attendees in planning for a sustainable future for Southern California. Page | 1
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