AGENDA
CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT
CITY AS SUCCESSOR AGENCY FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MORENO VALLEY
MORENO VALLEY HOUSING AUTHORITY
MORENO VALLEY PUBLIC FINANCING AUTHORITY
BOARD OF LIBRARY TRUSTEES
September 6, 2022
REGULAR MEETING – 6:00 PM
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City Council Study Sessions
Second Tuesday of each month – 6:00 p.m.
City Council Meetings
Special Presentations – 5:30 P.M.
First & Third Tuesday of each month – 6:00 p.m.
City Council Closed Sessions
Will be scheduled as needed at 4:30 p.m.
City Hall Council Chamber – 14177 Frederick Street
Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabilities Act of 1990. Any person with a disability who re quires a modification or accommodation in order to participate in a meeting should direct such request to the ADA Coordinator, at 951.413.3 350 at least 72 hours before the meeting. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Dr. Yxstian A. Gutierrez, Mayor
Edward A. Delgado, Mayor Pro Tem David Marquez, Council Member
Ulises Cabrera, Council Member Elena Baca-Santa Cruz, Council Member ..
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AGENDA
CITY COUNCIL OF THE CITY OF MORENO VALLEY
September 6, 2022
CALL TO ORDER - 5:30 PM
SPECIAL PRESENTATIONS
1. PROCLAMATION FOR VOLUNTEER OF THE YEAR 2021- LYNDA DAVIS
2. PROCLAMATION RECOGNIZING NATIONAL PREPAREDNESS MONTH
3. RETIREMENT RECOGNITION FOR THE CHIEF OF POLICE, JOHN
SALISBURY
.
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.AGENDA
JOINT MEETING OF THE
CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT
CITY AS SUCCESSOR AGENCY FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MORENO VALLEY
MORENO VALLEY HOUSING AUTHORITY
MORENO VALLEY PUBLIC FINANCING AUTHORITY
AND THE BOARD OF LIBRARY TRUSTEES
*THE CITY COUNCIL RECEIVES A SEPARATE STIPEND FOR CSD
MEETINGS*
REGULAR MEETING – 6:00 PM
SEPTEMBER 6, 2022
CALL TO ORDER
Joint Meeting of the City Cou ncil, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority and the Board of Library Trustees - actions taken at the Joint Meeting are those of the Agency indicated on each Agenda item.
PLEDGE OF ALLEGIANCE
ROLL CALL
INTRODUCTIONS
PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER
THE JURISDICTION OF THE CITY COUNCIL
JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.
A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
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Recommendation: Waive reading of all Ordinances.
A.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUN 21, 2022 4:30 PM Recommendation:
1. Approve as submitted.
A.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUN 21, 2022 6:00 PM Recommendation:
1. Approve as submitted.
A.4. MINUTES - CITY COUNCIL - CLOSED SESSION - JUL 5, 2022 4:30 PM Recommendation:
1. Approve as submitted.
A.5. MINUTES - CITY COUNCIL - REGULAR MEETING - JUL 5, 2022 6:00 PM Recommendation:
1. Approve as submitted.
A.6. COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2021/2022 FROM JULY 1, 2021 THROUGH JUNE 30, 2022 (Report of: City Clerk)
Recommendation:
1. Receive and file the Fiscal Year 2021/2022 Council Discretionary Expenditure Report for July 1, 2021 through June 30, 2022.
A.7. AMENDED JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (Report of: City Clerk)
Recommendation:
1. Authorize the Mayor to execute the Amended Joint Powers Agreement for the Western Riverside Council of Governments.
A.8. PROPOSED CITY OF MORENO VALLEY LEGISLATIVE ADVOCACY PLATFORM (Report of: City Manager)
Recommendation:
1. Approve the proposed City of Moreno Valley Legislative Advocacy Platform.
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A.9. PAYMENT REGISTER - MAY 2022 (Report of: Financial & Management Services)
Recommendation:
1. Receive and file the Payment Register.
A.10. PAYMENT REGISTER - JUNE 2022 (Report of: Financial & Management Services)
Recommendation:
1. Receive and file the Payment Register.
A.11. RECEIPT OF QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2022 (Report of: Financial & Management Services) Recommendation:
1. Receive and file the Quarterly Investment Report for quarter ended June 30, 2022, in compliance with the City’s Investment Policy.
A.12. LIST OF PERSONNEL CHANGES (Report of: Financial & Management Services)
Recommendation:
1. Ratify the list of personnel changes as described.
A.13. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2014 -01 (MAINTENANCE SERVICES) - AMENDMENT NOS. 67 -72 (RESO. NOS. 2022 - __ through 2022-__) (Report of: Financial & Management Services)
Recommendation:
1. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 67) (Rivard Road, LLC, located north of Rivard Rd., west of Perris Blvd.).
2. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to Cit y of Moreno Valley -6-
Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 68) (FPG-SUN MORENO VALLEY 66, located at the south west corner of Perris Blvd. and Krameria Ave.)
3. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 69) (Michael William Delatorre, located north of Cactus along the north side of Bradshaw Circle).
4. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) and approving the amended map for said District (Amendment No. 70) (KB Home Coastal Inc., located at the northwest corner of Ironwood Ave. and Lasselle St.).
5. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 71) (KB Home Coastal Inc., located at the northwest corner of Bay Ave. and Moreno Beach Dr.).
6. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 72) (Inland Iris Partners, LLC, located at the south west corner of Iris Ave. and Perris Blvd.).
A.14. ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
AGREEMENT BY AND AMONG MO RENO VALLEY UNIFIED SCHOOL
DISTRICT, THE CITY OF MORENO VALLEY, AND KB HOME COASTAL
INC RELATING TO MORENO VALLEY UNIFIED SCHOOL DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (RESO. NO. 2022 -XX) (Report of: Financial & Management Services)
Recommendation:
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1. Adopt Resolution No. 2022-xx, a Resolution Approving the Joint Community Facilities Agreement between the Moreno Valley Unified School District, City of Moreno Valley and KB Home Coastal Inc , in substantially the form attached hereto with modificatio ns subject t o City Attorney approval, and authorize the City M anager to execute the Agreement and related documents.
A.15. SB 1205 FY 2021/2022 STATE MANDATED INSPECTIONS (Report of: Fire Department)
Recommendation:
1. Approve Resolution No. 2022 -XX, acknowledging the receive and file report submitted by the Moreno Valley Fire Department Fire Chief, regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13145, 13146 and 17921 of the California Health and Safety Code.
A.16. FIRST AMENDMENT TO AGREEMENT FOR TRANSPORTATION
PLANNING SERVICES (Report of: Public Works)
Recommendation:
1. Approve the First Amendment to the Agreement for Transportation Planning Services with HR Green Pacific Inc;
2. Authorize the City Manager to execute the First Amendment with HR Green Pacific Inc., which includes executing subsequent Amendments or Extensions to the Agreement, and the authority to authorize associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney; and
3. Authorize an increase to Purchase Order 202 2-755 w ith HR Green Pacific Inc. from a not -to-exceed amount of $100,000 to a not -to- exceed amount of $600,000 using existing funds already approved i n the Public Works Operating Budget.
A.17. PM 22701 - ADOPT RESOLUTION NO. 2022 -XX ORDERING THE
SUMMARY VACATION OF AN EXISTING PUBLIC DRAINAGE EASEMENT AS DEDICATED PER PARCEL MAP 22701 IN PARCEL MAP BOOK 159, PAGES 3 TO 14, OFFICIAL RECORDS OF RIVERSID E COUNTY (Report of: Public Works)
Recommendations:
1. Adopt Resolution No. 2022-XX. A Resolution of the City Council of the City of Moreno Valley, California, O rdering the Summary Vacation of a Public Drainage Easement Located Within Private Property Abut ting -8-
Krameria Avenue Approximately 600’ East of Lasselle Street.
2. Direct the City Clerk to certify said resolution and transmit a copy of the resolution to the office of the County Recorder for recordation.
A.18. APPROVE BID AWARD TO G&W FOR THE PURCHASE OF 15 kV, THREE
PHASE SOLID DIELECTRIC VACUUM SWITCHGEAR FOR MORENO
VALLEY UTILITY (Report of: Public Works)
Recommendations:
1. Award the Bid to G&W Electric Company, the lowest responsible bidder, for the purchase of 3 -Way and 4-Way Solid Dielectric Vacu um Switchgears; and
2. Authorize the issuance of a Purchase Order to G&W Electric Company for $3 36,718 (including $9,416 for shipping and $23,541 for taxes) plus a 10% contingency of $33,672 for a total of $370,390.
3. Authorize the City Manager to amend the s cope of work and budget if necessary, upon approval of the City Attorney.
A.19. PEN21-0162 (PM 38209) - APPROVE PARCEL MAP FOR FINANCE AND
CONVEYANCE PURPOSES LOCATED AT THE SOUTHEAST CORNER OF
REDLANDS BOULEVARD AND KALMIA AVENUE. OWNER: MR. PETER
WEAVER (Report of: Public Works)
Recommendations:
1. Approve PEN21 -0162 (PM 38209) final map for finance and conveyance purposes.
2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.
A.20. PEN20-0063 (TR 37909) – APPROVE COOPERATIVE AGREEMENT
BETWEEN THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, THE CITY, AND BEAZER HOMES HOLDINGS FOR THE SUNNYMEAD MDP, LINE M –2, STAGE 3 STORM DRAIN
LOCATED ON IRIS AVENUE EAST OF PERRIS BOULEVARD.
DEVELOPER: BEAZER HOMES HOLDINGS (Report of: Public Works) Recommendations:
1. Approve the Cooperative Agreement with the Riverside County Flood Control and Water Conservation District (the District), the City of Moreno Valley, and Beazer Homes, LLC (Deve loper), for the Sunnymead MDP line M-2, Stage 3.
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2. Authorize the City Manager to execute the Cooperative Agreement , and any amendments contingent upon approval of the City Attorney.
3. Direct the City Clerk to forward the signed Cooperative Agreement to the District.
B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUN 21, 2022 4:30 PM Recommendation:
1. Approve as submitted.
B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUN 21, 2022 6:00 PM Recommendation:
1. Approve as submitted.
B.4. MINUTES - CITY COUNCIL - CLOSED SESSION - JUL 5, 2022 4:30 PM Recommendation:
1. Approve as submitted.
B.5. MINUTES - CITY COUNCIL - REGULAR SESSION - JUL 5, 2022 6:00 PM Recommendation:
1. Approve as submitted.
B.6. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY F ACILITIES DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) - AMENDMENT NOS. 28-35 and 38-39 (RESO. NOS. CSD 2022- __ - __) (Report of: Financial & Management Services) Recommendation:
1. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valle y Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) -10-
and approving the amended map for said District (Amendment N o. 28) (Rivard Road, LLC, located north of Rivard Rd., west of Perris Blvd.)).
2. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 29) (Juan P. and Gloria L. Chavez, located at 25675 Aspenwood Ct.)
3. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 30) (KJ Duarte, located at 25542 Overlook Circle).
4. Adopt Resoluti on No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 31) (FPG-SUN MORENO VALLEY 66 , located at the southwest corner of Perris Blvd. and Krameria Ave.)
5. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community S ervices District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facili ties District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 32) (Boos-JL Moreno, LLC , located north of Eucalyptus Ave. , east of Stoneridge Ranch)
6. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said Dist rict (Amendment No. 33) (Via del Lagos Homes, LLC, located at the southwest corner of Via del Lago and Iris Ave.)
7. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 34) (Michael William Delatorre , located north of Cactus along the north side of Bradshaw Circle).
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8. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Co mmunity Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 35) (KB Home Coastal Inc. , located at the northwest corner of Bay Ave . and Moreno Beach Dr.).
9. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 38) (Inland Iris Partners, LLC , located at the southwest corner of Iris Ave. and Perris Blvd.).
10. Adopt Resolution No. 2022 -___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 39) (Raul, Itzayana and Isora Canales, located at 24937 Atwood Ave.).
C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUN 21, 2022 4:30 PM Recommendation:
1. Approve as submitted.
C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUN 21, 2022 6:00 PM Recommendation:
1. Approve as submitted.
C.4. MINUTES - CITY COUNCIL - CLOSED SESSION - JUL 5, 2022 4:30 PM Recommendation:
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1. Approve as submitted.
C.5. MINUTES - CITY COUNCIL - REGULAR SESSION - JUL 5, 2022 6:00 PM Recommendation:
1. Approve as submitted.
D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUN 21, 2022 4:30 PM Recommendation:
1. Approve as submitted.
D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUN 21, 2022 6:00 PM Recommendation:
1. Approve as submitted.
D.4. MINUTES - CITY COUNCIL - CLOSED SESSION - JUL 5, 2022 4:30 PM Recommendation:
1. Approve as submitted.
D.5. MINUTES - CITY COUNCIL - REGULAR SESSION - JUL 5, 2022 6:00 PM Recommendation:
1. Approve as submitted.
E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
E.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUN 21, 2022 4:30 PM Recommendation:
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1. Approve as submitted.
E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUN 21, 2022 6:00 PM Recommendation:
1. Approve as submitted.
E.4. MINUTES - CITY COUNCIL - CLOSED SESSION - JUL 5, 2022 4:30 PM Recommendation:
1. Approve as submitted.
E.5. MINUTES - CITY COUNCIL - REGULAR SESSION - JUL 5, 2022 6:00 PM Recommendation:
1. Approve as submitted.
F. PUBLIC HEARINGS
Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.
Those w ishing to spe ak should complete and sub mit a GOLDENROD speaker slip to the Sergeant-at-Arms.
G. GENERAL BUSINESS
H. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR
SEPARATE ACTION
I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action) March Joint Powers Commission (JPC)
Riverside County Habitat Conservation Agency (RCHCA)
Riverside County Transportation Commission (RCTC)
Riverside Transit Agency (RTA)
Western Riverside Council of Governments (WRCOG)
Western Riverside County Regional Conservation Authority (RCA) -14-
School District/City Joint Task Force
I.2. EMPLOYEE ASSOCIATION REPORTS
I.3. CITY MANAGER'S REPORT
(Informational Oral Presentation - not for Council action)
CLOSING COMMENTS AND/OR R EPORTS OF THE CITY COUNCIL, COMMUNITY
SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY
REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.
ADJOURNMENT
PUBLIC INSPECTION
The contents of the ag enda packet a re available for public in spection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
Any written information related to an open session agenda item that is known by t he City to ha ve been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
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CERTIFICATION
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regular Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public places pursuant to City of Moreno Valley Resolution No. 2007-40:
City Hall, City of Moreno Valley
14177 Frederick Street
Moreno Valley Library
25480 Alessandro Boulevard
Moreno Valley Senior/Community Center
25075 Fir Avenue
Jane Halstead, CMC
Manager of the Office of Mayor and City Council/City Clerk
Date Posted: September 1, 2022
ID#5910 Page 1
TO:
FROM: Jane Halstead, CMC, City Clerk
AGENDA DATE: September 6, 2022
TITLE: RECOGNITION FOR VOLUNTEER OF THE YEAR 2021 -
LYNDA DAVIS
RECOMMENDED ACTION
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
1 Packet Pg. 15
ID#5907 Page 1
TO:
FROM: Jane Halstead, CMC, City Clerk
AGENDA DATE: September 6, 2022
TITLE: PROCLAMATION RECOGNIZING NATIONAL
PREPAREDNESS MONTH
RECOMMENDED ACTION
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
2 Packet Pg. 16
ID#5890 Page 1
TO:
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: September 6, 2022
TITLE: RETIREMENT RECOGNITION FOR THE CHIEF OF
POLICE, JOHN SALISBURY
RECOMMENDED ACTION
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
3 Packet Pg. 17
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MINUTES
CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT
CITY AS SUCCESSOR AGENCY FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MORENO VALLEY
MORENO VALLEY PUBLIC FINANCING AUTHORITY
MORENO VALLEY HOUSING AUTHORITY
CLOSED SESSION – 4:30 PM
June 21, 2022
CALL TO ORDER
ROLL CALL
Council: Ed Delgado
Elena Baca-Santa Cruz
Dr. Yxstian A. Gutierrez
David Marquez
Ulises Cabrera
Mayor Pro Tem
Council Member
Mayor
Council Member
Council Member
PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY
There is a three-minute time limit per person. Please complete and submit a BLUE speaker slip to the City Clerk. All remarks and questions shall be addressed to the presiding officer or to the City Council.
A.2
Packet Pg. 18
Minutes Acceptance: Minutes of Jun 21, 2022 4:30 PM (CONSENT CALENDAR-CITY COUNCIL) -2-
CLOSED SESSION
A Closed Session of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency and Housing Authority will be convened in the Council Chamber for purposes of hearing public comment and then held in the City Manager’s Conference Room, Second Floor, City Hall. The City Council will meet in Closed Session to confer with its legal counsel regarding the following matter:
The Closed Session will be held pursuant to Government Code:
1 SECTION 54957.6(a) - CONFERENCE WITH LABOR NEGOTIATORS a) City Representative: Mike Lee, City Manager &
Brian Mohan, Assistant City Manager
Chief Financial Officer/City Treasurer
Employee Organization: Moreno Valley City Employees
Association (MVCEA)
b) City Representative: Mike Lee, City Manager &
Brian Mohan, Assistant City Manager
Chief Financial Officer/City Treasurer
Employee Organization: Moreno Valley Management
Association (MVMA)
c) City Representative: Mike Lee, City Manager &
Brian Mohan, Assistant City Manager
Chief Financial Officer/City Treasurer
Employee Organization: Moreno Valley Confidential
Management Employee’s
Association (MVCMEA)
2 SECTION 54957(b)(1) - PUBLIC EMPLOYMENT
Title: City Clerk Appointment
3 SECTION 54957(b)(1) - PUBLIC EMPLOYEE PERFORMANCE
EVALUATION
Public Employee Title: City Manager
REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY A.2
Packet Pg. 19
Minutes Acceptance: Minutes of Jun 21, 2022 4:30 PM (CONSENT CALENDAR-CITY COUNCIL) -3-
ADJOURNMENT
There being no further business to come before the City Council, Mayor Gutierrez adjourned the meeting at 5:40 PM.
Submitted by:
___________________________
Paul D. Bradvica
Deputy City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
A.2
Packet Pg. 20
Minutes Acceptance: Minutes of Jun 21, 2022 4:30 PM (CONSENT CALENDAR-CITY COUNCIL)
MINUTES
CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY June 21, 2022
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A.3
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Minutes Acceptance: Minutes of Jun 21, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-
MINUTES
JOINT MEETING OF THE
CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT
CITY AS SUCCESSOR AGENCY FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MORENO VALLEY
MORENO VALLEY HOUSING AUTHORITY
MORENO VALLEY PUBLIC FINANCING AUTHORITY
BOARD OF LIBRARY TRUSTEES
REGULAR MEETING – 6:00 PM
June 21, 2022
CALL TO ORDER
The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Mo reno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Authority and the Board of Library Trustees was called to order at 6:0 0 p.m. by Mayor Gutierrez in the Council Chamber located at 14177 Frederick Street.
Mayor Gutierrez announc ed that the City Council receives a separate stipend for CSD meetings.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Acting City Clerk/Assistant City Manager/Chief Financial Officer/City Treasurer Brian Mohan.
ROLL CALL
Council Dr. Yxstian A. Gutierrez Mayor
Edward A. Delgado Mayor Pro Tem
Elena Baca-Santa Cruz Council Member
David Marquez Council Member
Ulises Cabrera Council Member
Roll Call
INTRODUCTIONS
Staff: Paul Bradvica Deputy City Clerk
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Steven Quintanilla Interim City Attorney
Mike Lee City Manager
Brian Mohan Acting City Clerk, Assistant City Manager,
Chief Financial Officer, City Treasurer
Aldo Schindler Assistant City Manager
Manuel Mancha Community Development Director
Michael Lloyd Public Works Director/City Engineer
Jeremy Bubnick Parks & Community Services Director
John Salisbury Chief of Police
Jesse Park Fire Chief
Before beginning the Regular City Council Meeting, Mayor Gutierrez made three announcements.
Mayor Gutierrez announced that at the request of the developer, City staff published a notice to Continue item F.1 to a date uncertain. Therefore, the Moreno Valley Trade Center would not be discussed at tonight’s Council Meeting.
Mayor Gutierrez announced the published agenda had a duplicated Consent item: A.14. Therefore, asked the public to take note, that the consent section was a numbering sequence off by (1) digit for agenda items A.16-A.33 compared to the digital boardroom software which Council votes on.
Indicating that for the sake of this meeting, he would proceeded with the published numbering sequence.
Mayor Gutierrez moved Joint Consent Calendar to the beginning of the Meeting.
PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER
THE JURISDICTION OF THE CITY COUNCIL
Jane Plude
1. Shared her dedication to support stray animals in the City of Moreno Valley.
2. Asked for support in a high -volume, low -cost program for spay and neuter cats and dogs for the City.
3. Aspires to work with the City Council to assist stray animals.
Sammie Luna
1. President of League of United Latin American Citizens of Moreno Valley, Council 3297. LULAC is the largest and oldest Hispanic and Latino civil rights organization in the U.S.
2. Advertised accepting new members and can be contacted via Instagram.
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Rosa Bravo
1. Represented the Golden Society organization that supports the homeless population.
2. Aspired to join forces with other organizations to provides resources and support the homeless population.
Fred Banuelos
1. Reminded Council they represent the people who voted for them.
2. Critical of Hillwood providing bribery for the sport park at the Moreno Valley Trade Center.
3. Critical of the Moreno Valley Trade Center.
4. Encouraged Council to vote against the Moreno Valley Trade Center.
Randon Lane
1. Expressed gratitude to Mayor Gutierrez and the City Council for their continued service to the Residents of Moreno Valley.
Daryl Terrel
1. Shared motivational speech about banding together as a community to take on any challenges that lie ahead.
Lindsay Robinson
1. Thanked Interim City Attorney, Steve Quintanilla for shedding light on Council rules and procedures.
2. Critical of rules and procedures not being followed.
3. Called an end to the personal attacks on Council M ember Marquez and Council Member Cabrera.
4. Critical of the comments made by resident Elmer Thomas, commented that he is repetitive and commented on the personal traffic incident.
Christopher Henry
1. Speaking on behalf of Empire, a local cannabis busin ess which employs 150- 200 employees; 98% of which are Moreno Valley residents.
2. Critical of those cannabis businesses which are operating without a City permit.
3. Claims neighboring cities are lowering or suspending cannabis business taxes.
4. Praised San Bernardino’s cannabis taxes and policies, commenting they are progressive and less restrictive.
5. Shared he would like to continue operating in Moreno Valley, however his business partner would like to move their business elsewhere.
Donovan Saadiq
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1. Praised Mayor Gutierrez for proceeding to the Run -Off Election for Riverside County Supervisor.
2. Praised Council Member Baca-Santa Cruz for her work thus far.
3. Supported the appointment of JoAnn Stephan for the Planning Commission.
4. Requested a report regarding the events which occurred on October of 2021; Brown Act Violation.
5. Praised the improvements done in the Edgemont area, especially the work of the graffiti team.
6. Suggested redesigning the City Hall lobby to maintain conversations confidential.
Chris Baca
1. Claims City streetlights are not synchronized, which is leading to gridlock and traffic in the City.
2. Praised the work being done to repair/ improve street potholes.
Louise Palomarez
1. Critical of Council Member Cabrera.
2. Critical of Council Member Marquez.
3. Critical of Lindsay Robinson.
Tom Jerele
1. Praised the presentation made by Interim City Attorney, Steve Quintanilla.
2. Praised the appointment of JoAnn Stephan for the Planning Commission.
3. Thanked Council Member Marquez for assisting resident and late friend Jim Hutchinson, resident since 1987.
Bob Palomarez
1. Encouraged all City employees, and Officials mirror San Bernardino and be required to complete the Ethics Training.
2. Requested a report regarding the events which occurred on October of 2021; Brown Act Violation.
3. Critical of Council Member Marquez and Council Member Cabrera.
Danny Garcia
1. Remarked the San Bernardino cannabis tax rates will begin to increase in the near future.
2. Encouraged Council to help the local donkeys which are suffering from the drought.
3. Critical of the number of warehouses being built in Moreno Valley.
4. Encouraged more STEM education, training and forward thinking in regards to technology to move the City forward.
Roy Bleckert
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1. Requested a report regarding the events which occurred on October of 2021; Brown Act Violation.
2. Urged Council to be transparent and fair.
JoAnn Stephan
2. Thanked Interim City Attorney, Steve Quintanilla for the Staff Report on Mayoral duties.
3. Praised the residents who continue to speak at Council Meetings.
4. Expressed interest in the LULAC organization.
Rhodesia Allen
1. Requested maintenance of pine trees on Clark St. off Box Springs Road; believes it is a potential fire hazard.
2. Requested a park near the Box Springs area for the community.
Lenore Hamel
1. Requests more shade in the park areas
2. Recommends planting more nature plants in the City.
3. Recommends having fields of wildflowers for the environment and for the children instead of building more warehouses.
4. Mentioned overwatering by the government.
5. Expressed concerns regarding illegal fireworks around the 4 th of July, encouraged fliers to be distributed to mailboxes to encourage people to hold their neighbors accountable and prevent fires.
6. Encouraged retaining the open spaces in the community.
JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be r emoved for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.
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RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Council Member Cabrera asked to comment on A.4, A.8, A.5, A.20 (A.19), A.29 (A.28), A.30 (A.29), A.31 (A.30). Question on A.8.
There being no additional comments from Council, Mayor Gutierrez closed public comments.
There being no additional public comments, Mayor Gutierrez closed public comments.
A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
A.2. LIST OF PERSONNEL CHANGES (Report of: Financial & Management Services)
Recommendation:
1. Ratify the list of personnel changes as described.
A.3. CITY COUNCIL SUMMER MEETINGS SCHEDULE (Report of: City Clerk) Recommendation:
That the City Council:
1. Set the summer meetings schedule that cancels the July 19th, August 2nd and August 16th regular meetings, and the July 12th and August 9th study session.
A.4. MAYORAL APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (Report of: City Clerk)
Recommendation:
1. Receive and confirm the slate of Mayoral appointments as follows:
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ARTS COMMISSION
Name Position Term
MeLeah Robinson Member Ending 06/30/24
Hermie Natividad Member Ending 06/30/24
LIBRARY COMMISSION
Name Position Term
James O. Harris Member Ending 06/30/25
PARKS, COMMUNITY SERVICES AND TRAILS COMMITTEE
Name Position Term
Dora Capolino Member Ending 06/30/24
PLANNING COMMISSION
Name Position Term
Alvin DeJohnette Member Ending 06/30/25
Omar Cobian Member Ending 06/30/25
JoAnn Stephan* Member Ending 06/30/25
TRAFFIC SAFETY COMMISSION
Name Position Term
Zainab Alkhamaisi Member Ending 06/30/25
Esther Johnson Member Ending 06/30/25
* Pending successful completion of a background check
Council Member Cabrera stated, if approved, he congratulates all new Boards and Commission Members. Special Rec ognition to James Harris, and the new Planning Commissioners.
Louise Palomarez, expressed excitement to fill the Boards & Commission seats.
JoAnn Stephan
1. Clarified her differences with Council Member Cabrera were never intended to be personal attacks.
2. Expressed that her comments as a resident and her comments as a Planning Commissioner are two independent voices, and that she does not take work related issues personally.
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A.5. APPROVAL OF EMPLOYMENT AGREEMENT WITH JANE HALSTEAD TO
SERVE AS THE NEW MANAGER OF THE OFFICE OF MAYOR AND CITY COUNCIL/CITY CLERK (Report of: City Clerk)
Recommendation:
1. It is recommended that Council approve the Employment Agreement with Jane Halstead to serve as the new Manager of the Office of Mayor and City Council/City Clerk and authorize the Mayor to execute it on behalf of the City.
Council Member Cabrera expressed being in favor of Jane Halstead's employment agreement.
A.6. PAYMENT REGISTER - APRIL 2022 (Report of: Financial & Management Services)
Recommendation:
1. Receive and file the Payment Register.
A.7. ANNUAL STATEMENT OF INVESTMENT POLICY (Report of: Financial & Management Services)
Recommendation:
1. Adopt the Annual Statement of Investment Policy.
A.8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, AMENDING CHAPTER 2.04 COUNCIL OF THE MORENO VALLEY MUNICIPAL CODE TO ADD SECTION 2.04.007
MAYOR’S ROLE, DUTIES AND RESPONSIBILITIES AND SECTION
2.04.009 PUBLIC INQUIRIES (Report of: City Attorney)
That the City Council:
1. Introduce and adopt Ordinance No. 988 establishing the Mayor’s role, duties and responsibilities.
Council Member Cabrera requested a staff report from Interim City Attorney, Steve Quintanilla.
Interim City Attorney, Steve Quintanilla provided the staff report on item A.8.
Council Member Cabrera asked if this ordinance would effectively change whom can agendize items.
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Interim City Attorney, Steve Quintanilla responded in the negative.
Council Member Cabrera asked for clarification on the statement made by Interim City Attorney, Steve Quintanilla; what does "within reason" mean.
Interim City Attorney, Steve Quintanilla responded with an example.
Council Member Cabrera thanked Interim City Attorney, Steve Quintanilla.
Mayor Pro Tem Delgado asked Interim City Attor ney, Steve Quintanilla for clarification on the option of Resolution vs Ordinance.
Interim City Attorney, Steve Quintanilla responded an Ordinance would encourage transparency as Ordinances are posted online.
Acting City Clerk Brian Mohan clarifying that the item before Council was an Ordinance.
Interim City Attorney, Steve Quintanilla clarified that Book Publishing is the publisher of City Ordinances.
Roy Bleckert
1. Expressed disappointment for the series of canceled Study Sessions.
2. Expressed his support for each Council Member to be allowed to bring forth items to Council Meeting Agendas.
3. Suggested Item A.8 should have been brought forth via a Study Session.
Louise Palomarez, praised the work done by Interim City Attorney Steve Quintanilla.
JoAnn Stephan, expressed being in favor of the ordinance being presented.
A.9. ANNUAL REVIEW OF THE DEBT MANAGEMENT POLICY (Report of:
Financial & Management Services)
Recommendation:
1. Review and approve the Debt Management Policy.
A.10. FISCAL YEAR 2 021/22 THIRD QUARTER BUDGET REVIEW AND APPROVAL OF THE THIRD QUARTER BUDGET AMENDMENTS (Report of: Financial & Management Services)
Recommendations: That the City Council:
1. Receive and file the Fiscal Year 2021/22 Third Quarter Budget Review.
2. Adopt Resolution No. 2022-37. A resolution of the City Council of the A.3
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City of Moreno Valley, California, adopting the revised budgets for fiscal years 2021/22 – 2022/23.
3. Approve the City Position Summary.
4. Approve the salary schedules effective July 9, 2022.
5. Approve the Moreno Valley Community Foundation Budget.
Recommendations: That the MVCF
1. Adopt Resolution No. MVCF 2022 -01. A Resolution of the Moreno Valley Community Foundation of the City of Moreno Valley, adopting the revised operating and capital bud gets for Fiscal Years (FY) 2021/22 – 2022/23.
Recommendations: That the CSD:
1. Adopt Resolution No. CSD 2022 -24. A resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, adopting the revised operating and capital budgets for Fiscal Years 2021/22 – 2022/23.
Recommendations: That the City Council as SA:
1. Adopt Resolution No. SA 2022-03. A Resolution of the City Council of the City of Moreno Valley, California, Serving as Successor Agency to the Community Redevelopment Agency of the City of Moreno Valley, California, adopting the revised operating and capital budget for Fiscal Years 2021/22 – 2022/23.
A.11. APPROVE A RESOLUTION DECLARING PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54221 THAT THE REAL PROPER TY IDENTIFIED AS APNs 481 -130-022, 481 -130-023, 485 -032-013, 486 -084-006 AND 486 - 084-011 IS DESIGNATED AS EXEMPT SURPLUS LAND AND NOT
NECESSARY FOR THE AUTHORITY’S USE AT THIS TIME, FINDING THAT
SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER TH E CALIFORNIA ENVIRONMENTAL QUALITY ACT (Report of:
Financial & Management Services)
Recommendation:
1. Approve a Resolution declaring pursuant to California Government Code § 54221 that the real property identified as APNs 481 -130-022, 481-130-023, 485 -032-013, 486 -084-006 and 486 -084-011 is designated as exempt surplus land and not necessary for the authority’s use at this time, finding that such declaration is exempt A.3
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from environmental review under the California Environmental Quality Act.
A.12. AUTHORIZATION TO AWARD PROFESSIONAL CONSULTANT SERVICES AGREEMENTS FOR GRANT ADMINISTRATION SERVICES (Report of:
Financial & Management Services)
Recommendations:
1. Award professional consultant services agreements to Avant Garde and Willdan Financial Services to pr ovide grant administration services.
2. Authorize the City Manager to execute the Agreements, subject to approval as to form by the City Attorney, and subsequent amendments to the Agreement, including the authority to approve purchase orders in accordance w ith the terms of the Agreement, provided sufficient funding appropriations have been approved by the City Council.
A.13. APPROVE SECOND AMENDMENT TO WILLDAN FINANCIAL SERVICES
FOR CARES ACT GRANT ADMINISTRATION SERVICES TO EXTEND THE
TIME OF PERFORMANCE AND FUNDING RELATED TO INCREASED
COMPLIANCE FOR REQUIRED OVERSIGHT OF ADDITIONAL FEDERAL AWARDS RECEIVED (Report of: Financial & Management Services) Recommendations: That the City Council:
1. Approve the Second Amendment to Agreement No. 2022-174 to the Willdan Financial Services CARES Act Grant Administration Services Agreement to extend the time of performance through June 30, 2024 and provide additional compensation.
2. Authorize an increase of $ 150,000.00 to the current Agreement (No. 2022-174) from CDBG -CV (COVID) and ESG -CV (COVID) Admin Funds, upon final execution of the Second Amendment.
A.14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, CONFIRMING STATEMENTS OF COSTS AGAINST
REAL PROPERTY LOCATED IN THE CITY OF MORENO V ALLEY, FOR
ABATEMENTS OF PUBLIC NUISANCES AND DIRECTION THAT SAID
STATEMENTS OF COSTS CONSTITUTE A LIEN UPON SAID
PROPERTIES (Report of: Fire Department)
Recommendations:
1. Adopt Resolution No. 2022 -38 Resolution of the City Council of the A.3
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City of Moreno Va lley, California, Confirming Statements of Costs against Real Property located in the City of Moreno Valley, for Abatements of Public Nuisances and Direction that Said Statement of Costs Constitute a Lien upon Said Properties.
2. Approve placing the submitte d Property Assessment List of delinquent nuisance abatement accounts on the FY 22/23 Riverside County property tax roll for collection.
3. Direct the City Clerk to file a certified copy of Resolution No. 2022 -38 and the Property Assessment List with the Rive rside County Tax Assessor’s office as required by Section 6.04.120 of the City of Moreno Valley Municipal Code.
A.15. ACCEPTANCE OF CALIFORNIA DEPARTMENT OF RESOURCES, RECOVERY AND RECYCLING SB 1383 LOCAL ASSISTANCE GRANT
PROGRAM (Report of: Financial & Management Services)
Recommendation:
1. Staff recommends the City Council approve the acceptance of the SB 1383 Local Assistance Program grant funds awarded by the California Department of Resources, Recovery, and Recycling (CalRecycle), in the amount of $296,171.00.
2. Authorize the Chief Financial Officer or designee to appropriate $296,171.00 as revenue and expense per fiscal year in Fund (2300).
A.16. APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR
CERTAIN COMMUNITY FACILITIES DISTRICTS FOR FISCAL Y EAR 2022/23 (RESO NOS. 2022 -39, 2022 -40, 2022 -41, 2022 -42, and 2022 -43) (Report of: Financial & Management Services)
Recommendations:
1. As the legislative body of Moreno Valley Community Facilities District No. 5, Adopt Resolution No. 202 2-39, a Resolutio n of the City Council of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 5 of the City of Moreno Valley Maximum and Applied
Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof.
2. As legislative body of Moreno Valley Community Facilities District No. 7, Adopt Resolution No. 2022-40, a Resolution of The City Council of the City of Moreno Valley, California, Approving the Continuation of the Improvement Area No. 1 of Community A.3
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Facilities District No. 7, of the City Of Moreno Valley Maximum and Applied Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof
3. As the legislative body of Improvement Area No. 1 of Community Facilities District No. 87 -1, adopt Resolution No. 2022-41, a Resolution of the City Council of the City of Moreno Valley, California, Approving the Continuation of the Improvement Area No. 1 of Community Facilities District No. 87 -1 of the City of Moreno Valley Maximum and Applied Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof.
4. As the legislative body of Moreno Valley Community Facilities District No. 4 -Maintenance, adopt Resolution No. 2022-42, a Resolution of the City Council of the City of Moreno Valley, California, Approving the Continuatio n of the Community Facilities District No. 4 -Maintenance of the City of Moreno Valley Maximum and Applied Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof.
5. As the legislative body of the Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022- 43, a Resolution of the City Council of the City of Moreno Valley, California, Approving the Continuation of the City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) Maximum and A pplied Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof.
6. Authorize the Chief Financial Officer to adjust the proposed special tax rates in the event there are any parcel changes , clerical errors, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of
Riverside, provided the applied special tax does not exceed the maximum special tax and is in compliance with the Rate and Method of Apportionment of Special Tax for the district.
A.17. AWARD OF AN INDEPENDENT CONTRACTOR AGREEMENT FOR
LANDSCAPE MAINTENANCE SERVICES (LANDSCAPE DISTRICTS -
MORENO) (CITY COUNCIL AND CSD BOARD), WHICH IS FUNDED BY PARCEL CHARGES (AGMT. NO. 2022 -75) (Report of: Financial & Management Services)
Recommendations:
1. Approve the Agreement for On -Site and/or Professional Services for Landscape Districts – Moreno (“Agreement”) with A.3
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Greentech Landscape, Inc., 13560 Telegraph Rd. Whittier , CA 90605, and waive any and all minor irregularities, to provide landscape and irrigation maintenance services for certain landscape maintenance districts for a period of five years at a total not-to-exceed amount of $1,736,794.50.
2. Authorize the City Manager to execute the Agreement with Greentech Landscape, Inc. and authorize the Assistant City Manager/Chief Financial Officer to execute subsequent
amendments to the Agreement, in accordance with its terms, subject to the approval of the City Attorney and provided sufficient funding appropriat ions and program approvals have been granted by the City Council.
A.18. ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 9 TO THE LOAN
AGREEMENT BETWEEN THE CITY OF MORENO VALLEY AND THE
POLICE FACILITIES DEVELOPMENT IMPACT FEE FUND (RESO. NO. 2022-44) (Report of: Financial & Management Services)
Recommendation:
1. Adopt a Resolution of the City Council of the City o f Moreno V alley, California, authorizing Amendment No. 9 to t he loan a greement between the City of Moreno Valley and t he Police Fa cility Development Impact Fee fund.
A.19. REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER ANNUAL SUMMIT (Report of: Parks & Community Services)
Recommendations:
1. Approve a request for sponsorship funds by the Southwest Veterans’ Business Resource Center (SVBRC) based on criteria prescribed in the City’s Sponsorship Policy and prior Council approvals.
2. Approve a sponsorship greater than the limit of $2,500 as set forth in the General management Policy No. 2.13, City Sponsorship Policy, Section V Sponsorship Amounts.
Council Member Cabrera expressed gratitude towards Michael Lloyd, Finance, and City Staff for advancing the Moreno Valley roads repair project.
A.20. FIRST AMENDMENT WITH NEW CINGULAR WIRELESS PCS, LLC, A
DELAWARE LIMITED LIABILIT Y COMPANY, FOR 'SUB -LICENSE
AGREEMENT’ WITH DISH NETWORK CORPORATION (Report of: Parks & Community Services)
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Staff recommends that the City Council authorize the Mayor to execute a First Amendment to the Telecommunications License Agreement with New Cingul ar Wireless PCS, LLC, a Delaware limited liability company, for a sublicense agreement with Dish Network Corporation on approximately 48 square feet of ground space at the existing cell facility on the property known as Weston Park.
A.21. FIRST AMENDMENT WITH STC ONE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR 'SUB -LEASE AGREEMENT’ WITH DISH NETWORK CORPORATION (Report of: Parks & Community Services) Recommendation:
Authorize the Mayor to execute a First Amendment to the Telecommunications Lease Agre ement with STC ONE, LLC, a Delaware limited liability company, for a sublease agreement with Dish Network Corporation on approximately 130 square feet of ground space at the existing cell facility on the property known as 10511 Village Road, Fire Station 48.
A.22. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) LOCAL DEVELOPMENT MITIGATION FEE AUTOMATIC INCREASE. (Report of:
Community Development)
Recommendation:
1. Adopt Resolution No. 2022-45. A Resolution of the City Council of the City of Moreno Valley, California, implementing an automatic increase to the Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee.
A.23. Authorize Agreement for Veterinary Services for the Moreno Valley Animal Shelter (Report of: Community Development)
Recommendations:
1. Approve agreement with Moreno Valley Community Vet Care, owned and operated by Dr. Nicholas A. Storey, D.V.M., and Dr. Joey Cowen, D.V.M. for the two-year period ending June 30, 2024.
2. Authorize the City Manager to sign the agre ement and any subsequent amendments, subject to the approval of the City Attorney.
A.24. AUTHORIZATION TO AWARD PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING AND SAFETY PLAN CHECK, INSPECTION, AND PERMIT
TECHNICIAN PUBLIC COUNTER SERVICES TO WILLDAN
ENGINEERING, INC. (Report of: Community Development)
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Recommendations:
1. Approve the three -year agreement with Willdan Engineering, Inc. for Building and Safety plan review, inspection, and permit technician consultant services, and authorize the City Manager, or his designee, to execute the agreement and any subsequent amendments, subject to the approval of the City Attorney, in accordance with approved terms of the agreement.
2. Authorize the Purchasing Division Manager, or her designee, to approve a purchase orde r to Willdan Engineering, Inc. in accordance with approved terms of the Agreements. Contract costs are offset through cost recovery by fees for service paid for by project applicants.
3. Authorize the Chief Financial Officer, or his designee, to make any necessary budget adjustments as set forth in the Fiscal Impact section of this report.
A.25. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE
COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH AND THE CITY
OF MORENO VALLEY FOR VECTOR CONTROL SERVICES,
ENVIRONMENTAL PLANNING REVIEW, TECHNICAL ASSISTANCE, AND
PLAN REVIEW FOR ONSITE WASTEWATER TREATMENT SYSTEMS
(Report of: Community Development)
Recommendation:
1. Approve the five -year Memorandum of Understanding between the City of Moreno Valley and Riverside County Department of Environmental Health in an amount not-to-exceed $200,000 for vector control services and environmental planning review, technical assistance, and plan review for Onsite Wastewater Treatment Systems, and authorize the City Manager, subject to the approval of the City Attorney, or his designee, to execute the Memorandum of Understanding and any subsequent amendments in accordance with the terms of the Memorandum of Understanding.
2. Authorize the Purchasing Division Manager, or her designee, to approve a Purchase Order to Riverside County Department of Environmental Health, in accordance with the approved terms of the Memorandum of Understanding.
3. Authorize the Chief Financial Officer, or his designee, to make any necessary budget adjustments as set forth in the Fiscal Impact section of this report.
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A.26. ADOPT RESOLUTION NO. 2022 -46 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA,
CONFIRMING STATEMENTS OF COSTS AGAINST REAL PROPERTIES
LOCATED IN THE CITY OF MORENO VALL EY FOR THE ABATEMENTS
OF PUBLIC NUISANCES AND DIRECTING THAT SAID STATEMENTS OF COSTS CONSTITUTE A LIEN UPON SAID PROPERTIES (Report of:
Community Development)
Recommendation:
1. Adopt Resolution No. 2022-46. A Resolution of the City Council of the City of M oreno Valley, California, confirming Statements of Costs against real properties located in the City of Moreno Valley for the abatements of public nuisances and directing that said Statements of Costs constitute a lien upon said properties.
2. Approve placi ng the submitted Property Assessment List of delinquent nuisance abatement accounts on the Fiscal Year (FY) 2022/2023 Riverside County property tax roll for collection.
3. Direct the City Clerk to file with the Riverside County Assessor’s office a certified copy of Resolution No. 2022 -46 and the Property Assessment List as required by Section 6.04.120 of the City of Moreno Valley Municipal Code.
A.27. AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT TO GLOBAL POWER GROUP, INC. FOR GENERATOR MAINTENAN CE, REPAIR, AND TESTING SERVICES AT CITY FACILITIES (Report of: Public Works)
Recommendations:
1. Award a five-year contract to Global Power Group, Inc. for a total not- to-exceed amount of $ 250,000 for Generator Maintenance, Repair, and Testing Services for City Facilities on a routine and on -call basis; and authorize the City Manager to execute contracts in conformance with the attached Agreement using fund 7310, Facilities Maintenance;
2. Authorize the issuance of annual purchase orders for Global Power Group, Inc. . on a routine and as needed basis each year of the Agreement term subject to funds available in the City Council approved Operating Budget; and
3. Authorize the City Manager to execute any amendments, purchase orders and/ or change orders, co ntingent upon approved budget and approval of the City Attorney.
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A.28. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J.
NOBLE COMPANY FOR CITYWIDE PAVEMENT REHABILITATION
PROGRAM FY 21/22 - 25/26 (LOCAL STREETS), PROJECT NO. 801 0089 (Report of: Public Works)
Recommendations:
1. Award a construction contract to R. J. Noble Company for the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Local Streets) and authorize the City Manager to execute a contract in substantial conformance with the a ttached contract in the amount of $6,722,780.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
2. Award an agreement for Professional Consultant Service to GK & Associates to pro vide construction management and inspection services for the Citywide Pavement Rehabilitation Program FY 2 1/22 – 25/26 (Local Streets) and authorize the City Manager to execute the agreement with GK & Associates in the amount of $269,700.00;
3. Award an agre ement for Professional Consultant Service to LOR Geotechnical Group, Inc. to provide material testing and geotechnical services for the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Local Streets) and authorize the City Manager to execute the agreement with LOR Geotechnical Group, Inc. in the amount of $174,460.00;
4. Authorize the issuance of a Purchase Order to R. J. Noble Company in the amount of $ 7,058,919.00 (bid amount plus a 5% contingency), a Purchase Order to GK & Associates in the amount of $269,700.00, and a Purchase Order to LOR Geotechnical group, Inc. in the amount of $174,460.00 necessary for completing the construction of this project, funded by Senate Bill 1 (SB1) Funds (2000A) and Capital Project Reimbursement Fund (Fund 3008); and
5. Authorize the Public Works Director/City Engineer to execute any subsequent change orders to R. J. Noble Company’s contract not exceeding the contingency of $ 336,139.00, subject to the approval of the City Attorney.
Council Member Cabrera expressed g ratitude towards Michael Lloyd, Finance, and City Staff for advancing the Moreno Valley roads repair project.
A.29. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO HARDY & HARPER, INC. FOR PAVEMENT REHABILITATION FOR VARIOUS
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LOCAL STREETS – CDBG FY 2021 -22, PROJECT NO. 801 0093 (Report of: Public Works)
Recommendations:
1. Award a construction contract to Hardy & Harper, Inc. for the Pavement Rehabilitation for Various Local Streets - CDBG FY 2021/22 project and authorize the City Manager to execute a cont ract in substantial conformance with the attached contract in the amount of $2,444,260.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
2. Award an agreement for Professional Co nsultant Service to GK & Associates to provide construction management and inspection services for the Pavement Rehabilitation for Various Local Streets – CDBG FY 2021/22 project and authorize the City Manager to execute the agreement with GK & Associates in the amount of $215,760.00;
3. Award an agreement for Professional Consultant Service to LOR Geotechnical Group, Inc. to provide material testing and geotechnical services for the Pavement Rehabilitation for Various Local Streets – CDBG FY 2021/22 project and authorize the City Manager to execute the agreement with LOR Geotechnical Group, Inc in the amount of $136,560.00;
4. Authorize the issuance of a Purchase Order to Hardy & Harper, Inc. in the amount of $2,688,686.00 (bid amount plus a 10% contingency), a Purchase Order to GK & Associates in the amount of $ 215,760.00, and a Purchase Order to LOR Geotechnical Group, Inc in the amount of $ 136,560.00 necessary for completing the construction of this project, funded by Community Development Block Grant Funds (Fund 2512) and Capital Project Reimbursement Funds (Fund 3008); and
5. Authorize the Public Works Director/City Engineer to execute any subsequent change orders to Hardy & Harper’s contract not exceeding the contingency of $ 244,426.00, subject to the approva l of the City Attorney.
Council Member Cabrera expressed gratitude towards Michael Lloyd, Finance, and City Staff for advancing the Moreno Valley roads repair project.
A.30. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL
AMERICAN ASPHALT FOR CITY WIDE PAVEMENT REHABILITATION
PROGRAM FY 21/22 - 25/26 (ARTERIAL AND COLLECTOR STREETS), PROJECT NO. 801 0096 (Report of: Public Works)
Recommendations:
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1. Award a construction contract to All American Asphalt for the Citywide Pavement Rehabilitation Program - FY 21/22 – 25/26 (Arterial and Collector Streets) project and authorize the City Manager to execute a contract in substantial conformance with the attached contract in the amount of $18,746,665.00 , and authorize the City Manager to approve and execute an y subsequent amendments subject to the approval of the City Attorney;
2. Award an agreement for Professional Consultant Service to TKE Engineering, Inc. to provide construction management and inspection services for the Citywide Pavement Rehabilitation Progr am - FY 21/22 – 25/26 (Arterial and Collector Streets) project and authorize the City Manager to execute the agreement with TKE Engineering, Inc. in the amount of $412,330.00;
3. Award an agreement for Professional Consultant Service to Aragon Geotechnical, Inc. to provide material testing and geotechnical services for the Citywide Pavement Rehabilitation Program - FY 21/22 – 25/26 (Arterial and Collector Streets) project and authorize the City Manager to execute the agreement with Aragon
Geotechnical, Inc. in the amount of $255,751.00;
4. Approve the Third Amendment to the On -Call Agreement for Professional Civil Engineer/Project Manager services with CAV Consulting for various CIP projects including this project and authorize the City Manager to execute the Third Amendment to Agreement with CAV Consulting;
5. Authorize the issuance of a Purchase Order to All American Asphalt in the amount of $19,683,998.25 (bid amount plus a 5% contingency), a Purchase Order to TKE Engineering, Inc. in the amount of $412,330.00, and a Purchase Order to Aragon Geotechnical, Inc. in the amount of $255,751.00 necessary for completing the construction of this project, funded by Capital Project Reimbursement Funds (Fund 3008);
6. Approve the change order to the existing Purchase Order for CAV Consulting in the amount $200,000 , funded by General Fund (Fund 1010), for a not -to-exceed Purchase Order total amount of $474,500.00 once the Amendment has been signed by all parties; and
7. Authorize the Public Works Director/City Engineer to exec ute any subsequent change orders to All American Asphalt’s contract not exceeding the contingency of $ 937,333.25, subject to the approval of the City Attorney.
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Council Member Cabrera expressed gratitude towards Michael Lloyd, Finance, and City Staff for advancing the Moreno Valley roads repair project.
A.31. APPROVE AND EXECUTE THE AGREEMENT WITH BEST CONTRACTING SERVICES, INC., FOR ROOF REPLACEMENTS PROJECT 803 0054 AND BUDGET APPROPRIATION (Report of: Public Works)
Recommendations:
1. Approve the Agreem ent for the Roof Replacements Project No. 803 0054 with Best Contracting Services, Inc., the lowest responsible bidder, funded through Facility Construction (Fund 3000), Zone A Parks (Fund 5011), and Facilities Replacement Reserve (Fund 7330);
2. Authorize t he City Manager to execute the Agreement for the Roof Replacements with Best Contracting Services, Inc.; and issuance of the Purchase Order for installation after the Agreement has been fully executed;
3. Authorize the City Manager to execute any subsequent related Extensions or Amendments to the Agreement within the authorized funding, subject to the approval of the City Attorney; and
4. Approve Budget Adjustments as contained in the Fiscal Impact section of this report.
A.32. A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF MORENO
VALLEY, CALIFORNIA, RATIFYING THE ATTESTATION OF VERACITY
SUBMITTED TO THE CALIFORNIA ENERGY COMMISSION FOR THE
2021 POWER SOURCE DISCLOSURE PROGRAM ANNUAL REPORT
(Report of: Public Works)
Recommendation:
1. Approve Resolution No. 20 22-47. A Resolution of the City Council of the City of Moreno Valley, California, Ratifying the Attestation of Veracity submitted to the California Energy Commission for the 2021 Power Source Disclosure Program Annual Report.
B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
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Recommendation: Waive reading of all Ordinances.
B.2. APPROVAL OF THE MAXIMU M AND APPLIED SPECIAL TAXES FOR
CERTAIN COMMUNITY FACILITIES DISTRICTS FOR FISCAL YEAR
2022/23 (RESO. NOS. CSD 2022 -25 and CSD 2022 -26) (Report of:
Financial & Management Services)
Recommendations:
1. Acting in its capacity as the Board of Directors for the CSD and as the legislative body of Community Facilities District No. 1, adopt Resolution No. CSD 2022-25, a Resolution of the
Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Community F acilities District No. 1 Maximum and Applied Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof.
2. Acting in its capacity as the Board of Directors for the CSD and as the legislative body of Community Facilities District No. 2021 - 01, adopt R esolution No. CSD 2022 -26, a Resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 2021 -01 Maximum and
Applied Special Tax Rates for Fiscal Year 2022/23, and
Calculation Thereof.
3. Authorize the Chief Financial Officer to adjust the proposed special tax rates in the event there are any parcel changes , clerical errors, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of
Riverside, provided the applied special tax does not exceed the maximum special tax and is in compliance with the Rate and Method of Apportionment of Special Tax for each district.
B.3. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021 -01 (PARKS
MAINTENANCE) - AMENDMENT NOS. 15 -23, 26, and 27 (RESO. NOS.
CSD 2022- 27 -37) (Report of: Financial & Management Services) Recommendation:
1. Adopt Resolution No. 2022 -27, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended
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map for said District (Amendment No. 15) (Karla Stefani and Carlos Enrique Gonzalez, located at 13331 Harewood Dr.).
2. Adopt Resolution No. 2022 -28, a Resolution of the Board for the Moreno Valley Community Servic es District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 16) (Gabriel and Marisol Martinez, located at 16502 Dartmoor Circle).
3. Adopt Resolution No. 2022 -29, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Mo reno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended
map for said District (Amendment No. 17) (Nadia Patchell , located at 21898 Winding Rd.)
4. Adopt Resolution No. 2022 -30, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Am endment No. 18) ( David A. and Deborah J. Turner, located at 23769 Hemlock Ave).
5. Adopt Resolution No. 2022 -31, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 19) (Ruben Pesqueda, located at 24947 Branch St.)
6. Adopt Resolution No. 2022 -32, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended
map for said District (Amendment No. 20) (Moises Camargan and Alma Patricia Jimenez, located at 13734 Regis Dr.)
7. Adopt Resolution No. 2022 -33, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No.
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2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 21) (Muhammad Hanif, located at 25681 Palmwood Dr.)
8. Adopt Resolution No. 2022 -34, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 22) (Maria Del Socorro E. Lopez Alvarez, located at 24955 Escondido Ct.).
9. Adopt Resolution No. 2022 -35, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended
map for said District (Amendment No. 23) (Beazer Home
Holdings, located south of Iris Ave., east of Perris Blvd.).
10. Adopt Resolution No. 2022 -36, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 26) ( Maria I. Giron Rivera, located at 24908 Alessandro Blvd.).
11. Adopt Resolution No. 2022 -37, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended
map for said District (Amendment No. 27) ( Elsy Gutierrez Chavez and Luis Ovidio Lopez Gutierrez , located at 13320 Sunfield Dr.).
C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDA R INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
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D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDA R INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALEND AR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
F. PUBLIC HEARINGS
Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.
Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.
F.1. Moreno Valley Trade Center/Park (Report of: Community Development) That the City Council take the following actions:
1. Adopt Resolution No. [next in order] approving and adopting the Mitigation, Monitoring and Reporting Program and Statement of Overriding Considerations and Certifying the Final Environmental Impact Report for the Moreno Valley Trade Center Project;
2. Adopt Resolution No. [next in order] approving General Plan Amendment (PEN19-0191), Tentative Parcel Map (PEN19-0234), and Plot Plan (PEN19 -0193) and the respective conditions of approval, based on the Recitals, Evidence and Findings contained in the Administrative Record of the proceedings;
3. Introduce Ordinance No. [next in order] approving Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas and the conditions of approval, based on the Recitals, Evidence and Findings contained in the Administrative Record of the A.3
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proceedings;
4. Adopt Resolution No. [next in order] finding and determining pursuant to Senate Bill No. 330 that approval of the Moreno Valley Trade Center project shall not result in a net loss in residential capacity; and,
5. Adopt Resolution No. [next in order] accepting the Community Benefits and Community Park on behalf of the City of Moreno Valley, as offered by the Applicant and set forth in the Community Park Acquisition and Improvement Agreement and authorize th e City Manager to execute the Agreement and approve any subsequent amendments, subject to the consent of the City Attorney, consistent with the intent and purposes of the Agreement.
F.2. MUNICIPAL CODE AMENDMENTS AMENDING VARIOUS SECTIONS WITHIN TITLE 1 GENERAL PROVISIONS, INCLUDING CHAPTER 1.10 CIVIL CITATIONS, TITLE 9 PLANNING AND ZONING, INCLUDING CHAPTER 9.02 PERMITS AND APPROVALS, CHAPTER 9.09 SPECIFIC USE DEVELOPMENT STANDARDS, CHAPTER 9.13 SPECIFIC PLANS, CHAPTER 9.14 LAND DIVISIONS, AND CHAPTER 9. 16 DESIGN
GUIDELINES (Report of: Community Development)
Recommendations:
1. Adopt Resolution No. 2022-48. A resolution of the City Council of the City of Moreno Valley, California, adopting the special event coordinator/organizer (business license) fees.
2. Introduce and conduct the first reading of Ordinance No. 989 adding Section 1.10.085 to Chapter 1.10 of Title 1 of the City of Moreno Valley Municipal Code related to Civil Fines for Illegal Cannabis Operations;
3. Introduce and conduct the first reading of Or dinance No. 909 amending Tables 9.02.020 -1 and 9.02.020-2, and Sections 9.02.140,
9.02.320, 9.09.300, 9.09.310, 9.13.040, 9.13.080, 9.14.240, and
9.16.150 of Title 9 of the City of Moreno Valley Municipal Code to provide updates that comply with State requ irements related to compliance with new State Law and Housing and Community Development (HCD) requirements, streamline Code requirements to provide flexibility and clarity regarding existing requirements, and to streamline certain processes, and provide fo r other minor clarifications and clean-up items; and,
4. Schedule the second reading and adoption of Ordinance Nos. 989, and 990 for the next regular Council meeting.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: David Marquez, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Planning Division Manager/Planning Official Sean Kelleher provided the report.
Council Member Cabrera requested clarification on the rooftop amenities.
Planning Division Manager/Plan ning Official Sean Kelleher responded; amenity modifications are applicable for structures four stories and over.
Council Member Elena clarified the Woodspring Suites will be exempt from Item F.2.
Ray Castor
1. Recounted the April 2022 Intergovernmental Panel on Climate Change's discussion on the climate crisis.
2. Suggested a suspension on all new development until existing problems are identified, addressed, and resolved.
Planning Division Manager/Planning Official Sean Kelleher responded in the affirmative.
F.3. PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
SERVICES DISTRICT ANNUAL PARCEL TAXES AND CHARGES FOR
FISCAL YEAR 2022/23 (ZONES A, C, D, E, M, and S) (RESO. NOS. CSD 2022-38, CSD 2022-39, CSD 2022-40, CSD 2022-41, CSD 2022-42 and CSD 2022-43) (Report of: Financial & Management Services)
Recommendations: That the CSD:
1. Conduct a Public Hearing to consider continuing the current Zones A, C, D, E, M, and S Moreno Valley Community Services
District annual parcel taxes and charges as proposed for Fiscal Year 2022/23.
2. Adopt Resolution No. CSD 2022-38, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Tax for Providing Zone A (Parks and Community Services) Services During Fiscal Year
2022/23, and Calculation Thereof.
3. Adopt Resolution No. CSD 2022-39, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Ap proving the Continuation of the Maximum and Applied Parcel Tax for Providing Zone C
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(Arterial Street and Intersection Lighting) Services During Fiscal Year 2022/23, and Calculation Thereof.
4. Adopt Resolution No. CSD 2022-40, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Charges for Providing Zone D (Parkway Landscape Maintenance) Services During Fiscal
Year 2022/23, and Calculation Thereof.
5. Adopt Resolution No. CSD 2022-41, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Charges for Providing Zone E (Extensive Landscape Maintenance) Services During Fiscal Year 2022/23, and Calculation Thereof.
6. Adopt Resolution No. CSD 2022-42, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Appro ving the Continuation of the Maximum and Applied Parcel Charges for Providing Zone M (Commercial/Industrial/Multifamily Improved Median
Maintenance) Services During Fiscal Year 2022/23, and
Calculation Thereof.
7. Adopt Resolution No. CSD 2022-43, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Charges for Providing Zone S (Sunnymead Boulevard Maintenance) Services During Fiscal Year 2022/23, and Calculation Thereof.
8. Authorize the Chief Financial Officer to adjust the proposed charges in the event there are any parcel changes , clerical errors, or other adjustments as may be necessary between the date the parcel charges were calcul ated and the date the fixed charges are submitted to the County of Riverside, provided the applied charges do not exceed the maximum charge s and are in compliance with the formation documents for each zone.
RESULT: APPROVED [UNANIMOUS]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: David Marquez, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Assistant City Manager/Chief Financial Officer/City Treasurer Mohan provided the report.
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F.4. PUBLIC HEARING TO CONFIRM A DIAGRA M AND ASSESSMENTS FOR LIGHTING MAINTENANCE DISTRICT NO. 2014 -01 FOR FISCAL YEAR 2022/23 (RESO NO. CSD 2022 -44) (Report of: Financial & Management Services)
Recommendations: That the CSD:
1. Conduct the Public Hearing on the proposed levy of real property assessments for Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.
2. Adopt Resolution No. CSD 2022-44, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Confi rming a Diagram and
Assessments for Fiscal Year 2022/23 in Connection with
Moreno Valley Community Services District Lighting
Maintenance District No. 2014-01.
3. Authorize the Chief Financial Officer to adjust the proposed assessments in the event there are any parcel changes , clerical errors , or other adjustments as may be necessary between the date the assessments were calculated and the date the fixed charges are submitted to the County of
Riverside, provided the applied assessments do not exceed the maxi mum assessments and are in compliance with the formation documents for the district.
RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Assistant City Manager/Chief Financial Officer/City Treasurer Mohan provided the report.
Council Member Marquez requested clarification on whether or not item F.4 conflicts with the Souther California Edison light poles purchased by the City several years ago.
Assistant City Manager/Chief Financial Officer/City Treasurer Mohan responded in the negative.
F.5. PUBLIC HEARING TO CONFIRM DIAGRAMS AND ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 2014 -02 FOR FISCAL YEAR 2022/23 (RESO. NO. CSD 2022 -45) (Report of: Financial & Management Services)
Recommendations: That the CSD:
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1. Conduct the Public Hearing on the proposed levy of real property assessments for Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.
2. Adopt Resolution No. CSD 2021-45, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Ordering that Costs for Certain Improvements Shall Be Raised Through Installments Over a Period of Years and Confirming Diagrams and Assessment s for Fiscal Year 2022/23 in Connection with Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.
3. Authorize the Chief Financial Officer to adjust the proposed assessments in the event there are any parcel changes , clerical errors , or other adjustments as may be necessary between the date the assessments were calculated and the date the fixed charges are submitted to the County of
Riverside, provided the applied assessment s do not exceed the maximum assessments and are in compliance with the formation documents for the district.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: David Marquez, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Assistant C ity Manager/Chief Financial Officer/City Treasurer Mohan provided the report.
F.6. PUBLIC HEARING FOR TWO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MAIL BALLOT PROCEEDINGS (Report of:
Financial & Management Services)
Recommendations: That the City Council:
1. Conduct the Public Hearing and accept public testimony for the mail ballot proceeding for the National Pollutant Discharge Elimination System (NPDES) Residential Regulatory Rate to be applied to the property tax bill of the parcel identified herei n (Beazer Home Holdings , located south of Iris Ave., east of Perris Blvd.).
2. Conduct the Public Hearing and accept public testimony for the mail ballot proceeding for the National Pollutant Discharge Elimination System (NPDES) Common Interest, Commercial, Industrial, and Quasi -Public Use Rate to be applied to the property tax bill of the parcel identified herein ( Harold Beral A.3
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and Fritz Duda Company, located at 22680 Centerpoint Dr.).
3. Direct the Deputy City Clerk to open and count the returned NPDES ballots;
4. Verify and accept the results of the mail ballot proceeding s as maintained by the Deputy City Clerk on the Official Tally Sheets and if approved, set the rate and impose the applicable NPDES Regulatory Rate on the Assessor’s Parcel Numbers as mentioned;
5. Receive and file the Official Tally Sheet s with the City Clerk’s office.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ulises Cabrera, Council Member
SECONDER: David Marquez, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Assistant Ci ty Manager/Chief Financial Officer/City Treasurer Mohan provided the report.
Motion made to Verify and accept the results of the mail ballot proceedings RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera F.7. PUBLIC HEARING FOR DELINQUENT SOLID WASTE ACCOUNTS FOR FY22/23 (Report of: Financial & Management Services)
Recommendations: That the City Council:
1. Conduct the Public Hearin g and accept public testimony regarding Calendar Year (CY) 2021 unpaid solid waste accounts to be applied to the Fiscal Year (FY) 2022/23 County of Riverside property tax roll for collection; and
2. Approve the Solid Waste Delinquency Report from the fra nchisee waste hauler. listing the CY 2021 delinquent solid waste accounts for placement on the FY 2022/23 County of Riverside property tax roll for collection; and
3. Direct the City Clerk to file the Revised and Final Solid Waste Delinquency Report with the County of Riverside Auditor-Controller.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Assistant City Manager/Chief Financial Officer/City Treasurer Mohan provided the report.
F.8. PUBLIC HEARING ESTABLISHING APPROPRIATIONS ("GANN") LIMIT FOR FISCAL YEAR 2022/23 (RESO. NOS. 2022 -49 AND CSD 2022 -46 (Report of: Financial & Management Services)
Recommendations: That the City Council and CSD:
1. Conduct a Public Hearing to receive public comments on the City of Moreno Valley General Fund appropriations limit for Fiscal Year 2022/23.
2. Adopt Resolution No. 2022-49, a resolution of the City Council of the City of Moreno Valley, Californi a, establishing the appropriations limit for Fiscal Year 2022/23.
3. Conduct a Public Hearing to receive public comments on the Moreno Valley Community Services District’s appropriations limit for Fiscal Year 2022/23.
4. Adopt Resolution No. CSD 2022 -46, a res olution of the Moreno Valley Community Services District establishing the appropriations limit for Fiscal Year 2022/23.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: David Marquez, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Assistant City Manager/Chief Financial Officer/City Treasurer Mohan provided the report.
F.9. JOINT PUBLIC HEARING RE PROPOSED COMMITMENT TO SELL, AND SALE OF, CERTAIN REAL PROPERTY APN 482 -161-026 BY THE
MORENO VALLEY HOUSING AUTHORITY; PRELIMINARY AWARD
LETTER BY MORENO VALLEY HOUSING AUTHORITY ISSUED TO
COURTYARDS AT COTTONWOOD II, LP, A CALIFORNIA LIMITED
PARTNERSHIP, TO PROVIDE SITE CONTROL AND PART OF AN
ENFORCEABLE FINANCIAL COMMITMENT RELATING TO PROPOSED
DEVELOPMENT OF PHASE II OF THE COURTYARDS AT
COTTONWOOD, A 32 -UNIT MULTIFAMILY AFFORDABLE HOUSING
PROJECT (Report of: Financial & Management Services)
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Recommendations:
1. Conduct Joint Public Hearing of City Council and Housing Authority re Proposed Commitment to Sell Real Property APN 482-161-026.
2. Adopt City Council Resolution No. 2022-50 Approving Commitment to Sell and the Sale of Certain Real Property.
3. Adopt Housing Authority Resolution No. HA 2022-06 Approving a Preliminary Award Letter issued by the Moreno Valley
Hou sing Authority to Courtyards At Cottonwood II, LP for Development of Phase II of The Courtyards at
Cottonwood Affordable Housing Project that Includes
Authority for Executive Director in Consultation with City Attorney to Execute and Implement the Prelimin ary Award Letter.
RESULT: APPROVED [UNANIMOUS]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: Ulises Cabrera, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Assistant City Manager/Chief Financial Officer/City Treasurer Brian Mohan provided the report.
Council Member Marquez asked the developer Jim Jernigan to speak on behalf of the project.
Developer Jim Jernigan addressed Council with a brief summary of the status of the project.
Roy Bleckert expressed being in favor of the project and use of land.
F.10. PUBLIC HEARING REGARDING THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) REGULATORY RATE
SCHEDULE FOR NEW AND EXISTING RESIDENTIAL, COMMON
INTEREST, COMMERCIAL, INDUSTRIAL, AND QUASI -PUBLIC USE DEVELOPMENT PROPOSED FISCAL YEAR (FY) 2022/2023 ANNUAL
RATES (Report of: Public Works)
Recommendations:
1. Conduct a Public Hearing to review and confirm annual regulatory rate schedule for the National Pollutant Discharge Elimination System Program for New Residenti al, Common Interest, Commercial, Industrial and Quasi-Public Land Uses.
2. Adopt Resolution No. 2022-50, a Resolution of the City Council of the City of Moreno Valley, California, Authorizing and Approving the Levy A.3
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of the National Pollutant Discharge Elimina tion System (NPDES) Regulatory Rate for New and Existing Residential, Common Interest, Commercial, Industrial, and Quasi -Public Use Development of the County of Riverside Property Tax Roll.
3. Authorize the Chief Financial Officer to adjust the rates levied on the property tax bills in the event there are any parcel changes between the City Council meeting date and the date the fixed charges are submitted to the County of Riverside or other adjustments, provided the applied rate does not exceed the maximum ra te, is in compliance with the ballot for each parcel, and is consistent with the adopted budget.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: Ulises Cabrera, Council Member
AYES: Delgado, Baca-Santa Cruz, Gutierrez, Marquez, Cabrera Public Works Director/City Engineer Lloyd provided the report.
G. GENERAL BUSINESS
H. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR
SEPARATE ACTION
I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action)
March Joint Powers Commission (JPC)
Mayor Pro Tem Delgado reported the following:
Items covered at the May 25th meeting; the Commission approved the extensions of the JPA’s Municipal Services Agreement with the County.
We also received two reports:
• Commander Mark Jansky reported the activities of the 144th Fighter Wing detachment, which is based at March Air Reserve Base.
• The second report was from WRCOG’s Deputy Executive Director Chris A.3
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Gray regarding the TUMF fee program.
Items covered at the June 8th meeting, the Commission approved an extension and amendment of the law enforcement agreement with the County of Riverside Sheriff’s Department.
They also reported updates regarding the 452nd Mission Support Group at March Air Reserve Bas e, as well as the Meridian Business Park South Campus Development Program.
Riverside County Habitat Conservation Agency (RCHCA)
Council Member Cabrera reported the following:
On May 19, the RCHCA Board of Directors reported that the City of Moreno Valley has collected a total of $68,599 in Stephens’ Kangaroo Rat (SKR) Mitigation fees as of March 31, 2022.
Riverside County Transportation Commission (RCTC)
Mayor Gutierrez reported the following:
At the June 8th Riverside County Transportation Commission meeting, the Commission authorized the following:
• Approval of the Fiscal Year 22/23 Budget
• Approved Fiscal Years 22/23 through 26/27 Measure A Five -Year Capital Improvement Plans for Local Streets and Roads which included the Moreno Valley plan adopted by Council
· Approved on -call agreements for geo -technical investigation and on -call agreements for right of way support services,
• Approved the Fiscal Years 22/23 through 24/25 Draft Short Range Transit Plans that included the Riverside Transit Agency plan as well as approved the Rail and Vanpool Programs that included Measure A appropriations • Approved an Agreement for Freeway Service Patrol Tow Truck Service and the Funding Agreement with the California Highway Patrol to supervise and operate the Freeway Service Patrol Program · Approved the Metrolink Operating and Capital Subsidies for Fiscal Year 22/23.
Riverside Transit Agency (RTA)
Council Member Marquez reported the following:
At the June 23 rd meeting, the Board received updates that riders hip in May 2022 has increased 77% compared to May 2021. The Board also received an update that on-time performance was 88% in May 2022.
· The Board also approved the following items:
• Renewal of the Revenue Agreement with UCR for Route 51 to provide local service at UCR,
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• Revenue agreements for the University Pass programs at UCR, Cal Baptist, and La Sierra to provide students unlimited passes to ride the buses,
• The RTA’s 2022 Transit Asset Management Plan Update,
• An Agreement to replace the RTA ’s Emergency Back -up Generators, and
• The RTA’s Updated Public Transportation Agency Safety Plan.
Western Riverside Council of Governments (WRCOG)
Mayor Pro Tem Delgado reported the following:
On June 6th, 2022, the Western Riverside Council of Governmen ts Executive Committee recommended approval of the draft Fiscal 2022/2023 Agency Budget, which will be presented to the General Assembly for adoption on June 23.
Western Riverside County Regional Conservation Authority (RCA) Council Member Marquez reported the following:
At the June 6, 2022, the Regional Conservation Authority (RCA) reported on the March 2022 MSHCP fee collections. The report stated that both Moreno Valley’s January and February MSCHP fee collections are pending. • Per RCTC’s Account Off ice, Moreno Valley’s January remittance of $90,125 was received in April 2022. There was no activity for February 2022.
• Fees received in April 2022 will be listed in the May MSHCP fee report.
School District/City Joint Task Force
None
I.2. EMPLOYEE ASSOCIATION REPORTS
Report by MVMA Employee Assiciation Board President Dale Mendenhall.
I.3. CITY MANAGER'S REPORT
(Informational Oral Presentation - not for Council action)
City Manager Lee reminded residents about various Animal Services Programs, such as the trap neuter & release program established in October of 2015, low cost spay neuter clinic, voucher program, and 491 partner organization. City Manager Lee encouraged adopting from the Moreno Valley Animal Shelters.
City Manager Lee wished everyone a Happy 4th of July, and reminded the A.3
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residents of the hefty fines for illegal fireworks.
CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY
SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY
REDEVELOPMENT AGENCY, HOUSING AUTHO RITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.
Council Member Marquez
1. Commended City staff for the decrease of illegal fireworks in the City.
2. Encourage residents to attend the 4th of July celebration.
3. Reminded residents that the City cannot conduct business on the On - or Off-ramps of the freeways.
4. Reported the City is working with Cal -Trans, California Highway Patrol, and the Police Department to address the homeless encampments in the City, including the Sizzlers Restaurant, who stated they may have to move if the issue is not addressed.
5. Thanked Captain Miller for ticketing individuals using the freeway carpool lanes illegally.
6. Promised the roads of the City will be repaved in the near future with 3 new contractors completing the work.
Council Member Cabrera
1. Wished everyone a Happy Late Fathers’ Day.
2. Acknowledged that June is Pride Month.
3. Proposed a Mayoral Proclamation recognizing Pride Month.
4. Thanked Meritage Homes for dedicating a park bench to the late Officer Molle.
5. Thanked LULAC for attending tonight’s Council Meeting.
6. Thanked the Hispanic Chamber of Commerce for hosting their annual Scholarship Awards Ceremony.
7. Highlighted a young student from El Salvador who is planning to atte nd UC San Diego.
8. Attended the celebration for the Cheech Marin Center for Chicano Art & Culture opening in Riverside.
9. Thanked City Staff for the Juneteenth Event.
10. Wished everyone a Happy 4th of July.
Council Member Baca-Santa Cruz
1. Expressed excitement of approving new commission board members.
2. Congratulated Staff on the appointment of a new City Clerk.
3. Thanked Assistant City Manager Brian Mohan for his assistance during his time as Interim City Clerk.
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4. Thanked Steve Quintanilla f or their report regarding Mayor and Council tasks and duties.
5. Echoed the requests to investigate the events of October 2021.
6. Warned against censoring residents who share their public comments.
7. Shared that the City just passed an Ordinance that allows the City to fine illegal cannabis dispensaries.
8. Thanked Public Works for their graffiti clean up.
9. Pleased by the development of affordable housing.
10. Warned against using illegal fireworks in the City as there is a large fine involved.
11. Thanked the Moreno Valley Management Association for sharing their thoughts at the Council Meeting.
12. Wished a Happy Pride Month to all who celebrate.
Mayor Pro Tem Delgado
1. Reminded everyone that there is a process to repave the roads.
2. Stated that he has been in contact with Cal-Trans to keep the On- and Off- Ramps clean.
3. Attended the Sunburst Academy event in Irvine last week, hopes to get a Sunburst Academy in Moreno Valley to support the students.
4. Working with the City, the School Board, and the Southwest Carpenters to initiate a Construction CTE Program extending to all the high schools to extend vocational education to the youth to expand their options.
5. Reminded everyone to be kind to one another.
Mayor Gutierrez
1. Visited Washington D.C. for a business trip, at which he and Mayor Pro Tem were able to advocate for the Sunburst Academy to come to Moreno Valley.
2. Also advocated for more funding for the Cactus Channel, as well as an additional runway for March Air reserve Base.
3. Thanked all the fathers who celebrated Fathers’ Day.
4. Expressed excitement that Council was able to attend the Juneteenth event.
5. Wished a Happy Pride Month to all.
6. Stated that the City plans to share a Proclamation celebrating Pride Month with a Riverside organization on Saturday June 25 th, will make sure to bring a copy to the next Council Meeting as well.
7. Noted that the City has a Fireworks Team that takes the hotline calls to stop the use of illegal fireworks.
8. Encouraged residents to attend the MoVal Movies events.
9. Thanked the voters who voted on June 7th.
10. Encouraged everyone to vote in the November election.
ADJOURNMENT
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Closed the meeting in memory of victims of the Uvalde School Shooting.
PUBLIC INSPECTION
The content s of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Freder ick Street during normal business hours.
There being no further business to come before the City Council , Mayor Gutierrez adjourned the meeting at 6:00 PM.
Submitted by:
___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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MINUTES
CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT
CITY AS SUCCESSOR AGENCY FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MORENO VALLEY
MORENO VALLEY PUBLIC FINANCING AUTHORITY
MORENO VALLEY HOUSING AUTHORITY
CLOSED SESSION – 4:30 PM
July 5, 2022
CALL TO ORDER
ROLL CALL
Council: Ed Delgado
Elena Baca-Santa Cruz
Dr. Yxstian A. Gutierrez
Ulises Cabrera
Mayor Pro Tem
Council Member
Mayor
Council Member
PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY
There is a three -minute time limit per person. Please complete and submit a BLUE speaker slip to the City Clerk. All remarks and questions shall be addressed to the presiding officer or to the City Council.
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CLOSED SESSION
A Closed Session of the City Cou ncil, Community Services District, City as Successor Agency for the Community Redevelopment Agency and Housing Authority will be convened in the Council Chamber for purposes of hearing public comment and then held in the City Manager’s Conference Room, Second Floor, City Hall. The City Council will meet in Closed Session to confer with its legal counsel regarding the following matter:
The Closed Session will be held pursuant to Government Code:
1 CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF
LITIGATION
Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case) 2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Parcels: Property: Assessor’s Parcel No's. 308-030-018 and 308- 030-019
City’s Negotiators: Mike Lee, City Manager & Aldo E. Schindler, Assistant City Manager (Development)
Negotiating Parties: Riverside Community College District
Under Negotiation: Price and Terms of Payment
3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54966.9(d).
Case: Sierra Club v. The City of Moreno Valley
Court: Riverside Superior Court
Case No. CVRI2103300
REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY
ADJOURNMENT
There bein g no further business to come before the City Council , Mayor Gutierrez adjourned the meeting at 5:30 PM.
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Submitted by:
___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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MINUTES
CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY July 5, 2022
-1-
CALL TO ORDER - 5:30 PM
SPECIAL PRESENTATIONS
1. Proclamation Recognizing July 2022 as Parks and Recreation Month
2. Proclamation Recognizing June 2022 as LGBTQ+ Pride Month A.5
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MINUTES
JOINT MEETING OF THE
CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT
CITY AS SUCCESSOR AGENCY FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MORENO VALLEY
MORENO VALLEY HOUSING AUTHORITY
MORENO VALLEY PUBLIC FINANCING AUTHORITY
BOARD OF LIBRARY TRUSTEES
REGULAR MEETING – 6:00 PM
July 5, 2022
CALL TO ORDER
The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Auth ority and the Board of Library Trustees was called to order at 6:00 p.m. by Mayor Gutierrez in the Council Chamber located at 14177 Frederick Street.
Mayor Gutierrez announced that the City Council receives a separate stipend for CSD meetings.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Pro Tem Edward A. Delgado.
ROLL CALL
Council: Dr. Yxstian A. Gutierrez Mayor
Edward A. Delgado Mayor Pro Tem
Elena Baca-Santa Cruz Council Member
Ulises Cabrera Council Member
Absent: David Marquez Council Member
Roll Call
INTRODUCTIONS
Staff: Paul Bradvica Deputy City Clerk
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Steven Quintanilla Interim City Attorney
Mike Lee City Manager
Brian Mohan Acting City Clerk, Assistant City Manager,
Chief Financial Officer, City Treasurer
Aldo Schindler Assistant City Manager
Manuel Mancha Community Development Director
Michael Lloyd Public Works Director/City Engineer
Jeremy Bubnick Parks & Community Services Director
John Salisbury Chief of Police
Jesse Park Fire Chief
Mayor Gutierrez congratulated the Parks Department for a job well done at the 4th of July Events.
Interim City Attorney, Steve Quintanilla read the Brown Act, Section 54954.3, going over public comments.
PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER
THE JURISDICTION OF THE CITY COUNCIL
Russel Shafer
1. Critical of Council Member Cabrera and Council Member Marquez for the actions taken on the October 19, 2021 Council Meeting.
2. Critical of Council Member Cabrera.
3. Expressed support for Mayoral Candidate, Jaime Hurtado.
Jaime Hurtado
1. Announced his candidacy as Mayor for the City of Moreno Valley.
2. Commended city staff for their Juneteenth and 4th of July celebrations.
3. Emphasized Moreno Valley’s resilience after the COVID-19 pandemic.
4. Asserted his stance on building upon the 5 member council.
5. Announced his vision of jobs, public safety, homelessness, veterans and community unification as being his highest priorities.
Seth Cox
1. Claimed to be a 30 year resident of East end of Moreno Valley
2. Illegal commercial truck parking:
a. Issue at 27390 Alessandro Blvd, first reported in March, 27, 2022 to Code; since response from Code (March 30, 2022) the illegal parking has worsened. In March 2022, (2 -3) trucks would be parked at the residence, on the evening of July 5, 2022, (11) trucks were parked in A.5
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the back yard of this residence.
3. East on Eucalyptus, by the new Sketchers circle observed many trailers, RV’s, and people living on the dirt across from Sketchers. Parked semi - trucks, with trailers and without are also being parked in the same area.
4. North end of Spruce avenue, at least 100 parked semi trucks. a. Claims many inoperable vehicles are throughout the East end of town 5-15 unregistered cars parked in residential yards.
b. Claims to have sent several complaints, and emails to the City Attorney and City Clerk's office in the past month.
Fred Banuelos
1. Expressed frustration with the federal and state laws on gun control.
2. Considering the 4th of July , Chicago incident, urged Council to impose additional police resources at every school.
3. Made mention that Planning, Council, and School District meetings all have a police presence, and therefore the school should as well.
Daryl Terrel
1. Opposed to residents use of fireworks.
2. Encouraged Council to support police and provide the necessary funding.
3. Encouraged the City to build a partnership with the DA, US Attorney's Office, and prosecute on the federal level.
Bob Palomarez
1. Suggested the fireworks fine money be allocated to the Police and Fire Explorer Programs.
2. Praised and thanked Mayor Pro Tem Delgado for addressing the issue of illegal dumping by having the area cleaned and gated.
3. Encouraged a city trade school program.
Martin Cabrera
1. Expressed gratitude towards the Fourth of July event.
2. Emphasized the importance of encouraging education throughout the City.
3. Expressed his support for Council Member Cabrera.
Tom Jerele
1. Critical of political candidates that place their campaign signs purposely in front of other candidates’ signs.
2. Thanked first responders for their continued work, especially Public Works Staff.
3. Advised Council to fill the empty seats of the Planning Commission.
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4. Supported Mayor Gutierrez’s campaign for Riverside County Supervisor.
Linda Thomas
1. Thanked Mayor Gutierrez, Council Member Baca-Santa Cruz, Mayor Pro Tem Delgado, and the community for their hard work at the Fourth of July Celebration.
2. Requested the resignation of Council Member Marquez.
3. Recited the police report from a car accident.
4. Critical of Council Member Marquez.
5. Critical of Council Member Cabrera.
Elmer Thomas
1. Thanked Mayor Gutierrez, Council Member Baca-Santa Cruz, Mayor Pro Tem Delgado, and the community for their hard work at the Fourth of July Celebration.
2. Stated that Council Member Marquez’s grandchild rear ended his van, causing over $17,000 in damage, and depriving him the freedom to transport his children.
3. Stated that the police report they received was incomplete due to lack of cooperation from Council Member Marquez and family.
4. Critical of Council Member Marquez.
5. Stated Council Member Marquez “liked” the negative comments toward Council Member Baca-Santa Cruz on social media.
6. Called for the resignation of Council Member Marquez.
Roy Bleckert
1. Asked if there has ever been one-person in one-year that has ever gotten voted off two boards, or Councils, and did not receive one vote of support in the history of Moreno Valley.
2. Critical of no explanation of investigation of the events of Fall 2021.
3. States that the Mayor has willfully taken the residents’ right to debate the events of Fall 2021.
Louise Palomarez
1. Stated that Council Member Cabrera and Council Member Marquez are harassing staff members about handing out information sheets in the Chamber.
2. Requested the City and the City Clerk to make this information as part of the meeting record.
3. Read a flyer that reads: Illegal Coup: Overturned by the Riverside County District Attorney. Council Member Cabrera and Council Member Marquez are guilty of illegally appointing LaDonna Jempson. They put the City at risk and ignored the City Attorney. They conspired to violate the Brown Act. Council A.5
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Member Marquez openly proclaimed, “Who cares about the Brown Act.”
4. Thanked the advocates of Moreno Valley, the political watchdog group, California Awareness, for stepping up against the legal appointment, and to the Riverside County District Attorney for getting involved and making it right.
5. Praised the Fourth of July Fun Fest.
JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ulises Cabrera, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Ed Delgado, Elena Baca-Santa Cruz, Dr. Yxstian A. Gutierrez, Ulises Cabrera
ABSENT: David Marquez
A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
A.2. City Council - Regular Meeting - May 3, 2022 6:00 PM Recommendation: Approve as submitted.
A.3. City Council - Closed Session - May 17, 2022 3:00 PM Recommendation: Approve as submitted.
A.4. City Council - Regular Meeting - May 17, 2022 6:00 PM Recommendation: Approve as submitted.
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A.5. APPOINT A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES (LOCC) 2022 AN NUAL CONFERENCE - Annual Business Meeting (Report of: City Clerk)
Recommendations:
1. ADOPT RESOLUTION NO. 20 22-52– A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA,
APPOINTING DELEGATES AND AN ALTERNATE TO THE LEAGUE
OF CALIFORNI A CITIES AS OFFICIAL REPRESENTATIVES OF
THE CITY OF MORENO VALLEY; and
2. DIRECT STAFF TO SUBMIT TO THE LEAGUE A CERTIFIED COPY
OF THE RESOLUTION APPOINTING MAYOR PRO TEM EDWARD
A. DELGADO AS THE DELEGATE AND MAYOR DR. YXSTIAN A.
GUTIERREZ AS THE ALTERNATE BY AUGUST 31, 2022.
Acting City Clerk Brian Mohan clarified the $500 differential was in result of the District 1 term start period.
A.6. GENERAL MUNICIPAL ELECTION – NOVEMBER 8, 2022 RESOLUTIONS
CALLING AND GIVING NOTICE AND REQUESTING CONSOLIDATION
WITH STATEWIDE GENERAL ELECTION (Report of: City Clerk) Recommendations: That the City Council:
1. Adopt Resolution No. 2022-53 - A Resolution calling an election titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, CALLING AND GIVING NOTICE
OF A GENERAL MUNICIPAL ELECTION ON TUESDAY,
NOVEMBER 8, 20 22, FOR CERTAIN OFFICERS, AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. Adopt Resolution No. 20 22-54 - A Resolution requesting election consolidation titled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MORENO VALLEY, CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE, PURSUANT
TO §10403 OF THE CALIFORNIA ELECTIONS CODE”.
3. Adopt Resolution No. 2022-55 - A Resolution establishing regulations and cost for Candidate Statements titled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA,
PROVIDING FOR REGULATIONS PERTAINING TO MATERIALS
FOR CANDIDATES AND COSTS PERTAINING TO CANDIDATE
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STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
8, 2022.”
A.7. COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2021/2022 FROM JULY 1, 2021 THROUGH MAY 31, 2022 (Report of:
City Clerk)
Recommendation:
1. Receive and file the Fiscal Year 2021/2022 Council Discretionary Expenditure Report for July 1, 2021 through May 31, 2022.
Council Member Baca -Santa Cruz asked for clarification on item A.7; District 1 discretionary.
Roy Bleckert urged Council to recoup the $1,000 discretionary contribution made by former District 1 Council Member Jempson.
Louise Palom arez urged Council to recoup the $1,000 discretionary contribution made by former District 1 Council Member Jempson.
Bob Palomarez announced his opposition to the illegal appointment of LaDonna Jempson.
A.8. LIST OF PERSONNEL CHANGES (Report of: Financial & Management Services)
Recommendation:
1. Ratify the list of personnel changes as described.
A.9. RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF MORENO VALLEY APPROVING THE
AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
PERIOD OF JANUARY 1, 2023 THROUGH JUNE 30, 2023 (ROPS 22 -23B) (Report of: Financial & Management Services)
Recommendations: That the City Council as Successor Agency:
1. Adopt Resolution No. SA 202 2-04. A Resolution of the City Council of the City of Moreno Valley, California, Serving as Successor Agency to the Community Redevelopment Agency of the City of Moreno Valley Approving the Amended Recognized Obligation Payment Schedule for the Period of January 1 , 202 3 through June 30, 202 3 (ROPS 2 2-23B), and Authorizing the City Manager acting for the Successor Agency or his/her Designee to Make Modifications A.5
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Thereto.
2. Authorize the transmittal of the ROPS 2 2-23B, for the period of January 1, 202 3 through June 30 , 202 3, (“Exhibit A”) to the Countywide Oversight Board for County of Riverside for review and approval.
A.10. SECOND READING AND CONSIDERATION OF ADOPTION OF
ORDINANCE 988, AMENDING CHAPTER 2.04 COUNCIL OF THE
MORENO VALLEY MUNICIPAL CODE TO ADD SECTION 2.04.007
MAYOR’S ROLE, DUTIES AND RESPONSIBILITIES AND SECTION
2.04.009 PUBLIC INQUIRIES (ORD. NO. 988) (Report of: City Attorney) Recommendations: That the City Council:
1. Adopt Ordinance 988, establishing the Mayor’s role, duties and responsibilities.
A.11. AGREEMENT FOR RENTAL OF DECORATED HOLIDAY TREE AND LIGHTING AT CITY HALL (Report of: Parks & Community Services) Recommendation:
1. Award a professional services agreement to Brightlife Designs, LLC, and authorize the City Manager to execute a contr act with Brightlife Designs, LLC, in the amount of $29,897 per year;
2. Authorize the City Manager, or designee, to execute all necessary documents to implement the Agreement and related subsequent amendments, provided the costs of any such amendments ar e within the Council approved budget and approved as to form by the City Attorney;
3. Authorize the Parks & Community Services Director to execute any subsequent change orders to Brightlife Design, LLC, agreement, but not exceeding the total contingency, subject to the approval of the City Attorney.
A.12. SECOND READING AND ADOPTION OF ORDINANCE NO. 989, AMENDING VARIOUS SECTIONS OF TITLE 1 GENERAL PROVISIONS, INCLUDING CHAPTER 1.10 CIVIL CITATIONS AND ORDINANCE NO. 990 TITLE 9 PLANNING AND ZONING, INCLU DING CHAPTER 9.02 PERMITS AND APPROVALS, CHAPTER 9.09 SPECIFIC USE DEVELOPMENT
STANDARDS, CHAPTER 9.13 SPECIFIC PLANS, CHAPTER 9.14 LAND DIVISIONS, AND CHAPTER 9.16 DESIGN GUIDELINES (Report of:
Community Development)
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Recommendation:
Staff recommends that the City Council conduct the second reading by title only and adopt Ordinance Nos. 989 and 990.
A.13. AUTHORIZATION TO AWARD CONTRACT FOR BIOHAZARD
CONTAMINATE CLEANUP, DECONTAMINATION AND REMOVAL
SERVICES (Report of: Police Department)
Recommendations:
That the City Council:
1. Authorize the a ward of a professional services agreement to Crime Scene Steri Clean, LLC to provide bio hazard contaminate cleanup, decontamination, and removal services for a not to exceed amount of $125,000 from July 1, 2022 through June 30, 2027.
2. Authorize the City Manager to execute the Agreement, subject to approval as to form by the City Attorney.
A.14. APPROVAL OF FIRST AMENDMENTS TO INTERCONNECTION
FACILITIES AGREEMENTS AND DISTRIBUTION SERVICE AGREEMENTS
BETWEEN THE CIT Y OF MORENO VALLEY AND SOUTHERN
CALIFORNIA EDISON (Report of: Public Works)
Recommendations:
1. Approve the First Amendment to the Wholesale Distribution Load Interconnection Facilities Agreement and the Service Agreement for Wholesale Distribution Service b etween the City of Moreno Valley and Southern California Edison for the Kitching 115kV interconnect, and the San Michele interconnect; and
2. Authorize the City Manager to execute the First Amendment, and all related subsequent amendments, provided the costs of any such amendments are within the Council approved budget and approved as to form by the City Attorney.
A.15. RESOLUTION DECLARING PURSUANT TO GOVERNMENT CODE § 54221 THAT THE REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NUMBERS 308-030-018 AND 308-030-019 ARE DESIGNATED AS EXEMPT
SURPLUS LAND AND FINDING THAT SUCH DECLARATION IS EXEMPT
FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (Report of: City Manager)
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Recommendation:
1. Approve a Resolution declaring pursuant to Californ ia Government Code Section 54221 that the Subject Property identified as APNs 308-030-018 and 308 -030-019 are designated as “exempt surplus land” and finding that such declaration is exempt from environmental review under the California Environmental Quality Act.
A.16. PEN19-0168 (TR 32408) - APPROVE TRACT MAP 32408 LOCATED AT
THE NORTHWEST CORNER OF BAY AVENUE AND MORENO BEACH
DRIVE. DEVELOPER: KB HOME COASTAL INC., A CALIFORNIA
CORPORATION (Report of: Public Works)
Recommendations:
1. Approve Tract Map 32408.
2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.
A.17. PEN19-0244 (TR 33436) - APPROVE TRACT MAP 33436 LOCATED AT
THE NORTHWEST CORNER OF IRONWOOD AVENUE AND LASSELLE
STREET. DEVELOP ER: KB HOME COASTAL INC., A CALIFORNIA CORPORATION (Report of: Public Works)
Recommendations:
1. Approve Tract Map 33436.
2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.
B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
B.2. MINUTES - REGULAR MEETING OF MAY 3, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.
B.3. MINUTES - REGULAR MEETING OF MAY 17, 2022 3:00 PM (See A.3) A.5
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Recommendation: Approve as submitted.
B.4. MINUTES - REGULAR MEETING OF MAY 17, 2022 6:00 PM (See A.4) Recommendation: Approve as submitted.
B.5. APPROVE A FIVE (5) YEAR AGREEMENT WITH THINK TOGETHER INC., TO OPERATE 21ST CENTURY COMMUNITY LEARNING CENTERS
GRANT SUMMER PROGRAM FY 22/23 THRU FY 26/27 (Report of: Parks & Community Services)
Recommendations: That the CSD:
1. Approve a five (5) year agreement with Think Together, Inc., for the operation of the 21 st Century Community Learning Centers (21 st CCLC) Supplemental Grant Summer Program at Edgemont Elementary School beginning with July 1, 2022, through June 30, 2027.
2. Authorize the Executive Director to execute the five (5) year Agreement with Think Together, Inc., for the operation of 21 st CCLC Supplemental Grant Summer Program at Edgemont Elementary School, and issue required Purchase Order(s), Change Purcha se Order(s) once the Agreement has been fully executed.
3. Authorize the Executive Director to execute any subsequent related Extensions or Amendments to the Agreement, subject to the approval of the City Attorney.
Council Member Cabrera asked the reasonin g behind item B.5 THINK Together Agreement.
Parks & Community Services Director, Jeremy Bubnick clarified the 5 year contract term is up for renewal. Said renewals are done every five years.
C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
C.2. MINUTES - REGULAR MEETING OF MAY 3, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.
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C.3. MINUTES - REGULAR MEETING OF MAY 17, 2022 3:00 PM (See A.3) Recommendation: Approve as submitted.
C.4. MINUTES - REGULAR MEETING OF MAY 17, 2022 6:00 PM (See A.4) Recommendation: Approve as submitted.
D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
D.2. MINUTES - REGULAR MEETING OF MAY 3, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.
D.3. MINUTES - REGULAR MEETING OF MAY 17, 2022 3:00 PM (See A.3) Recommendation: Approve as submitted.
D.4. MINUTES - REGULAR MEETING OF MAY 17, 2022 6:00 PM (See A.4) Recommendation: Approve as submitted.
E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN
ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
Recommendation: Waive reading of all Ordinances.
E.2. MINUTES - REGULAR MEETING OF MAY 3, 2022 6:00 PM (See A.2) Recommendation: Approve as submitted.
E.3. MINUTES - REGULAR MEETING OF MAY 17, 2022 3:00 PM (See A.3) Recommendation: Approve as submitted.
E.4. MINUTES - REGULAR MEETING OF MAY 17, 2022 6:00 PM (See A.4) A.5
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Recommendation: Approve as submitted.
F. PUBLIC HEARINGS
Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.
Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.
G. GENERAL BUSINESS
H. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR
SEPARATE ACTION
I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action)
March Joint Powers Commission (JPC)
Mayor Pro Tem Delgado reported the following:
At the June 22nd meeting, the Commission heard a report about the California Army National Guard Youth Cha lleNGe program and the proposed academy for at-risk youth at March Air Reserve Base. • They also heard an update on the March LifeCare development, which included a conceptual presentation on their plans for an integrated healthcare campus.
• Finally, th e Commission received a report about legislative advocacy meetings held in Washington D.C.
Riverside County Habitat Conservation Agency (RCHCA)
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None.
Riverside County Transportation Commission (RCTC)
Mayor Gutierrez reported the following:
At the June 27 th Riverside County Transportation Commission meeting, the Commission recommended approval of on -call right of way engineering and survey contracts, on-call environmental site assessment contracts, and freeway service patrol tow operator fuel relief reimbursement. These items will go to the full RCTC for final action.
The Committee also received an update on the Mid -County Parkway. The County identified an 8.5 -mile segment with the highest rate of accidents. This segment of Ramona Expressway between Pi co Avenue and Warren Road is recommended to receive safety improvements. This item will also go to the full RCTC for action.
Riverside Transit Agency (RTA)
None.
Western Riverside Council of Governments (WRCOG)
None.
Western Riverside County Regional Conservation Authority (RCA) None.
School District/City Joint Task Force
None.
I.2. EMPLOYEE ASSOCIATION REPORTS
None.
I.3. CITY MANAGER'S REPORT
(Informational Oral Presentation - not for Council action)
City Manager Lee:
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1. Reminded residents about illegal firework enforcement, citing 5601.1.3. Noted that two years ago the city implemented the $1,000 fee.
2. Clarified Moreno Valley Unified School District (MVUSD) is separate jurisdiction, therefor Council may not take action on the schools.
3. Reminded the residents about the upcoming summer recess.
CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY
SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY
REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.
Council Member Cabrera
1. Announced Council was going on summer recess.
2. Recounted a successful District 4 Townhall at Legacy Park.
3. Commended staff for another successful 4th of July event.
4. Commented on commercial truck parking enforcement and designated parking.
5. Encouraged residents to attend the Sprouts grand opening.
6. Shared the Illinois mass shooting which occurred on July 4, 2022.
Council Member Baca-Santa Cruz
1. Encouraged residents to attend the Sprouts grand opening on Hemlock Ave.
2. Recounted her facility tour of the Public Safety Building, a Fire Station, the City Yard, and the Animal Shelter.
3. Commended staff for another successful 4th of July event.
Mayor Pro Tem Delgado
1. Announced Council was going on summer recess.
2. Announced staff are very appreciated.
3. Recounted the illegal dumping on Reche Canyon clean-up; crediting Public Works staff.
4. Wished everyone a great summer.
Mayor Gutierrez
1. Announced Council was going on summer recess, however, are still available via email and phone.
2. Encouraged residents to attend the Sprouts grand opening and shop at Sprouts.
3. Congratulated Mayor Pro Tem Delgado for being official appointed as the delegate for the League of California Cities.
4. Commented on revisiting the commercial truck parking designation parking A.5
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map.
5. Commended Parks and Recreation, Animal Services, Fire Prevention, Code Compliance on a successful 4th of July event; affirming that everyone plays an important role.
6. Announced August 18th would be his last Moreno Valley State of the City, a bittersweet celebration.
ADJOURNMENT
Adjourned the meeting in Memory of the Victims of the 4th of July Illinois shooting.
PUBLIC INSPECTION
The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street durin g normal business hours.
There being no further business to come before the City Council , Mayor Gutierrez adjourned the meeting at 7:14 PM.
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Submitted by:
___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Report to City Council
ID#5911 Page 1
TO: Mayor and City Council
FROM: Jane Halstead, CMC, City Clerk
AGENDA DATE: September 6, 2022
TITLE: COUNCIL DISCRETIONARY EXPENDITURE REPORTS
FOR FISCAL YEAR 2021/2022 FROM JULY 1, 2021
THROUGH JUNE 30, 2022
RECOMMENDED ACTION
Recommendation:
1. Receive and file the Fiscal Year 2021/2022 Council Discretionary Exp enditure Report for July 1, 2021 through June 30, 2022.
SUMMARY
This staff report is prepared at the request of the City Council to provide transparency with respect to the expenditure of City funds from City Council Discr etionary Expenditure Accounts. These reports are for each Council Member’s year to date expenditures for Fiscal Year 2021/2022 , for July 1, 2021 through June 30, 2022. Each Council District receives an annual budget alloc ation of $3,000 and the Mayor receives an annual budget allocation of $6,000.
With the adoption of the current fiscal year budget and pursuant to Resolution No. 2021- 31, unu sed monies from Fiscal Year 2020/2021 has been carried over to the current Fiscal Year as approved by the City Manager. The Discretionary Expenditure Reports will reflect the amended budget amount in a future period.
The expenditure reports are included routinely in the City Council agenda as an additional means of distributing r eports on activities to the Council and public. The reports are to be posted to the City’s website following Council approval. The monthly reports provide unaudited information and are reconciled to the City’s general ledger.
Following the end of the Fisc al Year, the financial information shall be reviewed as part of the City’s independent financial audit.
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NOTIFICATION
Posting of the agenda as required by the Brown Act.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Jasmin Rivera Jane Halstead
Management Assistant City Clerk
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. FY 21-22 Expenditure Report Sheet (8.30.2022)
APPROVALS
Budget Officer Approval ✓ Approved . 8/30/22 11:44 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/30/22 3:10 PM A.6
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MAYOR DR. YXSTIAN A. GUTIERREZ
Fiscal Year 2021/2022 Council Discretionary Expenditures Accounts: 1010-10-01-10015-620130 Mayor Discretionary
1010-10-01-10015-620131 Mayor Discretionary - Carryover July 1, 2021 - June 30, 2022
Date Amount Description
No expenditures to report for July 2021
8/4/2021 $ 5,000.00 Val Verde Unified School District Explorer Program 8/25/2021 $ 44.75 Refreshments for College Student City Hall tour 9/18/2021 $ 49.87 Refreshments for Kawhi Leonard - Weston Park Basketball Event 9/22/2021 $ 60.00 League of California Cities Lunch Riverside County Division Lunch 10/8/2021 $ 500.00 Diamond Girls Softball Association Sponsorship 10/18/2021 $ 2,500.00 Intercities Soccer League Sponsorship 11/3/2021 $ 10.00 Moreno Valley Chamber of Commerce- Wake-Up MV Meeting - 9/20/21 12/30/2021 $ 75.75 Cupcake & Espresso- Staff Cupcakes 1/1/2021 $ 250.00 Team Jesus of Riverside donation(Jackets, blankets, and meals) 1/26/2022 $ 132.00 New Beginnings Fellowship
No expenditures to report for February 2022
3/28/2022 $ 35.00 Perris State of the City Address
No expenditures to report for April 2022
5/31/2022 $ 100.00 Voices for Children Fundraiser Dinner 6/3/2022 $ 50.00 Riverside County Sheriff’s -One Time to Shine Sheriff’s Event
$ 8,807.37 TOTAL Council Discretionary Expenditures for FY 21/22
$ 6,000.00 FY 21/22 Adopted Budget Amount
$ 8,575.00 Carryover Budget Amount FY 20/21
$ 14,575.00 FY 21/22 Amended Budget Amount
$ 5,767.63 FY 21/22 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.
Updated as of: 8/30/2022
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Attachment: FY 21-22 Expenditure Report Sheet (8.30.2022) (5911 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR
Source: Unaudited financial data from the City's accounting records.
Updated as of: 8/30/2022
MAYOR PRO TEM EDWARD A. DELGADO
Fiscal Year 2021/2022 Council Discretionary Expenditures Accounts: 1010-10-01-10012-620112 District 2 Discretionary 1010-10-01-10012-620117 District 2 Discretionary - Carryover November 18, 2021 - June 30, 2022
Date Amount Description
No expenditures to report for July 2021
No expenditures to report for August 2021
No expenditures to report for September 2021
No expenditures to report for October 2021
No expenditures to report for November 2021
No expenditures to report for December 2021
No expenditures to report for January 2022
2/9/2022 $ 336.00 Moreno Valley Community Band
3/9/2022 $ 500.00 Diamond Girls Softball Association Sponsorship 3/28/2022 $ 35.00 Perris State of the City Address
4/23/2022 $ 108.25 Sponsorship Trailseekers MVEC No expenditures to report for May 2022
6/3/2022 $ 50.00 Riverside County Sheriff's -One Time to Shine Sheriff’s Event 6/4/2022 $ 135.00 Coffee with Ed Event Refreshments
$ 1,164.25 TOTAL Council Discretionary Expenditures for FY 21/22
$ 1,500.00 FY 21/22 Adopted Budget Amount
$ - Carryover Budget Amount FY 20/21
$ 1,500.00 FY 21/22 Amended Budget Amount
$ 335.75 FY 21/22 Budget Amount Remaining
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Attachment: FY 21-22 Expenditure Report Sheet (8.30.2022) (5911 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR
COUNCIL DISTRICT 1 ELENA BACA-SANTA CRUZ
Fiscal Year 2021/2022 Council Discretionary Expenditures Accounts: 1010-10-01-10011-620111 District 1 Discretionary 1010-10-01-10011-620116 District 1 Discretionary - Carryover May 3, 2022 - June 30, 2022
Date Amount Description
No expenditures to report for May 2022
6/3/2022 $ 50.00 Riverside County Sheriff’s -One Time to Shine Sheriff’s Event
$ 50.00 TOTAL Council Discretionary Expenditures for FY 21/22
$ 1,500.00 FY 21/22 Adopted Budget Amount
$ - Carryover Budget Amount FY 20/21
$ 1,500.00 FY 21/22 Amended Budget Amount
$ 1,450.00 FY 21/22 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.
Updated as of: 8/30/2022
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Attachment: FY 21-22 Expenditure Report Sheet (8.30.2022) (5911 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR
Source: Unaudited financial data from the City's accounting records.
Updated as of: 8/30/2022
COUNCIL DISTRICT 3 DAVID MARQUEZ
Fiscal Year 2021/2022 Council Discretionary Expenditures Accounts: 1010-10-01-10013-620113 District 3 Discretionary 1010-10-01-10013-620118 District 3 Discretionary - Carryover July 1, 2021 - June 30, 2022
Date Amount Description
No expenditures to report for July 2021
8/10/2021 $ 25.00 Moreno Valley Chamber of Commerce Wake-UP 9/22/2021 $ 60.00 League of California Cities Lunch Riverside County Division Lunch 9/16/2021 $ 500.00 Diamond Girls Softball Association Sponsorship No expenditures to report for October 2021
No expenditures to report for November 2021
No expenditures to report for December 2021
No expenditures to report for January 2022
2/14/2022 $ 1,000.00 Moreno Valley Community Band
3/28/2022 $ 35.00 Perris State of the City Address
3/31/2022 $ 467.19 Congressional Conference Expenses
No expenditures to report for April 2022
No expenditures to report for May 2022
6/3/2022 $ 50.00 Riverside County Sheriff’s -One Time to Shine Sheriff’s Event
$ 2,137.19 TOTAL Council Discretionary Expenditures for FY 21/22
$ 3,000.00 FY 21/22 Adopted Budget Amount
$ 4,967.00 Carryover Budget Amount FY 20/21
$ 7,967.00 FY 21/22 Amended Budget Amount
$ 5,829.81 FY 21/22 Budget Amount Remaining
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Attachment: FY 21-22 Expenditure Report Sheet (8.30.2022) (5911 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR
COUNCIL DISTRICT 4 ULISES CABRERA
Fiscal Year 2021/2022 Council Discretionary Expenditures Accounts: 1010-10-01-10014-620114 District 4 Discretionary 1010-10-01-10014-620119 District 4 Discretionary - Carryover July 1, 2021 - June 30, 2022
$ 3,000.00 FY 21/22 Adopted Budget Amount
$ 2,763.00 Carryover Budget Amount FY 20/21
$ 5,763.00 FY 21/22 Amended Budget Amount
Date Amount Description
No expenditures to report for July 2021
8/3/2021 $ 500.00 Community Health System Drive Thru Backpack Giveaway 8/11/2021 $ 1,000.00 The Leela Project- 4th Annual Barbers & Backpacks Event at Moreno Valley College No expenditures to report for September 2021
10/31/2021 $ 500.00 Moreno Valley Falcon's Cheerleader Uniforms 11/3/2022 $ 10.00 Moreno Valley Chamber of Commerce- Wake-Up MV Meeting - Nov -2021 11/15/2021 $ 35.00 Power Speaks Louder-Fuel for Community Outreach 11/15/2021 $ 91.08 Power Speaks Louder-U-Haul Van Rental 11/15/2021 $ 91.87 Power Speaks Louder-U-Haul Van Rental 11/30/2021 $ 183.34 Power Speaks Louder- Turkeys- WinCo 11/30/2021 $ 290.97 Power Speaks Louder- Turkeys- Aldi
11/30/2021 $ 223.29 Power Speaks Louder- Turkeys- Aldi
12/21/2022 $ 805.85 Unity of the Faith Christian Outreach Ministries, Inc Toy Drive 1/3/2022 $ 317.44 Power Speaks Louder- Christmas Toy Drive Gifts– BIG LOTS 1/3/2022 $ 190.31 Power Speaks Louder- Christmas Toy Drive Gifts – Five Below No expenditures to report for February 2022
3/2/2022 $ 92.46 Power Speaks Louder-U-Haul Van Rental
3/2/2022 $ 40.00 Power Speaks Louder- Community Outreach Mileage/Fuel 3/14/2022 $ 60.00 Power Speaks Louder- Food4less -Bus Fuel 3/14/2022 $ 60.00 Power Speaks Louder- The Smog Shop- Bus Smog Inspection 3/14/2022 $ 201.19 Power Speaks Louder- Walmart- Bus Battery 3/14/2022 $ 28.00 Power Speaks Louder- AutoZone- Bus Fuel Cap 3/14/2022 $ 100.00 Power Speaks Louder- Tidy Up! Cleaning Service for Bus 3/25/2022 $ 700.00 California Rush Soccer Club
3/28/2022 $ 77.48 American Heart Association- Heart Walk Campaign 3/28/2022 $ 35.00 Perris State of the City Address
04/14/2022 $ 12.27 Rising Stars Business Academy 05/31/2022 $ 117.45 Power Speaks Louder -Food Drive Sign No expenditures to report for June 2022
$ 5,763.00 TOTAL Council Discretionary Expenditures for FY 21/22 $ 0.00 FY 21/22 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.
Updated as of: 8/30/2022
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Attachment: FY 21-22 Expenditure Report Sheet (8.30.2022) (5911 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR
COUNCIL DISTRICT 1 LADONNA JEMPSON
Fiscal Year 2021/2022 Council Discretionary Expenditures Accounts: 1010-10-01-10011-620111 District 1 Discretionary 1010-10-01-10011-620116 District 1 Discretionary - Carryover October 19, 2021 - Nov 18, 2021
Date Amount Description
No expenditures to report for October 2021
11/15/2021 $ 1,000.00 Discovery Christian Church of Moreno Valley -Turkey Giveaway
$ 1,000.00 TOTAL Council Discretionary Expenditures for FY 21/22
$ 3,000.00 FY 21/22 Adopted Budget Amount
$ - Carryover Budget Amount FY 20/21
$ 3,000.00 FY 21/22 Amended Budget Amount
$ 2,000.00 FY 21/22 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.
Updated as of: 8/11/2022
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Attachment: FY 21-22 Expenditure Report Sheet (8.30.2022) (5911 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR
Mayor Pro Tem Baca
Fiscal Year 2021/2022 Council Discretionary Expenditures Accounts: 1010-10-01-10011-620111 District 1 Discretionary 1010-10-01-10011-620116 District 1 Discretionary - Carryover July 1, 2021 - October 6, 2021
Date Amount Description
No expenditures to report for July 2021
No expenditures to report for August 2021
No expenditures to report for September 2021
No expenditures to report for October 2021
$ - TOTAL Council Discretionary Expenditures for FY 21/22
$ 3,000.00 FY 21/22 Adopted Budget Amount
$ - Carryover Budget Amount FY 20/21
$ 3,000.00 FY 21/22 Amended Budget Amount
$ 3,000.00 FY 21/22 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.
Updated as of: 8/30/2022
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Attachment: FY 21-22 Expenditure Report Sheet (8.30.2022) (5911 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR
Report to City Council
ID#5903 Page 1
TO: Mayor and City Council
FROM: Jane Halstead, CMC, City Clerk
AGENDA DATE: September 6, 2022
TITLE: AMENDED JOINT POWERS AGREEMENT OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
RECOMMENDED ACTION
That the City Council:
Authorize the Mayor to e xecute the Amended Joint Powers Agreement for the Western Riverside Council of Governments.
SUMMARY/DISCUSSION
At its meeting of November 1, 20 21, the Western Riverside Council of Governments (WRCOG) Executive Committee took action to amend its Joint Pow ers Agreement. An amendment to the Joint Powers Agreement requires the approval and signatures from 2/3 of WRCOG’s member jurisdictions to take effect. Once the 2/3 of the WRCOG Member Agencies have approved the above listed changes, the changes will beco me effective. Therefore, the WRCOG is asking that the City of Moreno Valley City Council approve these changes and authorize the Mayor to execute the amended agreement.
WRCOG JPA amendments are as follows:
Joint Powers Agreement Changes
1. Remove references to the membership of the Morongo Band of Mission Indians.
2. Modernize language and processes, including removal of references to use of member agency employees to perform day-to-day WRCOG Agency business.
3. Completely revise indemnity language to better ar ticulate WRCOG responsibility to indemnify member agencies.
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4. Remove outdated arbitration provision.
A partial list of key changes to the Bylaws is listed below. For the full scope of changes, please see the attached red line document (Attachment 3) (list of substantive changes).
The changes are intended to:
1. Clarify the role of the Chairperson to include, without limitation, the power to execute documents or take other actions as directed by the Executive Committee, make appointments to the Administration & Finance Committee, create, and appoint to ad hoc committees, and call special meetings.
2. Clarify which official will preside over the meeting when the Chair is absent.
Designates the Past Chair to preside over the meeting if the Chair, Vice -Chair, and Second Vice-Chair are absent.
3. Clarify the duties of the Executive Director and General Counsel and the Executive Committee’s ultimate oversight authority over the Executive Director and General Counsel. Duties of the Executive Director include:
a. Administration of personnel system
b. Administration of contracts
c. Preparation of audit by outside auditor
d. Enforcement of policies, rules and regulations, motions, or resolutions e. Preparation and implementation of budget
4. Establish the selection, oversight, and terminatio n process of the Executive Director and General Counsel.
5. Update gender references.
6. Make various non-substantive language changes for clarity.
FISCAL IMPACT
The proposed Amended JPA should not fiscally impact the City.
CITY COUNCIL GOALS
Advocacy
Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies, and corporations.
Positive Environment
Create a positive environment for the development of Moreno Valley's future.
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NOTIFICATION
NA
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Name: Jasmin Rivera Name: Jane Halstead
Title: Management Assistant Title: City Clerk
CITY COUNCIL GOALS
Advocacy. Develop cooperativ e intergovernmental relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Attachment A- Amended Agreement
2. Attachment B- WRCOG Staff Report
APPROVALS
Budget Officer Approval ✓ Approved . 8/29/22 8:44 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 8:54 AM A.7
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Attachment 1
JPA - red lined
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT) 20323.00002\1494125.20
Updated through XXXXXXXXNovember 1, 202118
Revised
1 JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
This Agreement is made and entered into on the 1st day of April, 1991, pursuant to Government Code Section 6500 et. seq., and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside.
R E C I T A L S
A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields.
B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area- wide and regi onal basis through the establishment of an association of governments. The Council will explore areas of inter- governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern.
C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:
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2 I.
PURPOSE AND POWERS
1.1 Agency Created.
There is hereby created a public entity to be known as the "Western Riverside Council of Governments" ("WRCOG" or “the Council). WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. WRCOG shall be a public entity separate from the parties hereto.
1.2 Powers.
1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall:
a. Serve as a forum for consideration, study, and recommendation on area-wide and regional problems;.
b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County;.
c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvements in the administration of governmental services; and.
d. Serve as the clearinghouse review body for Feder ally-funded projects in accordance with Circular A -95 in conjunction with the Southern California Association of Governments.
1.2.2. The Council shall have the power in its own name to do any of the following;:
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3 a. When necessary for the day to day day-to-day operation of the Council, to make and enter into contracts;.
b. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary;.
c. To apply for an appropriate grant or grants under any federal, state, or local programs..
d. To receive gifts, contributions , and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations , and any governmental entity;.
e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements;.
f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided.
1.2.3 The association Council shall have the power in its own name, only with the approval of all affected member agencies to:
a. Acquire, hold, and dispose of property by eminent domain, lease, lease purchase or sale..
b. To incur debts, liabilities, obligations, and issue bonds;.
II.
ORGANIZATION OF COUNCIL
2.1 Parties.
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4 The parties to WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement hereto and agrees to become a member upon such terms and conditions as established by the G eneral Assembly or Executive Committee, and which has not, pursuant to provisions hereof, withdrawn herefrom (the “Member Agencies”). Only the parties identified in this section and Associate Members approved under section 8.2 of this Agreement, if any, shall be considered contracting parties to this Agreement under Government Code section 6502, provided that the rights of any Associate Member under this Agreement shall be limited solely those rights expressly set forth in a PACE Agreement authorized in section 8.2 of this Agreement.
2.2 Names.
The names, particular capacities and addresses of the parties shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time by the Executive Director. If the Executive Director amends or supplements Exhibit “A ,”, a copy of the revised Exhibit “A” shall be provided to the members.
2.3 Duties.
WRCOG shall do whatever is necessary and required to carry out the purposes of this Agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement, 7 A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT) 20323.00002\1494125.20
5 within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California.
2.4 Governing Body.
2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District, and the Eastern Municipal Water District, and the Morongo Band of Mission Indians (“Morongo”) (collectively, the “General Assembly Member Agencies”). Each General Assembly Member Agency shall have one vote for each mayorMayor, council Council member, county County supervisorSupervisor, and water Water district District board Board memberMember, and tribal council members present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that voting representatives of a majority of the General Assembly Member Agencies are present. The General Assembly shall adopt and amend by-lawsBylaws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws Bylaws may provide for the management and administration of this Agreement. The General Assembly shall meet at least once annually, preferably scheduled in the evening.
2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities , four members of the Riverside County Board of Supervisors, and the President of each Water District, and the Tribal Chairman of Morongo (the “Executive Committee Members”). Each City Council, 8 A.7.a
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6 at its discretion, can appoint its Mayor Pro Tem or other City Council member in place of the Mayor. Each water Water district District boardBoard, at its discretion, can appoint another Board member in place of the President . The Tribal Council of Morongo, at its discretion, can appoint another Tribal Council member in place of the Tribal Chairman.
The Executive Committee shall act only upon a majority of a quorum . A quorum shall consist of a majority of the Executive Committee M embers. Voting shall be cast and tallied in accordance with the by-lawsBylaws.Membership of Morongo on the General Assembly and Executive Committee of WRCOG shall be conditioned on Morongo entering into a separate Memorandum of Understanding with WRCOG.
2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents.
2.4.4. Each Executive Committee Member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The remaining member of the Board of Supervisors shall serve as an alternate for the Board of Supervisors. The name of the alternate members shall be on file with the Executive Committee.Director. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member.
2.5 Executive Director.
The Executive Director shall be the chief Chief administrative oeExecutive oOfficer of the Council . He or she shall receive such compensation as may be fixed by 9 A.7.a
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7 the Executive Committee. The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following:
a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.
c. Serve as Secretary of the General Assembly and of the Executive Committee.
d. To attend meetings of the General Assembly and Executive Committee. e. To perform such other and additional duties as the Executive Committee may require.
2.6 Principal Office.
The principal office of WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County . The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amen dment to this Agreement.
2.7 Meetings.
The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee or Chair. The time and place of regular meetings of the Executive Committee shall be determined by resolution adopted by the Executive Committee; a copy of such resolution schedule shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be 10 A.7.a
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8 called and c onducted in accordance with the provisions of the Ralph M . Brown Act, Government Code Section 54950 et. seq., as it may be amended.
2.8 Powers and Limitations of the Executive Committee.
Unless otherwise provided herein, each Member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council.
2.9 Minutes.
The Secretary of the Council shall cause to be kept minutes of regular , adjourned regular , and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the minutes Minutes to be forwarded to each member.
2.10 Rules.
The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement.
2.11 Vote or Assent of Members.
The vote, assent or approval of the members in any manner as may be required hereunder shall be evidenced by a certified copy of the action of the governing body of such party filed with the Council. It shall be the responsibility of the Executive Director to obtain certified copies of said actions.
2.1321 Officers.
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9 There shall be selected from the membership of the Executive Committee, a chairpersonChair, a vice vVice-chairperson Chair, and a second Second vice vVice- chairperson Chair in accordance with the by -lawsBylaws. The Executive Director shall be the sSecretary of the Council. The Treasurer and the Auditor shall be appointed by the Executive Director and must be officer s or employees of WRCOG. The Executive Director may appoint a single officer or employee of WRCOG to serve in both the Treasurer and Auditor positions. Such person(s) shall possess the powers of, and shall perform the treasurer Treasurer and auditor Auditor functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.
The chairpersonChair, vice vVice-chairperson Chair, and second Second viceVice- chairperson Chair shall hold office for a period of one year commencing at the close of the General Assembly meetingannually on July 1 of their election, and ending one year thereafter, or until his or her successor is elected. The Officers shall have the duties set forth in the by -lawsBylaws. Except for the Executive Director, any officer, employee, or agent of the Executive Committee may also be an officer, employee, or agent of any of the members . The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible.
2.1432 Committees.
The Executive Committee may, as it deems appropriate, establish committees to accomplish the purposes set forth herein. All standing committee meetings 12 A.7.a
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10 of WRCOG, including those of the Executive Committee, shall be open to all Executive Committee Members in accordance with the Brown Act.
2.1543 Additional Officers and Employees.
The Executive Committee shall have the power to authorize such additional officers Officers and employees as may be appropriate.
2.1654 Bonding Requirement.
The officers Officers or persons who have charge of, handle, or have access to any property of WRCOG shall be the Treasurer, the Executive Director, and any other officers Officers or persons designated or empowered by the Executive Committee. Each such officer Officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer Officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG.
2.1765 Status of Officers and Employees.
All of the privileges and i mmunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officersOfficers, agents, or employees of any of the members when performing thei r respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement . None of the officers, agents, or employees appointed by the Executive Committee shall be deemed, by reason of their employment by the 13 A.7.a
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11 Executive Committee, to be employed by any of the members or, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members.
2.1876 Restrictions.
Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above- described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed by state law upon the County of Riverside.
2.1987 TUMF Matters – Water Districts and Morongo.
Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation Uniform Mitigation Fee (“TUMF”) for cities in Western Riverside County. The fee was established prior to the Water District’s and Morongo’s involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District and, the Eastern Municipal Water District , and Morongo General Assembly and Executive Committee Members shall not vote on any matter related to the administration of the TUMF program Program or the expenditure of TUMF revenues.
III
FUNDS AND PROPERTY
3.1 Treasurer.
The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of 14 A.7.a
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12 the duties required in Government Code Section 6505 et. seq., and such other duties as may be prescribed by the Executive Committee.
3.2. Expenditure of Funds.
The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed.
3.3. Fiscal Year.
WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year . Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRCOG during the following fiscal Year.
3.4. Contributions / Public Funds.
In preparing the budget, the General Assembly , by majority vote of a quorum, shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and asses sed valuation, and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the by-lawsBylaws. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs 15 A.7.a
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13 later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG.
The General Assembly shall have the power to determine that personnel, equipment, or property of one or m ore of the parties to the Agreement may be used in lieu of fund contributions or advances.
All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget.
3.5 Contributions from Water Districts and oOther nNonvoting aAgency(ies) and the Morongo Band of Mission Indians.
The provision of section Section 3.4 above shall be inapplicable to the Western Municipal Water District , , the Eastern Municipal Water Distric t, or other nonvoting agencyt, and Morongo.. The amount of contributions from these water districts and Morongo or other nonvoting agency shall be through the WRCOG budget process.
This provision shall not apply to Associate Members under Article VIII.
IV
BUDGETS AND DISBURSEMENTS
4.1 Annual Budget.
The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year.
4.2 Disbursements.
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14 The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures , and by-lawsBylaws adopted by the Executive Committee.
4.3 Accounts.
All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq. , and any other applicable laws of the State of California. There shall be strict accountability of all funds.
All revenues and expenditures shall be reported to the Executive Committee.
4.4 Expenditures Within Approved Annual Budget.
All expenditures shall be made within the approved annual budget . No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee.
4.5 Audit.
The Auditor shall make or contract with an independent certified public accountant or public accountant to make an annual audit of WRCOG’s accounts and records, and copies of such audit report shall be filed with the County Auditor, State Controller, and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. The Auditor shall perform those functions required of 17 A.7.a
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15 him or her by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.
4.6 Reimbursement of Funds.
Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee.
V
LIABILITIES
5.1 Liabilities.
The debts, liabilities, and obligations of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement.
5.2 Liability of Directors, Officers, and Employees.
The Directors, o Officers, and employees of the Authority AgencyCouncil shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, oOfficer, or employee will be responsible for any act or omission by another Director, oOfficer, or employee. The AuthorityAgencyCouncil shall defend, indemnify, and hold harmless the individual current and former Directors, o Officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by California Government Code § 995 et seq. Nothi ng in this section shall be construed to limit the defenses available under the law to the Member Agencies, the AuthorityAgencyCouncil, or its Directors, oOfficers, or employees. 18 A.7.a
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16 5.3 Indemnification.
The AuthorityAgencyCouncil shall acquire such insurance coverage as the BoardExecutive Committee deems necessary to protect the interests of the AgencyAuthorityCouncil, and the Member Agencies.. The AuthorityAgencyCouncil shall indemnify, defend, and hold harmless the Member Agencies and each of their respective Board members board or cCouncil members, oOfficers, agents, and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the AuthorityAgencyCouncil under this Agreement.
5.2 Hold Harmless and Indemnity.
Each party hereto agree to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its employees .
Where the General Assembly or Executive Committee itself or its agents or employees are held liable for injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the General Assembly or Executive CommitteeWRCOG created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties 19 A.7.a
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17 directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement . The voting for or against a matter being considered by the General Assembly or executive or other committee or WRCOG, or abstention from voting on such matter, shall not be construed to constitute a wrongful act or omission within the meaning of this Subsection. As used in this Section
5.2, party shall mean the Member Agencies and WRCOG
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.1 Admission of New Parties.
It is recognized that additional cities , other than the original parties, may wish to participate in WRCOG. Any Western Riverside County city may become a party to WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee. Any Western Riverside County city shall become a party to WRCOG by the adoption by the city council of this Agreement and the execution of a written addendum her eto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the General Assembly or Executive Committee. Special districts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the Council by the execution of a separate MOU setting forth the terms of such participation. The representative of any such advisory member may participate in the work of committees of the Council.
6.2 Withdrawal from WRCOG.
20 A.7.a
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18 It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows:
a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal;.
b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the party’s notice of withdrawal in a manner consist with Article V, above;. c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRCOG as set forth in Section VII below;.
d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG.
VII
TERMINATION AND DISPOSITION OF ASSETS
7.1 Termination of this Agreement.
WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement ; , providing, however, that WRCOG and this 21 A.7.a
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19 Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of WRCOG.
Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG.
7.2 Distribution of Property and Funds.
In the event of the termination of this Agreement, any property interest remaining in WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objectiv e of distributing to each remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any.
VIII
IMPLEMENTATION AND PARTICIPATION AGREEMENTS;
ASSOCIATE MEMBERSHIP
8.1 Execution of Agreement.
When authorized by the Executive Committee, any affected member agency, or agencies enumerated herein, may execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by WRCOG in implementing a program , including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement.
8.2 PACE Agreements; Associate Membership.
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20 WRCOG shall be empowered to establish and operate one or more Property Assessed Clean Energy (“PACE”) programs Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets an d Highways Code, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements, and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdicti onal boundaries of WRCOG.
WRCOG, acting through its Executive Committee, shall be empowered to establish an “Associate Member” status that provides membership in WRCOG to local jurisdictions that are outside WRCOG’s jurisdictional boundaries but within whose boundaries a PACE program Program will be established and implemented by WRCOG.
Said local jurisdictions shall become Associate Members of WRCOG by adopting one or more agreements (the “PACE Agreement”) on the terms and conditions established by the Executive Committee and consistent with the requirements of the Joint Exercise of Powers Act, being Chapter 5 of Division 7, Title 1 of the California Government Code (Sections 6500 et seq.). The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement for the purposes of implementing the PACE program Program within their jurisdictional boundaries. Except as expressly provided for by the PACE Agreement, Associate Members shall not have any rights otherwise granted to WRCOG’s members by this Agreement, including but not limited to the right to vote, right to amend this Agreement, and right to sit on committees or boards established under this Agreement or by action of the Executive Committee or 23 A.7.a
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21 the General Assembly, including, without limitation, the General Assembly and the Executive Committee.
IX
MISCELLANEOUS
9.1 Amendments.
This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies.
9.2 Notice.
Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of sevent y-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid.
9.3 Effective Date.
This Agreement shall be effective and WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof.
9.4 Arbitration.
Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and/or WRCOG, with respect to disputes, demands, differences, controversies, or misunderstandings arising in relation to interpretation of this Agreement, or any breach thereof, shall be submitted to and 24 A.7.a
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22 determined by arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and to the Executive Director of the CouncilWRCOG. Such notice shall designate as "respondents" such other parties as the initiating party i ntends to have bound by any award made therein . Any party (including WRCOG) not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file with all other parties and with the Executive Director of the CouncilWRCOG a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a respondent . Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the respondent or respondents shall each designate a person to act as an arbitrator . The designated arbitrators shall mutually designate the minimal number of additional persons as arbitrators as may be necessary to create an odd total number of arbitrators but not less than three ( 3) to serve as arbitrator(s).
The arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et . seq. The parties to this Agreement and WRCOG agree that the decision of the arbitrators will be binding and will not be subject to judicial review except on the ground that the arbitrators have exceeded the scope of their authority.
9.54 Partial Invalidity.
If any one or more of the terms, provisions, sections, 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 25 A.7.a
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23 and all of the remaining terms, provisions, sections, 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.
9.65 Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto.
9.76 Assignment.
The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties.
9.87 Execution.
The Board of Supervisors of the County of Riverside and the city City councils Councils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively.
26 A.7.a
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Updated through xxxxxxxxNovember 1, 202118
Revised
24 EXHIBIT “A”
Original Members
1. City of Banning
2. City of Beaumont (rejoined June 22, 2017)
3. City of Calimesa
4. City of Canyon Lake
5. City of Corona
6. City of Hemet
7. City of Lake Elsinore
8. City of Moreno Valley
9. City of Murrieta
10. City of Norco
11. City of Perris
12. City of Riverside
13. City of San Jacinto
14. City of Temecula
15. County of Riverside
1. City of Banning 99 E. Ramsey, Banning, CA 92220
2. City of Beaumont (rejoined
June 22, 2017)
550 East 6th Street, Beaumont, CA 92223
3. City of Calimesa 908 Park Avenue, Calimesa, CA 92230
4. City of Canyon Lake 31516 Railroad Canyon Road, Canyon Lake, CA 92587
5. City of Corona 400 S. Vicentia Avenue, Corona, CA 92882
6. City of Hemet 445 East Florida Avenue, Hemet, CA 92543 27 A.7.a
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25 7. City of Lake Elsinore 130 S. Main Street, Lake Elsinore, CA 92530
8. City of Moreno Valley 14177 Frederick Street, Moreno Valley, CA 92552
9. City of Murrieta 1 Town Square, Murrieta, CA 92562
10. City of Norco 2870 Clark Avenue, Norco, CA 92860
11. City of Perris 101 North "D" Street, Perris, CA 92570
12. City of Riverside 3900 Main Street, Riverside, CA 92522
13. City of San Jacinto 595 S. San Jacinto Avenue, Building B, San Jacinto, CA 92583
14. City of Temecula 41000 Main Street, Temecula, CA 92590
15. County of Riverside 4080 Lemon Street, Riverside, CA 92501
Additional City Members
1. City of Eastvale (added on 08/02/2010, Resolution 01-11)
2. City of Jurupa Valley (added on 07/29/2011, Resolution 02-12)
3. City of Menifee (added on 10/06/2008, Resolution 03-09)
4. City of Wildomar (added on 08/04/2008, Resolution 01-09)
1. City of Eastvale (added on
08/02/2010, Resolution 01-
11)
12363 Limonite Avenue, Suite 910, Eastvale, CA 91752
2. City of Jurupa Valley (added
on 07/29/2011, Resolution
02-12)
8930 Limonite Avenue, Jurupa Valley, CA 92509
3. City of Menifee (added on
10/06/2008, Resolution 03-
09)
29844 Haun Road, Menifee, CA 92586
4. City of Wildomar (added on
08/04/2008, Resolution 01-
09)
23873 Clinton Keith Rd., Suite 201, Wildomar, CA 92595
For Reference Only
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
Participating Agencies
1. Eastern Municipal Water District (membership on the Governing Board of 28 A.7.a
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26 WRCOG, 05/11/2009)
2. Western Municipal Water District (membership on the Governing Board of WRCOG, 05/11/2009)
3. Riverside County Superintendent of Schools (membership as an ex-officio, advisory member of WRCOG, 11/07/2011)
4. Morongo Band of Mission Indians (membership on the Governing Board of WRCOG, 7/6/2015) withdrawn as of November 4, 2020.
1. Eastern Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
2270 Trumble Road, Perris, CA 92572
2. Western Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
14205 Meridian Parkway, Riverside, CA 92518
3. Riverside County
Superintendent of Schools
(membership as an ex-
officio, advisory member
of WRCOG, 11/07/2011)
3939 Thirteenth Street, Riverside, CA 92501
4. Morongo Band of Mission Indians (membership on the Governing Board of WRCOG, 7/6/2015. Withdrawn as of November 4, 2020)
29 A.7.a
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Attachment 2
JPA - clean
30 A.7.a
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Updated through November 1,2021
Revised
1 JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
This Agreement is made and entered into on the 1st day of April 1991, pursuant to Government Code Section 6500 et . seq., and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside.
R E C I T A L S
A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields.
B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area- wide and regi onal basis through the establishment of an association of governments. The Council will explore areas of inter- governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern.
C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:
31 A.7.a
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2 I.
PURPOSE AND POWERS
1.1 Agency Created.
There is hereby created a public entity to be known as the "Western Riverside Council of Governments" ("WRCOG" or “the Council). WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. WRCOG shall be a public entity separate from the parties hereto.
1.2 Powers.
1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall:
a. Serve as a forum for consideration, study, and recommendation on area-wide and regional problems.
b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County.
c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvements in the administration of governmental services.
d. Serve as the clearinghouse review body for Feder ally-funded projects in accordance with Circular A -95 in conjunction with the Southern California Association of Governments.
1.2.2. The Council shall have the power in its own name to do any of the following:
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3 a. When necessary for the day-to-day operation of the Council, to make and enter into contracts.
b. To contract for the services of engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary.
c. To apply for an appropriate grant or grants under any federal, state, or local programs.
d. To receive gifts, contributions , and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations , and any governmental entity.
e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements.
f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided.
1.2.3 The Council shall have the power in its own name, only with the approval of all affected member agencies to:
a. Acquire, hold, and dispose of property by eminent domain, lease, lease purchase or sale.
b. To incur debts, liabilities, obligations, and issue bonds.
II.
ORGANIZATION OF COUNCIL
2.1 Parties.
33 A.7.a
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4 The parties to WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement hereto and agrees to become a member upon such terms and conditions as established by the G eneral Assembly or Executive Committee, and which has not, pursuant to provisions hereof, withdrawn herefrom (the “Member Agencies”). Only the parties identified in this section and Associate Members approved under section 8.2 of this Agreement, if any, shall be considered contracting parties to this Agreement under Government Code section 6502, provided that the rights of any Associate Member under this Agreement shall be limited solely those rights expressly set forth in a PACE Agreement authorized in section 8.2 of this Agreement.
2.2 Names.
The names, particular capacities and addresses of the parties shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time by the Executive Director. If the Executive Director amends or supplements Exhibit “A ,” a copy of the revised Exhibit “A” shall be provided to the members.
2.3 Duties.
WRCOG shall do whatever is necessary and required to carry out the purposes of this Agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement, 34 A.7.a
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5 within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California.
2.4 Governing Body.
2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District, and the Eastern Municipal Water District (collectively, the “General Assembly Member Agencies”). Each General Assembly Member Agency shall have one vote for each Mayor, Council member, County Supervisor, and Water District Board Members present at the General Assembly . The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that voting representatives of a majority of the General Assembly Member Agencies are present . The General Assembly shall adopt and amend Bylaws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement . Such Bylaws may provide for the management and administration of this Agreement. The General Assembly shall meet at least once annually, preferably scheduled in the evening.
2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities , four members of the Riverside County Board of Supervisors , and the President of each Water District. Each City Council, at its discretion, can appoint its Mayor Pro Tem or other City Council member in place of the Mayor . Each Water District Board, at its discretion, can appoint another Board member in place of the President. The Executive Committee shall act only upon 35 A.7.a
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6 a majority of a quorum. A quorum shall consist of a majority of the Executive Committee Members. Voting shall be cast and tallied in accordance with the Bylaws.2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents.
2.4.4. Each Executive Committee Member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The remaining member of the Board of Supervisors shall serve as an alternate for the Board of Supervisors. The name of the alternate members shall be on file with the Executive Director. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member.
2.5 Executive Director.
The Executive Director shall be the Chief Executive Officer of the Council.
He or she shall receive such compensation as may be fixed by the Executive Committee.
The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following:
a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.
c. Serve as Secretary of the General Assembly and of the Executive Committee.
d. To attend meetings of the General Assembly and Executive Committee. 36 A.7.a
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7 e. To perform such other and additional duties as the Executive Committee may require.
2.6 Principal Office.
The principal office of WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County . The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amen dment to this Agreement.
2.7 Meetings.
The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee or Chair. The time and place of regular meetings of the Executive Committee shall be determined by the Executive Committee; a copy of such schedule shall be furnished to each party hereto.
Regular, adjourned, and special meetings shall be called and c onducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended.
2.8 Powers and Limitations of the Executive Committee.
Unless otherwise provided herein, each Member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council.
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8 2.9 Minutes.
The Secretary of the Council shall cause to be kept minutes of regular , adjourned regular , and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the Minutes to be forwarded to each member.
2.10 Rules.
The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement.
2.11 Officers.
There shall be selected from the membership of the Executive Committee, a Chair, a Vice-Chair, and a Second Vice-Chair in accordance with the Bylaws . The Executive Director shall be the Secretary of the Council. The Treasurer and the Auditor shall be appointed by the Executive Director and must be officer s or employees of WRCOG. The Executive Director may appoint a single officer or employee of WRCOG to serve in both the Treasurer and Auditor positions. Such person(s) shall possess the powers of, and shall perform the Treasurer and Auditor functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.
The Chair, Vice-Chair, and Second Vice-Chair shall hold office for a period of one year commencing annually on July 1 and ending one year thereafter, or until his or her successor is elected. The Officers shall have the duties set forth in the Bylaws.
2.12 Committees.
38 A.7.a
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9 The Executive Committee may, as it deems appropriate, establish committees to accomplish the purposes set forth herein. All standing committee meetings of WRCOG, including those of the Executive Committee, shall be open to all Executive Committee Members in accordance with the Brown Act.
2.13 Additional Officers.
The Executive Committee shall have the power to authorize such additional Officers as may be appropriate.
2.14 Bonding Requirement.
The Officers or persons who have charge of, handle, or have access to any property of WRCOG shall be the Treasurer, the Executive Director, and any other Officers or persons designated or empowered by the Executive Committee. Each such Officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such Officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG.
2.15 Status of Officers.
All of the privileges and i mmunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of Officers , agents, or employees of any of the members when performing thei r respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement.
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10 2.16 Restrictions.
Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above- described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed by state law upon the County of Riverside.
2.17 TUMF Matters – Water Districts.
Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation Uniform Mitigation Fee (“TUMF”) for cities in Western Riverside County. The fee was established prior to the Water District’s involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District and the Eastern Municipal Water District Executive Committee Members shall not vote on any matter related to the administration of the TUMF Program or the expenditure of TUMF revenues.
III
FUNDS AND PROPERTY
3.1 Treasurer.
The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of the duties required in Government Code Section 6505 et. seq., and such other duties as may be prescribed by the Executive Committee.
3.2. Expenditure of Funds.
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11 The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed.
3.3. Fiscal Year.
WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year . Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRCOG during the following fiscal Year.
3.4. Contributions / Public Funds.
In preparing the budget, the General Assembly , by majority vote of a quorum, shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and asses sed valuation, and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the Bylaws. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG. 41 A.7.a
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12 The General Assembly shall have the power to determine that personnel, equipment, or property of one or m ore of the parties to the Agreement may be used in lieu of fund contributions or advances.
All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget.
3.5 Contributions from Water Districts and Other Nonvoting Agency(ies).
The provision of Section 3.4 above shall be inapplicable to the Western Municipal Water District, the Eastern Municipal Water District, or other nonvoting agency.
The amount of contributions from these water districts or other nonvoting agency shall be through the WRCOG budget process. This provision shall not apply to Associate Members under Article VIII.
IV
BUDGETS AND DISBURSEMENTS
4.1 Annual Budget.
The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year.
4.2 Disbursements.
The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such 42 A.7.a
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13 claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures, and Bylaws adopted by the Executive Committee.
4.3 Accounts.
All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq. , and any other applicable laws of the State of California. There shall be strict accountability of all funds.
All revenues and expenditures shall be reported to the Executive Committee.
4.4 Expenditures Within Approved Annual Budget.
All expenditures shall be made within the approved annual budget . No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee.
4.5 Audit.
The Auditor shall contract with an independent certified public accountant or public accountant to make an annual audit of WRCOG’s accounts and records, and copies of such audit report shall be filed with the County Auditor, State Controller, and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. The Auditor shall perform those functions required of him or her by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto.
4.6 Reimbursement of Funds.
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14 Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee.
V
LIABILITIES
5.1 Liabilities.
The debts, liabilities, and obligations of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement.
5.2 Liability of Directors, Officers, and Employees.
The Directors, Officers, and employees of Council shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. N o current or former Director, Officer, or employee will be responsible for any act or omission by another Director, Officer, or employee. The Council shall defend, indemnify, and hold harmless the individual current and former Directors, Officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by California Government Code § 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law to the Member Agencies, the Council, or its Directors, Officers, or employees.
5.3 Indemnification.
The Council shall acquire such insurance coverage as the Executive Committee deems necessary to protect the interests of the Council, and the Member Agencies. The Council shall indemnify, defend, and hold harmless the Member Agencies 44 A.7.a
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15 and each of their respective Board or Council members, Officers, agents, and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Council under this Agreement.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.1 Admission of New Parties.
It is recognized that additional cities , other than the original parties, may wish to participate in WRCOG. Any Western Riverside County city may become a party to WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee. Any Western Riverside County city shall become a party to WRCOG by the adoption by the city council of this Agreement and the execution of a written addendum her eto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the General Assembly or Executive Committee. Special districts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the Council by the execution of a separate MOU setting forth the terms of such participation. The representative of any such advisory member may participate in the work of committees of the Council.
6.2 Withdrawal from WRCOG.
It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, 45 A.7.a
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16 either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows:
a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal.
b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the party’s notice of withdrawal in a manner consist with Article V, above. c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRCOG as set forth in Section VII below.
d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG.
VII
TERMINATION AND DISPOSITION OF ASSETS
7.1 Termination of this Agreement.
WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement, providing, however, that WRCOG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of WRCOG. 46 A.7.a
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17 Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG.
7.2 Distribution of Property and Funds.
In the event of the termination of this Agreement, any property interest remaining in WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objectiv e of distributing to each remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any.
VIII
IMPLEMENTATION AND PARTICIPATION AGREEMENTS;
ASSOCIATE MEMBERSHIP
8.1 Execution of Agreement.
When authorized by the Executive Committee, any affected member agency, or agencies enumerated herein may execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by WRCOG in implementing a program , including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement.
8.2 PACE Agreements; Associate Membership.
WRCOG shall be empowered to establish and operate one or more Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the 47 A.7.a
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18 Improvement Bond Act of 1911, being Division 7 of the California Streets an d Highways Code, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements , and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdicti onal boundaries of WRCOG.
WRCOG, acting through its Executive Committee, shall be empowered to establish an “Associate Member” status that provides membership in WRCOG to local jurisdictions that are outside WRCOG’s jurisdictional boundaries but within whose boundaries a PACE Program will be established and implemented by WRCOG. Said local jurisdictions shall become Associate Members of WRCOG by adopting one or more agreements (the “PACE Agreement”) on the terms and conditions established by the Executive Committee and consistent with the requirements of the Joint Exercise of Powers Act, being Chapter 5 of Division 7, Title 1 of the California Government Code (Sections 6500 et seq.). The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement for the purposes of implementing the PACE Program within their jurisdictional boundaries. Except as expressly provided for by the PACE Agreement, Associate Members shall not have any rights otherwise granted to WRCOG’s members by this Agreement, including but not limited to the right to vote, right to amend this Agreement, and right to sit on committees or boards established under this Agreement or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee.
IX
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19 MISCELLANEOUS
9.1 Amendments.
This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies.
9.2 Notice.
Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of sevent y-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid.
9.3 Effective Date.
This Agreement shall be effective and WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof.
9.4 Partial Invalidity.
If any one or more of the terms, provisions, sections, 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, sections, 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.
9.5 Successors.
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20 This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto.
9.6 Assignment.
The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties.
9.7 Execution.
The Board of Supervisors of the County of Riverside and the City Councils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively.
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Updated through November 1, 2021
Revised
21 EXHIBIT “A”
Original Members
1. City of Banning 99 E. Ramsey, Banning, CA 92220
2. City of Beaumont (rejoined
June 22, 2017)
550 East 6th Street, Beaumont, CA 92223
3. City of Calimesa 908 Park Avenue, Calimesa, CA 92230
4. City of Canyon Lake 31516 Railroad Canyon Road, Canyon Lake, CA 92587
5. City of Corona 400 S. Vicentia Avenue, Corona, CA 92882
6. City of Hemet 445 East Florida Avenue, Hemet, CA 92543
7. City of Lake Elsinore 130 S. Main Street, Lake Elsinore, CA 92530
8. City of Moreno Valley 14177 Frederick Street, Moreno Valley, CA 92552
9. City of Murrieta 1 Town Square, Murrieta, CA 92562
10. City of Norco 2870 Clark Avenue, Norco, CA 92860
11. City of Perris 101 North "D" Street, Perris, CA 92570
12. City of Riverside 3900 Main Street, Riverside, CA 92522
13. City of San Jacinto 595 S. San Jacinto Avenue, Building B, San Jacinto, CA 92583
14. City of Temecula 41000 Main Street, Temecula, CA 92590
15. County of Riverside 4080 Lemon Street, Riverside, CA 92501
Additional City Members
1. City of Eastvale (added on
08/02/2010, Resolution 01-
11)
12363 Limonite Avenue, Suite 910, Eastvale, CA 91752
2. City of Jurupa Valley (added
on 07/29/2011, Resolution
02-12)
8930 Limonite Avenue, Jurupa Valley, CA 92509
3. City of Menifee (added on
10/06/2008, Resolution 03-
09)
29844 Haun Road, Menifee, CA 92586
4. City of Wildomar (added on
08/04/2008, Resolution 01-
09)
23873 Clinton Keith Rd., Suite 201, Wildomar, CA 92595
For Reference Only
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22 Participating Agencies
1. Eastern Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
2270 Trumble Road, Perris, CA 92572
2. Western Municipal Water
District (membership on
the Governing Board of
WRCOG, 05/11/2009)
14205 Meridian Parkway, Riverside, CA 92518
3. Riverside County
Superintendent of Schools
(membership as an ex-
officio, advisory member
of WRCOG, 11/07/2011)
3939 Thirteenth Street, Riverside, CA 92501
4. Morongo Band of Mission Indians (membership on the Governing Board of WRCOG, 7/6/2015. Withdrawn as of November 4, 2020)
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Attachment 3
Bylaws – red lined
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1 BY-LAWS
FOR THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
ARTICLE I
SECTION 1.
These Bylaws are provided for the organization and administration of the Western Riverside Council of Governments which has been established under a Joint Powers Agreement (“JPA”). These Bylaws supplement the Agreement. Capitalized terms shall have the same meaning as set forth in the JPA. In the event that the Bylaws conflict with the JPA, the JPA shall control.
ARTICLE II
GENERAL ASSEMBLY
SECTION 1. MEETINGS
A. Annual Meeting. The annual General Assembly shall meet in June. The locations and times of these meetings shall be determined by the Executive Committee.
B. Special Meetings. Special meetings of the General Assembly may be called by the Chairperson, or in his or her absence by the Vice- Chairperson, or in the absence of the Chairperson and the Vice- Chairperson, by the Second Vice - Chairperson, or a majority of the members of the member agencies.
SECTION 2. OFFICERS
A. Nomination and Election. The General Assembly shall elect, by a majority vote, the Chairperson, Vice-Chairperson, and Second Vice-Chairperson from members of the Executive Committee, provided he or she is first nominated by either the General Assembly or Executive Committee. The election of the Chairperson, Vice- Chairperson, and Second Vice- Chairperson shall be conducted once each year and no later than Julyannually by July 1, or as soon thereafter as possible.
B. Prohibition. The General Assembly shall not elect the Chairperson, Vice- Chairperson, and Second Vice-Chairperson fromshall each be representatives of the samefrom different General Assembly member agencyagencies.
C. Term. The elected Chairperson, Vice-Chairperson, and Second Vice-Chairperson shall assume office at the close of the meeting of their election annually on July 1 and each officer shall hold office for one year, or until his or her successor shall beis elected.
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2 D. Vacancy. Notwithstanding Article II, Section 2.C., if the office of the Chairperson, Vice-Chairperson or Second Vice- Chairperson becomes vacant, the resu lting vacancy(s) shall be filled by the Vice- Chairperson and/or Second Vice- Chairperson, respectively and a new Second Vice- Chairperson shall be selected as set forth in Article II, Section 2.A. Notwithstanding the forgoing, the Executive Committee shall appoint, by a majority vote, one of its members to fill the unexpired term of the vacated officemay choose to keep the position vacant until the annual selection of the Officers.
E. Removal. Notwithstanding Article II, Section 2.D., the Executive Committee may remove the Chairperson, Vice- Chairperson or Second Vice- Chairperson by majority vote. The removal of either the Chairperson, Vice-Chairperson or Second Vice-Chairperson creates aresulting vacancy which shall be filled in accordance with Article II, Section 2.D.
F. Duties of Chairperson.
1. F. Duties of the Chairperson, Vice- Chairperson and Second Vice- Chairperson. The Chairperson shall, if present, preside at all meetings of the General Assembly and, Executive Committee andor Administration & Finance Committee and shall exercise and perform such other powers and duties as may be from time to time be assigned to the Chairperson, including the creation and appointment of ad hoc committees. In the absencehim or her by the Executive Committee or as prescribed herein.
2. In any case in which the execution of a document or the performance of an act is directed by action of the Executive Committee, the Chairperson, unless the act of the Executive Committee otherwise provides, is empowered to execute such document or perform such act.
3. At the beginning of the fiscal year, the Chairperson shall make appointments to the Administration and Finance Committee.
4. The Chairperson shall have the power to create and appoint ad hoc committees.
5. The Chairperson may call special meetings
G. Duties of the Vice Chairperson, the. The Vice-Chairperson shall perform all the duties of the Chairperson in his or her absence. When so acting, the Vice- Chairperson shall have all the powers of, and be subject to all the restrictions upon, the Chairperson. In the absence
H. of both the Chairperson and Vice- Chairperson, theDuties of Second Vice- Chairperson. The Second Vice- Chairperson shall perform all the duties of the Chairperson in the absence of the Chairperson and the Vice- Chairperson. When 55 A.7.a
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3 so acting, the Second Vice -Chairperson shall have all the powers of , and be subject to all the restrictions upon, the Chairperson.
I. Past-Chairperson. In the absence of the Chairperson, Vice- Chairperson, and Second Vice- Chairperson, the General Assembly Chairperson of the Previous Year (the “Past Chairperson”) shall perform the duties of the Chairperson for that meeting only. When so acting, Past Chairperson shall have all the powers of, and be subject to all the restrictions upon, the Chairperson.
J. Chair Pro Tempore. In the absence of the Chairperson, Vice-Chairperson, Second Vice-Chairperson and the Past Chairperson, the Executive Director or designee shall open the meeting and the General Assembly or, Executive Committee or Administration and Finance Committee, as applicable, shall choose one of its voting members to chair the meeting for that day only.
SECTION 3. VOTING
A. In General. Each voting representative of a General Assembly Member Agency shall have one vote as set forth in Section 2.4.1 of the Joint Powers Agreement.
B. Eligibility. The Chairperson, Vice- Chairperson and Second Vice- Chairperson are eligible to vote.
B. C. Quorum. The General Assembly shall act only upon a majority of a quorumthose members present at the meeting. A quorum shall be the majority of the total authorized representatives of each General Assembly Member Agency, provided that a voting representative of a majority of the General Assembly Member Agencies are present.
ARTICLE III
EXECUTIVE COMMITTEE
SECTION 1. MEMBERSHIP
A. The Executive Committee will be composed of the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, and the President of each water district, and the Tribal Chairman of the Morongo Band of Mission Indians. Any City Council, at its discretion, can appoint a Mayor Pro Tem or other city council member in place of the Mayor. Each water district board, at its discretion, can appoint another board member in place of the President. The Tribal Council of the Morongo Band of Mission Indians, at its discretion, can appoint another tribal council member in place of the Tribal Chairman. Those members under this Section 1.A shall be referred to herein as “Regular Members.”
B. Each regular member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the party member agency such alternate represents. For the Board of Supervisors, the Board of 56 A.7.a
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4 Supervisor’s member not serving under section A , above, shall serve as an alternate to the members of the Board of Supervisors. The name of the alternate members shall be on file with the Secretary of the Executive Committee. InDuring the absence of the regular member from an agency a committee meeting , the alternate member from such agency shall assume all rights and duties of the absent regular member. Those members under this Section 1.B shall be referred to herein as “Alternate Members.”
SECTION 2. OFFICERS
A. Officers and Duties . The officers of the Executive Committee shall be the Chairperson, Vice- Chairperson, and Second Vice- Chairperson of the General Assembly. The Chairperson, Vice- Chairperson, and Second Vice- Chairperson shall perform the same duties set forth in Article II.
B. Absence. If a jurisdiction misses three consecutive regular meetings, said jurisdiction shall be notified of these occurrencesby the Executive Director.
SECTION 3. MEETINGS
The Executive Committee shall meet in accordance with the meeting schedule adopted by the Executive Committee, as may be revised from time to time.
SECTION 4. QUORUM
The Executive Committee shall act only upon a majority of a quorum those members present at the meeting. A quorum shall consist of a majority of the voting members of the Executive Committee.
SECTION 5. VOTING
Each member city present shall have one vote in the Executive Committee, each County Supervisor present shall have one vote, and each member water district present shall have one vote, and the representative of the Morongo Band of Mission Indians present shall have one vote. Only authorized members present, or designated alternates . Only Regular Members present, or Alternates Members acting when the regular memberRegular Member is absent, may vote. As set forth in the JPA, the water districts and the Morongo Band of Mission Indian members do not vote on TUMF matters.
SECTION 6. POWERS AND FUNCTIONS
A. To prepare and recommend to the General Assembly a yearly budget for funds and distribution, and to determine the estimated share of contributions from each member agency.
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5 B. To administer, manage, contract for, and handle the financing of the studies, projects and programs.
C. To exercise the powers of the Joint Powers Agreement between sessions of the General Assembly.
D. To select and employ an Executive Director who shall be the Chief Administrative Officer of WRCOG and who shall have administrative supervision over all WRCOG employees. The Executive Committee shall establish personnel rules and regulations.
E. To appoint regular and special standing and ad hoc committees within the from Executive Committee members.
F. To establish and operate a permanentbusiness office for WRCOG.
G. To appoint advisory committees on such projects as it determines advisable.
G. H. To provide for additional ex -officio, non- voting members, as deemed appropriate for the effective conduct of the business of the organization.
SECTION 7. POLICY REGARDING CONFIDENTIAL INFORMATION DISCLOSED
DURING CLOSED SESSIONS
The Executive Committee recognizes that, from time to time, it is vital that members of the Executive Committee divulge certain privileged information obtained in WRCOG closed sessions at WRCOG to their own governing bodies meeting in closed sessions. Thus, WRCOG adopts the policy set forth in Government Code section 54956.96 which authorizes the disclosure of closed session information that has directeddirect financial or liability. Such information can only be disclosed during closed session meetings of the member agency
A. All information received by the legislative body of the member agency in a closed session related to the information presented to WRCOG in closed session shall be confidential. However, a member of the legislative body of a member agency, or his/her duly appointed alternate under the JPA, may disclose information obtained in a closed session that has direct financial or liability implications for that member agency to the following individuals:
1. Legal counsel of that member agency for purposes of obtaining advice on whether the matter has direct financial or li ability implications for that member agency.
2. Other members of the legislative body of the member agency present in a closed session of that member agency, as well as other persons that may be invited to attend the closed session by the member agency’s legislative body.
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6 B. The legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and/or take action concerning information obtained in a closed session of WRCOG pursuant to this Policy.
ARTICLE IV
OTHER COMMITTEES
SECTION 1. TECHNICAL ADVISORY COMMITTEE
A. Duties. The Technical Advisory Committee (TAC) shall interface with WRCOG staff, review staff reports, consider staff recommendations, provide recommendations to the Executive Committee, and perform such other duties as may be delegated to it.
B. Meetings. The TAC may meet once a month or as it is deemed necessary.
C. Membership. The TAC is comprised of an executive from the County of Riverside, the City Manager from each of WRCOG’s member cities, the General Manager from each of WRCOG’s member water districts, the Chief Administrative Officer from the Morongo Band of Mission Indians, and the Executive Director from the March Joint Powers Authority. A City Manager, Water District General Manager, Chief Administrative Officer of the Morongo Band of Mission Indians, and Executive Director from the March JPA may appoint an alternate who is a department head of the agency.
D. Quorum. The TAC shall act only upon a majority of a quorum those members present at the meeting. A quorum shall consist of a majority of the members of the TAC. Each representative shall have one vote, except that members of the water districts and Morongo Band of Mission Indians shall not vote on TUMF matters.
SECTION 2. ADMINISTRATION & FINANCE COMMITTEE
A. Duties. The Administration & Finance Committee shall provide budget and finance overview for WRCOG, review staff recommendations on WRCOG programs prior to consideration by the Executive Committee, and provide advice on other matters to the Executive Committee as needed. The Administration & Finance Committee shall have the authority (i) to increase the WRCOG budget in any category up to fifteen percent (15%); and (ii) to authorize contracts up to $200,000 when the contract requires execution prior to the next regularly scheduled Executive Committee meeting.
B. Meetings. The Administration & Finance Committee may meet once a month or as it is deemed necessary.
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7 C. Membership. The Administration & Finance Committee shall be composed of the Executive Committee Chairperson; the Executive Committee Vice- Chairperson, the Executive Committee Second Vice -Chairperson, the Past Executive Committee Chairperson; and seven other members of the Executive Committee selected by the Executive Committee Chairperson. When selecting members of the Administration & Finance Committee, the Executive Committee Chairperson is encouraged to consider geographic balance. At least two members of the Board of Supervisors shall be members of the Administration & Finance Committee. At least one member shall be a water district representative.
D. Quorum and Voting. The Administration & Finance Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the members of the committeeCommittee. Each member present shall have one vote, except that members representing the water districts and Morongo Band of Mission Indians shall not vote on TUMF matters.
E. Term and Removal . Appointments to the Administration & Finance Committee shall be for a one-year term ending on June 30 of the fiscal year (July to June) in which the appointments are made or until new members are appointed. The process set forth below applies should the Chair wish to remove a Board member appointed (“Appointee”) during the one-year term of the appointment. The process does not apply to the Chair’s decision not to reappoint an Appointee at the end of the Appointee’s one-year term.
1. The Chair shall provide Appointee with written notice of the Chair’s decision to remove the Appointee from the appointment.
2. The notice shall be provided in writing to Appointee through WRCOG’s Executive Director and shall include a brief statement of why removal is sought, which reason may include, without limitation, three or more consecutive absences of regular committee meetings. The notice shall be delivered to the email address, if any, provided by Appointee as well as by first class mail to the Clerk of the City / County appointing Appointee to the WRCOG Executive Committee and Appointee’s mailing address.
3. The removal shall be effective on the 15th day after WRCOG’s Executive Director sends notice to Appointee unless Appointee provides notice to the WRCOG Executive Director, prior to the expiration of such 15- day period, of his or her desire to contest the removal.
4. In the event that the removal is contested, the removal shall be stayed and the Executive Director shall schedule an Adminis tration & Finance Committee meeting at which both the Chair and Appointee may present their arguments for and against removal. Based thereon, the Administration & Finance Committee shall either uphold or reject the removal. The decision of the Administration & Finance Committee shall be final. 60 A.7.a
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8 5. If the removal is not contested or is approved by the Administration & Finance Committee, the Chair may appoint another WRCOG Executive Committee memberRegular Member to fill the remainder of the Appointee’s term. The appointment of the new member shall comply with the membership requirements set forth in Section C, above. The term of the newly appointed member shall expire on June 30 of the fiscal year in which the appointment is made.
This section 2.E shall only apply to appointments made by the Chair to the seven open seats on the Administration & Finance Committee and not to the four ex - officio members of the committeeCommittee.
ARTICLE V
EXECUTIVE DIRECTOR AND GENERAL COUNSEL
SECTION 1. EXECUTIVE DIRECTOR
A. Duties. In addition to those duties enumerated in the Joint Powers Agreement, the duties of the Executive Director are:
A. Duties. The Executive Director shall be responsible for the overall management of WRCOG, and has the neces sary and full authority to effect this responsibility subject to the Executive Committee’s oversight, any policies and directives issued by the Committee, and as called upon pursuant to the WRCOG JPA Agreement.
The Executive Director shall be a full -time o fficer. The appointment and employment of the Executive Director shall be overseen by the Administration & Finance Committee and confirmed by the Executive Committee as set forth in Section B, below . In addition to those set forth in the Joint Powers Agreement, the powers and duties of the Executive Director, subject to oversight by the Executive Committee, are:
1. To administer all contracts the personnel system, including contract employees of WRCOG.
2. To administer all WRCOG contracts, except as set forth in Article V.2.B (General Counsel).
3. To cause to be prepared by a Certified Public Accountant and to submit to the Executive Committee as soon as practical after the end of each fiscal year a post -audit of the financial transactions and records of WRCOG for the preceding year.
4. To keep the Executive Committee advised as to the needs of WRCOG.
5. 2. To have full charge of the administration of the business affairs of WRCOG., including the review and rejection of claims..
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9 3. To exercise general supervision over all property belonging to WRCOG.
6. To see that all ordinances, rules and regulations, motions, or resolutions are enforced.
7. 4. To accept, on behalf of WRCOG, easements and other property rights and interests.
8. 5. To be responsible for the purchase of all supplies and equipment of WRCOG.
9. To provide for the clerical services required by WRCOG including keeping a book of minutes of all meetings of WRCOG, giving notice of all meetings as may be required by law or action of WRCOG, and (h) perform such other duties as may be prescribed by motion, ordinance or resolution of WRCOG.
10. To take any or all of the following actions in relation to employees of WRCOG :
a) To hire employees at the appropriate salary range as determined by the Executive Committee .
b) To promote, transfer, suspend with or without pay, or discharge any employee in accordance with applicable rules and policies
11. To make disbursements of WRCOG funds consistent with the annual budget, as may be amended by the Executive Committee from time to-time.
The Executive Director shall have such other duties, powers and responsibilities as may from time to time be assigned by the Executive Committee or General Assembly.
12. 6. AcceptTo accept grants on behalf of WRCOG.
13. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.
14. To serve as Secretary of the General Assembly and of the Executive Committee.
15. To attend meetings of the General Assembly, Executive Committee Administration & Finance Committee and other standing and ad hoc committees.
16. To perform such other and additiona l duties as the Executive Committee may require.
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10 B. Selection, Oversight and Termination.
a. Selection.
1. Upon a vacancy or expected vacancy of the position of the Executive Director, the Administration & Finance Committee shall be responsible for direc ting the recruitment of Executive Director candidates, subject to the direction and oversight of the Executive Committee.
2. a) Following recruitment, the Administration & Finance Committee may appoint an ad hoc to interview
potential candidates with a goal of presenting two or
three candidates to the Administration & Finance
Committee for consideration.
b) The Administrative & Finance Committee shall then
interview potential candidates recommended by the ad
hoc committee with a goal of recommending one or two
candidates to the Executive Committee for
consideration as set forth in Step 4, below.
c) If the Administration & Finance Committee decides not to appoint an ad hoc committee, Step 2 shall be
skipped and the process shall proceed directly to step
3, below.
3. If the Administration & Finance Committee decides not to appoint an ad hoc committee provided for in Step 2, below, the Administrative and Finance Committee shall interview potential candidates with a goal of recommending one or two candidates to the Executive Committee for consideration.
4. The Executive Committee shall then make the final selection and oversee the negotiation of a employment contract.
5. The Executive Committee may approve deviations from the process set forth above.
b. Oversight. Under the direction of the Executive Committee, the Administration & Finance Committee shall be primarily responsible for the oversight of the Executive Director. A performance review shall be performed annually or more frequently by the Administration & Finance Committee and then by the Executive Committee. Any changes in employment terms, included changes in compensation or benefits, shall be approved by the Executive Committee.
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11 c. Termination. The Executive Director may be terminated pursuant to the terms of the Executive Director’s employment contract by the Executive Committee on its own motion or upon recommendation of the Administration & Finance Committee
B. ContractC. Contracting. The Executive Director is authorized to contract and execute on behalf of WRCOG, contracts, including contracts for supplies, equipment and materials, and consultants, not to exceed $100,000.00100,000, provided the contr act relates to purposes previously approved and budgeted by the General Assembly or Executive Committee.
SECTION 2. GENERAL COUNSEL
A. Duties of General Counsel. The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than 10 years preceding appointment. The General Counsel shall represent and advise the General Assembly, Executive Committee, Administration & Finance Committee and the Executive Director on legal matters actions, or proceedings in which WRCOG is concerned, or interested, or is a party.
B. The General Counsel shall be selected and overseen by the Executive Committee.
The power to terminate the General Counsel shall rest exclusively with the Executive Committee.
ARTICLE VI
DEFINITION OF WESTERN RIVERSIDE AREA
The boundaries of WRCOG shall be defined according to the legal description attached hereto as Exhibit “A.”
ARTICLE VII
AMENDMENTS
These Bylaws and any amendments thereto may be amended by the General Assembly, by majority vote. Proposed amendments shall be submitted, in writing, to members of the General Assembly along with the agenda for such meeting.
ARTICLE VII
REVIEW OF BYLAWS
It is the intent of the Executive Committee and General Assembly that these Bylaws shall 64 A.7.a
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12 be reviewed by the Administration & Finance Committee at least every 4 years, or sooner if determined necessary Following review, the Bylaws, along with any recom mended updates, shall be presented to the Executive Committee. If changes are approved by the Executive Committee, the changes shall be effective immediately, provided that any changes shall be presented to the General Assembly as soon thereafter as pract ical for confirmation.
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT) Attachment 4
Resolution Number 25-21 amending
the Bylaws
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT) RESOLUTION NUMBER 25-21
A RESOLUTION OF THE EXECUTIVE COMMITTEE OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
AMENDING ITS BYLAWS
WHEREAS, the Western Riverside Council of Governments ("WRCOG") has been created pursuant to a certain Joint Exercise of Powers Agreement, as amended, ("JPA") in accordance with California Government Code section 6500, et seq.; and
WHEREAS, the WRCOG Executive Committee is comprised of the Mayor from each WRCOG member city, four members of the Riverside County Board of Supervisors, the President of each participating Water District, and the Riverside County Superintendent of Schools;
WHEREAS, pursuant to Section 2.4.2 of the JPA, the Executive Committee is authorized to exercise the powers of the JPA between session of the General Assembly; and
WHEREAS, Section 2.4.1 of the JPA includes the power to amend WRCOG's Bylaws; and
WHEREAS, the Executive Committee of the Western Riverside Council of Governments desires to amend its Bylaws.
NOW THEREFORE, BE IT RESOLVED by the Executive Committee of the Western Riverside Council of Governments that:
Section 1: The Bylaws of the Western Riverside Council of Governments are hereby amended as set forth in in Exhibit “A,” attached hereto and incorporated herein.
Section 2: This Resolution shall become effective upon adoption by the WRCOG Executive Committee.
PASSED AND ADOPTED by the Executive Committee of the Western Riverside Council of Governments on November 1, 2021.
___________________________ ___________________________ Karen Spiegel, Chair Kurt Wilson, Secretary
WRCOG Executive Committee WRCOG Executive Committee
Approved as to form:
___________________________
Steven DeBaun
WRCOG Legal Counsel
AYES: _______ NAYS: _______ ABSENT: _______ ABSTAIN: _______ 68 A.7.a
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BY-LAWS
FOR THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
ARTICLE I
SECTION 1.
Thes
e Bylaws are provided for the organization and administration of the Western Riverside Council of Governments which has been established under a Joint Powers Agreement (“JPA”).
These Bylaws supplement the Agreement. Capitalized terms shall have the same meaning as set forth in the JPA. In the event that the Bylaws conflict with the JPA, the JPA shall control.
ARTICLE II
GENERAL ASSEMBLY
SECTION 1. MEETINGS
A. Annual Meeting. The annual General Assembly shall meet in June. The locations and times of these meetings shall be determined by the Executive Committee.
B. Special Meetings. Special meetings of the General Assembly may be called by the Chair, or in his or her absence by the Vice- Chair, or in the absence of the Chair and the Vice - Chair, by the Second Vice-Chair, or a majority of the members of the member agencies.
SECTION 2. OFFICERS
A. Nomination and Election. The General Assembly shall elect, by a majority vote, the Chair, Vice-Chair, and Second Vice-Chair from members of the Executive Committee, provided he or she is first nominated by either the General Assembly or Executive Committee. The election of the Chair, Vice-Chair, and Second Vice-Chair shall be conducted annually by July 1, or as soon thereafter as possible.
B. Prohibition. The Chair, Vice-Chair, and Second Vice-Chair shall each be representatives from different General Assembly member agencies.
C. Term. The elected Chair, Vice -Chair, and Second Vice- Chair shall assume office at the annually on July 1 and each officer shall hold office for one year, or until his or her successor is elected.
D. Vacancy. Notwithstanding Article II, Section 2.C., if the office of the Chair, Vice- Chair or Second Vice-Chair becomes vacant, the resulting vacancy(s) shall be filled by the Vice- Chair and/or Second Vice- Chair, respectively and a new Second Vice- Chair shall be selected as set forth in Article II, Section 2.A. Notwithstanding the forgoing, the Executive Committee may choose to keep the position vacant until the annual selection of the Officers.
E. Removal. Notwithstanding Article II, Section 2.D., the Executive Committee may remove the Chair, Vice-Chair or Second Vice-Chair by majority vote. The resulting vacancy shall be filled in accordance with Article II, Section 2.D.
EXHIBIT A
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F. Duties of Chair.
1. The Chair shall, if present, preside at all meetings of the General Assembly , Executive Committee, or Administration & Finance Committee and shall exercise and perform such other powers and duties as may be from time to time assigned him or her by the Executive Committee or as prescribed herein.
2. In any case in which the execution of a document or the performance of an act is directed by action of the Executive Committee, the Chair, unless the act of the Executive Committee otherwise provides, is empowered to execute such document or perform such act.
3. At the beginning of the fiscal year, the Chair shall make appointments to the Administration & Finance Committee.
4. The Chair shall have the power to create and appoint ad hoc committees.
5. The Chair may call special meetings
G. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in his or her absence. When so acting, the Vice-Chair shall have all the powers of, and be subject to all the restrictions upon, the Chair.
H. Duties of Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Chair in the absence of the Chair and the Vice- Chair. When so acting, the Second Vice- Chair shall have all the powers of, and be subject to all the restrictions upon, the Chair.
I. Past-Chair. In the absence of the Chair, Vice-Chair, and Second Vice-Chair, the Chair of the Previous Year (the “Past Chair”) shall perform the duties of the Chair for that meeting only. When so acting, Past Chair shall have all the powers of, and be subject to all the restrictions upon, the Chair.
J. Chair Pro Tempore. In the absence of the Chair, Vice-Chair, Second Vice-Chair and the Past Chair, the Executive Director or designee shall open the meeting and the General Assembly, Executive Committee or Administration & Finance Committee, as applicable, shall choose one of its voting members to chair the meeting for that day only.
SECTION 3. VOTING
A. In General. Each voting representative of a General Assembly Member Agency shall have one vote as set forth in Section 2.4.1 of the Joint Powers Agreement.
B. Quorum. The General Assembly shall act only upon a majority of those members present at the meeting. A quorum shall be the majority of the total representatives of each General Assembly Member Agency, provided that a voting representative of a majority of the General Assembly Member Agencies are present.
ARTICLE III
EXECUTIVE COMMITTEE
SECTION 1. MEMBERSHIP
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A. The Executive Committee will be composed of the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, and the President of each wat er district. Any City Council, at its discretion, can appoint a Mayor Pro Tem or other city council member in place of the Mayor. Each water district board, at its discretion, can appoint anot her board member in place of the President. Those members under this Section 1.A shall be referred to herein as “Regular Members.”
B. Each regular member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the member agency such alternate represents.
For the Board of Supervisors, the Board of Supervisor’s member not serving under Section A above, shall serve as an alternate to the members of the Board of Supervisors. The name of the alternate members shall be on file with the Secretary of the Executive Committee. During the absence of the regular member from a committee meeting, the alternate member from such agency shall assume all rights and duties of the absent regular member. Those members under this Section 1.B shall be referred to herein as “Alternate Members.”
SECTION 2. OFFICERS
A. Officers and Duties . The officers of the Executive Committee shall be the Chair, Vice - Chair, and Second Vice- Chair of the General Assembly. The Chair, Vice- Chair, and Second Vice-Chair shall perform the same duties set forth in Article II.
B. Absence. If a jurisdiction misses three consecutive regular meetings, said jurisdiction shall be notified of these by the Executive Director.
SECTION 3. MEETINGS
The Executive Committee shall meet in accordance with the meeting schedule adopted by the Executive Committee, as may be revised from time to time.
SECTION 4. QUORUM
The Executive Committee shall act only upon a majority of those members present at the meeting.
A quorum shall consist of a majority of the voting members of the Executive Committee.
SECTION 5. VOTING
Each member city present shall have one vote in the Executive Committee, each County Supervisor present shall have one vote, and each member water district present shall have one vote. Only Regular Members present, or Alternates Members acting when the Regular Member is absent, may vote. As set forth in the JPA , the water districts members do not vote on TUMF matters.
SECTION 6. POWERS AND FUNCTIONS
A. To prepare and recommend to the General Assembly a yearly budget for funds and distribution, and to determine the estimated share of contributions from each member agency.
B. To administer, manage, contract for, and handle the financing of the studies, projects and programs.
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C. To exercise the powers of the Joint Powers Agreement between sessions of the General Assembly.
D. To select and employ an Executive Director who shall be the Chief Administrative Officer of WRCOG and who shall have administrative supervision over all WRCOG employees. The Executive Committee shall establish personnel rules and regulations.
E. To appoint standing and ad hoc committees.
F. To establish and operate a business office for WRCOG.
G. To provide for additional ex-officio, non-voting members, as deemed appropriate for the effective conduct of the business of the organization.
SECTION 7. POLICY REGARDING CONFIDENTIAL INFORMATION DISCLOSED DURING
CLOSED SESSIONS
The Executive Committee recognizes that, from time to time, it is vital that members of the Executive Committee divulge certain privileged information obtained in WRCOG closed sessions to their own governing bodies . Thus, WRCOG adopts the policy set forth in Government Code Section 54956.96 which authorizes the disclosure of closed session information that has direct financial liability. Such information can only be disclosed during closed session meetings of the member agency
A. All information received by the legislative body of the member agency in a closed session related to the information presented to WRCOG in closed session shall be confidential. However, a member of the legislative body of a member agency, or his/her duly appointed alternate under the JPA, may disclose information obtained in a closed session that has direct financial or liability implications for that member agency to the following individuals:
1. Legal counsel of that member agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that member agency.
2. Other members of the legislative body of the member agency present in a closed session of that member agency, as well as other persons that may be invited to attend the closed session by the member agency’s legislative body.
B. The legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and/or take action concerning information obtained in a closed session of WRCOG pursuant to this Policy.
ARTICLE IV
OTHER COMMITTEES
SECTION 1. TECHNICAL ADVISORY COMMITTEE
A. Duties. The Technical Advisory Committee (TAC) shall interface with WRCOG staff, review staff reports, consider staff recommendations, provide recommendations to the Executive Committee, and perform such other duties as may be delegated to it.
B. Meetings. The TAC may meet once a month or as it is deemed necessary. 72 A.7.a
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C. Membership. The TAC is comprised of an executive from the County of Riverside, the City Manager from each of WRCOG’s member cities, the General Manager from each of WRCOG’s member water districts , and the Executive Director from the March Joint Powers Authority. A City Manager, Water District General Manager, and Executive Director from the March JPA may appoint an alternate who is a department head of the agency.
D. Quorum. The TAC shall act only upon a majority of those members present at the meeting. A quorum shall consist of a majority of t he members of the TAC. Each representative shall have one vote, except that members of the water districts shall not vote on TUMF matters.
SECTION 2. ADMINISTRATION & FINANCE COMMITTEE
A. Duties. The Administration & Finance Committee shall provide budget and finance overview for WRCOG, review staff recommendations on WRCOG programs prior to consideration by the Executive Committee, and provide advice on other matters to the Executive Committee as needed. The Administration & Finance Committee shall have the authority (i) to increase the WRCOG budget in any category up to fifteen percent (15%); and (ii) to authorize contracts up to $200,000 when the contract requires execution prior to the next regularly scheduled Executive Committee meeting.
B. Meetings. The Administration & Finance Committee may meet once a month or as it is deemed necessary.
C. Membership. The Administration & Finance Committee shall be composed of the Executive Commi ttee Chair , the Executive Committee Vice- Chair, the Executive Committee Second Vice -Chair, the Past Executive Committee Chair , and seven other members of the Executive Committee selected by the Executive Committee Chair. When selecting members of the Administration & Finance Committee, the Executive Committee Chair is encouraged to consider geographic balance. At least two members of the Board of Supervisors shall be members of the Administration & Finance Committee. At least one member shall be a water district representative.
D. Quorum and Voting . The Administration & Finance Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the members of the Committee. Each member present shall have one vote, except that members representing the water districts shall not vote on TUMF matters.
E. Term and Removal. Appointments to the Administration & Finance Committee shall be for a one -year term ending on June 30 of the fiscal year (July to June) in which the appointments are made or until new members are appointed. The process set forth below applies should the Chair wish to remove a Board member appointed (“Appointee”) during the one-year term of the appointment. The process does not apply to the Chair’s decision not to reappoint an Appointee at the end of the Appointee’s one-year term.
1. The Chair shall provide Appointee with written notice of the Chair’s decision to remove the Appointee from the appointment.
2. The notice shall be provided to Appointee through WRCOG’s Executive Director and shall include a brief statement of why removal is sought, which reason may 73 A.7.a
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include, without limitation, three or more consecutive absences of regular committee meetings. The notice shall be delivered to the email address, if any, provided by Appointee as well as by first class mail to the Clerk of the City / County appointing Appointee to the WRCOG Executive Committee and Appointee’s mailing address.
3. The removal shall be effective on the 15th day after WRCOG’s Executive Director sends notice to Appointee unless Appointee provides notice to the WRCOG Executive Director, prior to the expiration of such 15-day period, of his or her desire to contest the removal.
4. In the event that the removal is contested, the removal shall be stayed and the Executive Director shall schedule an Administration & Finance Committee meeting at which both the Chair and Appointee may present their arguments for and against removal. Based thereon, the A dministration & Finance Committee shall either uphold or reject the removal. The decision of the Administration & Finance Committee shall be final.
5. If the removal is not contested or is approved by the Administration & Finance Committee, the Chair may appoint another Executive Committee Regular Member to fill the remainder of the Appointee’s term. The appointment of the new member shall comply with the membership requirements set forth in Section C, above. The term of the newly appointed member shall expire on June 30 of the fiscal year in which the appointment is made.
This section 2.E shall only apply to appointments made by the Chair to the seven open seats on the Administration & Finance Committee and not to the four ex- officio members of the Committee.
ARTICLE V
EXECUTIVE DIRECTOR AND GENERAL COUNSEL
SECTION 1. EXECUTIVE DIRECTOR
A. Duties. The Executive Director shall be responsible for the overall management of WRCOG and has the necessary and full authority to effect this responsibility subject to the Executive Committee’s oversight, any policies and directives issued by the Committee, and as called upon pursuant to the WRCOG JPA Agreement. The Executive Director shall be a full -time officer. The appointment and employment of the Executive Director shall be overseen by the Administration & Finance Committee and confirmed by the Executive Committee as set forth in Section B below. In addition to those set forth in the Joint Powers Agreement, the powers and du ties of the Executive Director, subject to oversight by the Executive Committee, are:
1. To administer the personnel system, including contract employees of WRCOG.
2. To administer all WRCOG contracts, except as set forth in Article V .2.B (General Counsel).
3. To cause to be prepared by a Certified Public Accountant and to submit to the Executive Committee as soon as practical after the end of each fiscal year a post- audit of the financial transactions and records of WRCOG for the preceding year. 74 A.7.a
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4. To keep the Executive Committee advised as to the needs of WRCOG.
5. To have full charge of the administration of the business affairs of WRCOG., including the review and rejection of claims.
6. To see that all ordinances, rules and regulations, motions, or resolutions are enforced.
7. To accept, on behalf of WRCOG, easements and other property rights and interests.
8. To be responsible for the purchase of all supplies and equipment of WRCOG.
9. To provide for the clerical services required by WRCOG including keeping a book of minutes of all meetings of WRCOG, giving notice of all meetings as may be required by law or action of WRCOG, and (h) perform such other duties as may be prescribed by motion, ordinance, or resolution of WRCOG.
10. To take any or all of the following actions in relation to employees of WRCOG:
a) To hire employees at the appropriate salary range as determined by the Executive Committee.
b) To promote, transfer, suspend with or without pay, or discharge any employee in accordance with applicable rules and policies
11. To make disbursements of WRCOG funds consistent with the annual budget, as may be amended by the Executive Committee from time to- time. The Executive Director shall have such other duties, powers and responsibilities as may from time to time be assigned by the Executive Committee or General Assembly.
12. To accept grants on behalf of WRCOG.
13. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly.
14. To serve as Secretary of the General Assembly and of the Executive Committee.
15. To attend meetings of the General Assembly, Executive Committee , Administration & Finance Committee, and other standing and ad hoc committees.
16. To perform such other and additional duties as the Executive Committee may require.
B. Selection, Oversight and Termination.
a) Selection.
1. Upon a vacancy or expected vacancy of the position of the Executive Director, the Administration & Finance Committee shall be responsible for 75 A.7.a
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directing the recruitment of Executiv e Director candidates, subject to the direction and oversight of the Executive Committee.
2. Following recruitment, the Administration & Finance Committee may appoint an ad hoc to interview potential candidates with a goal of presenting two or three c andidates to the Administration & Finance Committee for consideration.
3. The Administrative & Finance Committee shall then interview potential candidates recommended by the ad hoc committee with a goal of recommending one or two candidates to the Executi ve Committee for consideration as set forth in Step 4, below.
4. If the Administration & Finance Committee decides not to appoint an ad hoc committee, Step 2 shall be skipped and the process shall proceed directly to Step 5, below.
5. If the Administrati on & Finance Committee decides not to appoint an ad hoc committee provided for in Step 2, below, the Administration & Finance Committee shall interview potential candidates with a goal of recommending one or two candidates to the Executive Committee for consideration.
6. The Executive Committee shall then make the final selection and oversee the negotiation of a employment contract.
7. The Executive Committee may approve deviations from the process set forth above.
b. Oversight. Under the direction of the Executive Committee, the Administration & Finance Committee shall be primarily responsible for the oversight of the Executive Director. A performance review shall be performed annually or more frequently by the Administration & Finance Committee and then by the Executive Committee.
Any changes in employment terms, included changes in compensation or benefits, shall be approved by the Executive Committee.
c. Termination. The Executive Director may be terminated pursuant to the terms of the Executive Director’s employment contract by the Executive Committee on its own motion or upon recommendation of the Administration & Finance Committee.
C. Contracting. The Executive Director is authorized to contract and execute on behalf of WRCOG, contracts, including contracts for supplies, equipment and materials, and consultants, not to exceed $100,000, provided the contract relates to purposes previously approved and budgeted by the General Assembly or Executive Committee.
SECTION 2. GENERAL COUNSEL
A. Duties of General Counsel. The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than 10 years preceding appointment.
The General Counsel shall represent and advise the General Assembly, Executive 76 A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT) Updated through November 1, 2021
Committee, Administration & Finance Committee and the Executive Director on legal matters actions, or proceedings in which WRCOG is concerned, or interested, or is a party.
B. The General Counsel shall be selected and overseen by the Executive Committee . The power to terminate the General Counsel shall rest exclusively with the Executive Committee.
ARTICLE VI
DEFINITION OF WESTERN RIVERSIDE AREA
The boundaries of WRCOG shall be defined according to the legal description attached hereto as Exhibit “A.”
ARTICLE VII
AMENDMENTS
These Bylaws and any amendments thereto may be amended by the General Assembly, by majority vote. Proposed amendments shall be submitted, in writing, to members of the General Assembly along with the agenda for such meeting.
ARTICLE VII
REVIEW OF BYLAWS
It is the intent of the Executive Committee and General Assembly that these Bylaws shall be reviewed by the Administration & Finance Committee at least every 4 years, or sooner if determined necessary Following review, the Bylaws, along with any recommended updates, shall be presented to the Executive Committee. If changes are approved by the Executive Committee, the changes shall be effective immediately, provided that any changes shall be presented to the General Assembly as soon thereafter as practical for confirmation. 77 A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
6. The Executive Committee shall then make the final selection and oversee the negotiation of an employment contract.
7. The Executive Committee may approve deviations from the process set forth above.
b) Oversight. Under the direction of the Executive Committee, the Administration & Finance Committee shall be primarily responsible for the oversight of the Executive Director. A performance review shall be performed annually or more frequently by the Administration & Finance Committee and then by the Executive Committee. Any changes in employment terms, including changes in compensation or benefits, shall be approved by the Executive Committee.
c) Termination. The Executive Director may be terminated pursuant to the terms of the Executive Director’s employment contract by the Executive Committee on its own motion or upon recommendation of the Administration & Finance Committee.
C. Contracting. The Executive Director is authorized to contract and execute on behalf of WRCOG, contracts, including contracts for supplies, equipment and materials, and consultants, not to exceed $100,000, provided the contract relates to purposes previously approved and budgeted by the General Assembly or Executive Committee.
SECTION 2. GENERAL COUNSEL
A. Duties of General Counsel . The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than 10 years preceding appointment. The General Cou nsel shall represent and advise the General Assembly, Executive Committee, Administration & Finance Committee, and the Executive Director on legal matters , actions, or proceedings in which WRCOG is concerned, or interested, or is a party.
B. The General Counsel shall be selected and overseen by the Executive Committee.
The power to terminate the General Counsel shall rest exclusively with the Executive Committee.
ARTICLE VI
DEFINITION OF WESTERN RIVERSIDE AREA
The boundaries of WRCOG shall be defined accor ding to the legal description attached hereto as Exhibit “A.”
78 A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
ARTICLE VII
AMENDMENTS
These Bylaws and any amendments thereto may be amended by the General Assembly, by majority vote. Proposed amendments shall be submitted, in writing, to members of the General Assembly along with the agenda for such meeting.
ARTICLE VIII
REVIEW OF BYLAWS
It is the intent of the Executive Committee and General Assembly that these Bylaws shall be reviewed by the Administration & Finance Committee at least every 4 years, or sooner if determined necessary . Following review, the Bylaws, along with any recommended updates, shall be presented to the Executive Committee. If changes are approved by the Executive Committee, the changes shall be effective immediately, provided that any changes shall be presented to the General Assembly as soon thereafter as practical for confirmation.
79 A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
Signature Sheets for Amendment to WRCOG JPA: Revised November 1, 2021
ATTEST: COUNTY OF RIVERSIDE
Clerk of the Board of Supervisors
By: ______________________________ By: ______________________________ Chairman, Board of Supervisors
Dated: ___________________________
ATTEST: CITY OF BANNING
City Clerk
City of Banning
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF BEAUMONT
City Clerk
City of Beaumont
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF CALIMESA
City Clerk
City of Calimesa
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
Signature Sheets for Amendment to WRCOG JPA: Revised November 1, 2021
ATTEST: CITY OF CANYON LAKE
City Clerk
City of Canyon Lake
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF CORONA
City Clerk
City of Corona
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF EASTVALE
City Clerk
City of Eastvale
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF HEMET
City Clerk
City of Hemet
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
Signature Sheets for Amendment to WRCOG JPA: Revised November 1, 2021
ATTEST: CITY OF JURUPA VALLEY
City Clerk
City of Jurupa Valley
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF LAKE ELSINORE
City Clerk
City of Lake Elsinore
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF MENIFEE
City Clerk
City of Menifee
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF MORENO VALLEY
City Clerk
City of Moreno Valley
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
Signature Sheets for Amendment to WRCOG JPA: Revised November 1, 2021
ATTEST: CITY OF MURRIETA
City Clerk
City of Murrieta
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF NORCO
City Clerk
City of Norco
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF PERRIS
City Clerk
City of Perris
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF RIVERSIDE
City Clerk
City of Riverside
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
Signature Sheets for Amendment to WRCOG JPA: Revised November 1, 2021
ATTEST: CITY OF SAN JACINTO
City Clerk
City of San Jacinto
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF TEMECULA
City Clerk
City of Temecula
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
ATTEST: CITY OF WILDOMAR
City Clerk
City of Wildomar
By: ______________________________ By: ______________________________ Mayor
Dated: ___________________________
A.7.a
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Attachment: Attachment A- Amended Agreement (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT) Item 6.B
Western Riverside Council of Governments
Executive Committee
Staff Report
Subject:
Updates to WRCOG JPA and Bylaws
Contact:
Dr. Kurt Wilson, Executive Director,
[email protected]
, (951) 405-6701
Date:
November
1, 2021
Requested Action(s)
:
1 .
Direct staff to forward the JPA Amendment to WRCOG member agencies for their approval. 2 .
Adopt Resolution Number 25-21; A Resolution of the Executive Committee of the Western Riverside Council of Governments amending its Bylaws.
Purpose
:
The purpose of this item is to present an updated version of the WRCOG Joint Powers Agreement and Bylaws.
These updates were made based on direction from a subcommittee tasked with reviewing both documents.
WRCOG 2022-2027 Strategic Plan Goal
:
Background
:
The practices, role, and needs of WRCOG have evolved over the past three decades. The processes outlined in the formation document (Joint Powers Agreement) and the operational document (Bylaws) should be updated from time to time in order to capture changes in the needs, intent, and focus of the Executive Committee. This agenda item proposes updates to both documents.
Earlier this summer, a subcommittee comprised of Vice-Chair Crystal Ruiz, Committee member Brian Tisdale, Committee member Ben Benoit, and immediate Past Chair Kevin Bash met to evaluate and propose changes to WRCOG's Bylaws. The group met over a series of months and identified several substantive changes along with several formatting and/or stylistic changes.
Upon completion of their work on the Bylaws, Chair Spiegel tasked the group with performing a similar task with the Joint Powers Agreement – the parent document to the Bylaws. The group convened and has completed its work.
Both documents are attached as proposed (clean) version and redline version.
A partial list of key changes to the JPA is listed below. For the full scope of changes, please see the attached red line document (Attachment 1) (list of substantive changes). The changes are intended to:
1 .
Remove references to the membership of the Morongo Band of Mission Indians. 1 A.7.b
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Attachment: Attachment B- WRCOG Staff Report (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT) 2 .
Modernize language and processes, including removal of references to use of member agency employees to perform day-to-day WRCOG Agency business.
3 .
Completely revise indemnity language to better articulate WRCOG responsibility to indemnify member agencies.
4 .
Remove outdated arbitration provision.
A partial list of key changes to the Bylaws is listed below. For the full scope of changes, please see the attached red line document (Attachment 3) (list of substantive changes). The changes are intended to:
1 .
Clarify the role of the Chairperson to include, without limitation, the power to execute documents or take other actions as directed by the Executive Committee, make appointments to the Administration & Finance Committee, create and appoint to ad hoc committees, and call special meetings.
2 .
Clarify which official will preside over the meeting when the Chair is absent. Designates the Past Chair to preside over the meeting if the Chair, Vice-Chair, and Second Vice-Chair are absent. 3 .
Clarify the duties of the Executive Director and General Counsel and the Executive Committee’s ultimate oversight authority over the Executive Director and General Counsel. Duties of the Executive Director include:
a
.
Administration of personnel system
b
.
Administration of contracts
c
.
Preparation of audit by outside auditor
d
.
Enforcement of policies, rules and regulations, motions, or resolutions e
.
Preparation and implementation of budget
4 .
Establish the selection, oversight, and termination process of the Executive Director and General Counsel.
5 .
Update gender references.
6 .
Make various non-substantive language changes for clarity.
Prior Action(s)
:
October 13, 2021
:
The Administration & Finance Committee recommended that the Executive Committee 1) direct staff to forward the JPA Amendment to WRCOG member agencies for their approval; and 2) adopt Resolution Number 25-21; A Resolution of the Executive Committee of the Western Riverside Council of Governments amending its Bylaws.
Fiscal Impact
:
This item is for informational purposes only; therefore, there is no fiscal impact.
Attachment(s)
:
Attachment 1 - JPA - red lined
Attachment 2 - JPA - clean
Attachment 3 - Bylaws - red lined
Attachment 4 - Resolution Number 25-21 Amending the Bylaws 2 A.7.b
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Attachment: Attachment B- WRCOG Staff Report (5903 : WRCOG AMENDED JOINT POWERS AGREEMENT)
Report to City Council
ID#5931 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: September 6, 2022
TITLE: PROPOSED CITY OF MORENO VALLEY LEGISLATIVE
ADVOCACY PLATFORM
RECOMMENDED ACTION
Recommendation:
1. Approve the proposed City of Moreno Valley Legislative Advocacy Platform.
SUMMARY
This report recommends City Council approval of the City of Moreno Valley Legislative Advocacy Platform. The Legislative Ad vo ca cy Platform outlines the City’s position on priority issues and provides a comprehensive approach to allow staff to take immediate action on pressing legislation under City Council direction.
DISCUSSION
The City Council amends the Legislative Platform as needed. The Platform establishes legislative priorities and serves as a vehicle for the City to pursue regional, state, and federal legislative objectives in the most efficient and effective manner. The Platform provides City officials and staff with direction to engage in advocacy efforts on bills that are of critical importance to the City, precluding the need to agendize each individual bill under consideration. The legislative priorities are identified by category to encompass the objectives of the City Council and the interests of the City of Moreno Valley. Platform categories include:
1. Community and Economic Development – To support activities that promote job creation and economic growth.
2. Environment and Public Health – To safeguard the environment and A.8
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