MINUTES
CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY October 4, 2022
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CALL TO ORDER - 5:30 PM
SPECIAL PRESENTATIONS
1. PROCLAMATION RECOGNIZING PUBLIC POWER WEEK, OCTOBER 2 -8, 2022
2. PROCLAMATION RECOGNIZING FIRE PREVENTION WEEK “FIRE WON’T WAIT. PLAN YOUR ESCAPE” OCTOBER 9-15, 2022
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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
October 4, 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 A uthority, 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 announced that the City Council receives a separate stipend for CSD meetings.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Gutierrez.
INVOCATION
Invocation was led by Pastor Dave Carlson from Moreno Christian Assembly.
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
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Roll Call
INTRODUCTIONS
Staff: Jane Halstead Manager of the Office of the Mayor and City Council/City Clerk
Paul Bradvica Deputy City Clerk
Steven Quintanilla Interim City Attorney
Mike Lee City Manager
Brian Mohan 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 and Community Services Director
Ken Reichle Chief of Police
Dave Rodriguez Battalion Chief
PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER
THE JURISDICTION OF THE CITY COUNCIL
Jorge Zavala
1. Supported Candidate Ulises Cabrera.
Jaime Hurtado
1. Promoted upcoming job fair.
Martin Cabrera Sr.
1. Supported Candidate Ulises Cabrera for Mayor.
Martin Cabrera Jr.
1. Supported Candidate Ulises Cabrera for Mayor.
Lindsay Robinson
1. Critical of Mayor Gutierrez.
Linda Thomas
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1. Critical of Council Member Marquez and Council Member Cabrera.
Elmer Thomas
1. Critical of Council Member Marquez and Council Member Cabrera.
Russel Shafer
1. Critical of Council Member Cabrera.
2. Supported Jaime Hurtado for Mayor.
Bob Palomarez
1. Critical of Council Member Cabrera.
Debra Craig
1. Encouraged residents to vote in the November Election.
David Nielsen
1. Asked for support of The Hole in Wall Organization.
Benjamin Shuler
1. Represented The Hole in Wall Organization.
Christopher Baca
1. Encouraged residents to research before voting.
Logan C. Morton
1. Inquired what will be done about oppressive systems in the City.
Louise Palomarez
1. Critical of Council Member Marquez and Council Member Cabrera.
Roy Bleckert
1. Critical of Council Member Marquez and Council Member Cabrera.
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 -5-
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 - Closed Session - Sep 20, 2022 4:30 PM Recommendation:
1. Approve as submitted.
A.3. City Council - Regular Meeting - Sep 20, 2022 6:00 PM Recommendation:
1. Approve as submitted.
A.4. City Council - Closed Session - Sep 6, 2022 4:30 PM Recommendation:
1. Approve as submitted.
A.5. COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023 FROM JULY 1, 2022 THROUGH AUGUST 31, 2022. (Report of: City Clerk)
Recommendation:
1. Receive and file the Fiscal Year 202 2/2023 Council Discretionary Expenditure Report for July 1, 2022 through August 31, 2022.
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A.6. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO HARDY & HARPER, INC. FOR PAVEMENT REHABILITATION FOR VARIOUS
LOCAL STREETS – CDBG FY 2022 -23, PROJECT NO. 801 0094 (Report of: Public Works)
Recommendations:
1. Award a construction contract to Hardy & Harper, Inc. for the Pavement Rehabilitation for Various Local Streets - CDBG FY 2022/23 project and authorize the City Manager to execute a contract in substantial conformance with the attached contract in the a mount of $ 1,169,800.00, 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 G3 Quality, Inc. to provide material testing an d geotechnical services for the Pavement Rehabilitation for Various Local Streets – CDBG FY 2022/23 project and authorize the City Manager to execute the agreement with G3 Quality, Inc. in the amount of $ 54,313.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
3. Authorize the issuance of a Purchase Order to Hardy & Harper, Inc. in the amount of $ 1,269,800.00 (bid amount plus a contingency of $100,000.00) and a Purchase Order to G3 Quality, Inc. in the amount of $54,313.00 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
4. Authorize the Public Works Direct or/City En gineer to execute any subsequent change orders to Hardy & Harper’s contract not exceeding the contingency of $ 100,000.00, subject to the approval of the City Attorney.
5. Authorize a budget adjustment as set forth in the fiscal impact section of this report.
A.7. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J.
NOBLE COMPANY FOR CITYWIDE PAVEMENT REHABILITATION
PROGRAM FY 26/27 TO FY 30/31 (ARTERIAL AND COLLECTOR
STREETS), PROJECT NO. 801 0097 (Report of: Public Works) Recommendations:
1. Award a cons truction contract to R. J. Noble Company for the Citywide Pavement Rehabilitation Program - FY 2 6/27 to FY 30/31 -7-
(Arterial and Collector Streets) project and authorize the City Manager to execute a contract in substantial conformance with the att ached contract with R. J. Noble Company in the amount of $18,7 72,997.50, 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 t o Z&K Consultants, Inc. to provide construction management and inspection services for the Citywide Pavement Rehabilitation Program - FY 26/27 to FY 30/31 (Arterial and Collector Streets) project and authorize the City Manager to execute the agreement with Z&K Consultants in the amount of $4 49,376.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
3. Award an agreement for Professional Consultant Service to Koury Engineering & Test ing, Inc. to provide material testing and geotechnical services for the Citywide Pavement Rehabilitation Program - FY 2 6/27 to FY 30 /31 (Arterial and Collector Streets) project and authorize the City Manager to execute the agreement with Koury Engineering & Testing, Inc. in the amount of $ 236,700.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
4. Authorize the issuance of a Purchase Order to R. J. Noble Company in the amount of $19,272,997.50 (bid amount plus a contingency of $500,000.00), a Purchase Order to Z&K Consultants , Inc. in the amount of $ 449,376.00, and a Purchase Order to Koury Engineering & Testing, Inc. in the amount of $ 236,700.00 necessary for completing the const ruction of this project, funded by Capital Project Reimbursement Funds (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 $ 500,000.00 subject to the approval of the City Attorney.
A.8. AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL CONTROLLER COMPUTER PROCESSING UNIT FOR PROJECT 808 0013 (Report of:
Public Works)
Recommendation:
1. Authorize the issuance of a Purchase Order to McCain, Inc. f or a not- to
exceed amount of $119,611.80, funded by Measure A Funds (2001).
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A.9. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL
AMERICAN ASPHALT FOR CITYWIDE PAVEMENT REHABILITATION
PROGRAM FY 26/27 TO FY 30/31 (LOCAL STREETS), PROJECT NO. 80 1 0090 (Report of: Public Works)
Recommendations:
1. Award a construction contract to All American Asphalt for the Citywide Pavement Rehabilitation Program FY 26/27 to FY 30/31 (Local Streets) and authorize the City Manager to execute a contract in substantial conformance with the attached contract in the amount of $11,097,080.00, 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 G3 Quality, Inc. to provide material testing and geotechnical services for the Citywide Pavement Rehabilitation Program FY 26/27 to FY 30/31 (Local Streets) and authorize the City Manager to execute the agreement with G3 Quality, Inc. in the amount of $205,497.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
3. Authorize the issuance of a Purchase Order to All American Asphalt in the amount of $11,297,080.00 (bid amount plus a contingency of $200,000.000) and a Purchase Order to G3 Quality, Inc. in the amount of $205,497.00 necessary for completing the construction of this project, funded by Senate Bill 1 (SB1) Funds (2000A), Gas Tax Funds (2000), Measure A Funds (2001), and C apital Pro ject Reimbursement Funds (Fund 3008);
4. Authorize the Public Works Director/City Engineer to execute any subsequent change orders to All American Asphalt’s contract not exceeding the contingency of $200,000.00, subject to the approval of the City Attorney; and
5. Authorize CFO to approve a budget adjustment as set forth in the fiscal impact section of this report.
A.10. REAFFIRMATION OF HOUSING ELEMENT FINDINGS AND
DETERMINATIONS (Report of: Community Development)
Recommendation: That the City Council:
1. APPROVE Resolution No. 2022 -67 Memorializing and Reaffirming Certain Housing Element Findings and Determinations as Approved by Resolution No. 2021-47.
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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 - SEP 20, 2022 4:30 PM Recommendation:
1. Approve as submitted.
B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEP 20, 2022 6:00 PM Recommendation:
1. Approve as submitted.
B.4. MINUTES - CITY COUNCIL - CLOSED SESSION - SEP 6, 2022 4:30 PM Recommendation:
1. Approve as submitted.
B.5. PURSUANT TO LA NDOWNER PE TITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021 -01 (PARKS
MAINTENANCE) - AMENDMENT NOS. 40, 41 and 43-46 (RESO. NOS. CSD 2022- 58 to CSD 2022-63) (Report of: Financial & Management Services) Recommendation:
1. Adopt Resol ution No. 2022-58, 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. 40) (12360 Yuma Court Land Trust, located at 12360 Yuma Ct.).
2. Adopt Resolution No. 2022 -59, a Resolution of the Board for the Moreno Valley Community Services District of the City of Mor eno 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. 41) (Jonathan R. and Raquel B. Urmeneta Hoove r, located at 12273 Turton Ln.).
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3. Adopt Resolution No. 2022 -60, 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 Fa cilities D istrict No. 2021-01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 43) (Roman Romero and Alicia L. Palomino, located at 25476 Kalmia St.).
4. Adopt Resolution No. 2022 -61, 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 (Amend ment No. 44) (Salvador Rangel and Gloria Casillas, located at 22800 Bay Ave.).
5. Adopt Resolution No. 2022 -62, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of t erritory t o City of Moreno Valley Community Facilities District No. 2021 -01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 45) (Rosalba and Miguel Angel Peraza, located at 23268 Lawless Rd.).
6. Adopt Resolution No. 2022 -63, 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 a mended map for said District (Amendment No. 46) (Alberto Zaragoza, located at 25469 Lupine Ln.).
B.6. APPROVE AND EXECUTE PROFESSIONAL CONSULTANT AGREEMENT FOR PARKS, COMMUNITY SERVICES & TRAILS MASTER PLAN (Report of: Parks & Community Services)
Recommendations: That the City Council and CSD:
1. Award a Professional Consultant Services Agreement for the Parks, Community Services, and Trails Master Plan to KTU&A in the amount not to exceed $240,000.
2. Authorize the City Manager to execute an agreement with KTU&A for the Parks, Community Services, and Trails Master Plan and issue the associated Purchase Order once the Agreement has been fully executed.
3. Authorize the City Manager to execute any subsequent related Extensions or Amendments to the Agreement, subject to approval of the City Attorney.
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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 - SEP 20, 2022 4:30 PM Recommendation:
1. Approve as submitted.
C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEP 20, 2022 6:00 PM Recommendation:
1. Approve as submitted.
C.4. MINUTES - CITY COUNCIL - CLOSED SESSION - SEP 6, 2022 4:30 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 - SEP 20, 2022 4:30 PM Recommendation:
1. Approve as submitted.
D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEP 20, 2022 6:00 PM Recommendation:
1. Approve as submitted.
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D.4. MINUTES - CITY COUNCIL - CLOSED SESSION - SEP 6, 2022 4:30 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 - SEP 20, 2022 4:30 PM Recommendation:
1. Approve as submitted.
E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - SEP 20, 2022 6:00 PM Recommendation:
1. Approve as submitted.
E.4. MINUTES - CITY COUNCIL - CLOSED SESSION - SEP 6, 2022 4:30 PM Recommendation:
1. Approve as submitted.
F. PUBLIC HEARINGS
None.
G. GENERAL BUSINESS
None.
H. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR
SEPARATE ACTION
None.
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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 March Joint Powers Commission meeting held on September 28 th, the Commission heard an update on the 452nd Security Forces Squadron at March Air Reserve Base.
They also received a progress report on our local Foreign Trade Zone, a federal program that encourages American import / export businesses by minimizing customs fees for participating companies.
Riverside County Habitat Conservation Agency (RCHCA)
None.
Riverside County Transportation Commission (RCTC)
None.
Riverside Transit Agency (RTA)
None.
Western Riverside Council of Governments (WRCOG)
Mayor Pro Tem Delgado reported the following:
Items covered at the WRCOG Executive Committee meet ing on October 3, 2022 included the WRCOG Executive Committee adopting the Unclaimed Refund Policy and Procedure for the PACE Program.
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All unclaimed PACE refunds will be forwarded to the State where they can be perpetually available for property owners or their heirs to submit valid claims.
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
1. Commended the Mayor and City Council for their leadership and support of the Pavement Rehabilitation Project.
2. Encouraged residents to attend the Moreno Valley Job Fair.
CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY
SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUN ITY
REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.
Council Member Cabrera
1. Recounted his attendance of the Homes for our Troops Event.
2. Discussed road work occurring in the City.
3. Informed residents of different legislation that was passed at the state level.
4. Voiced his support to apply for additional homeless assistance programs.
5. Encouraged residents to attend City and MVUSD Events.
6. Touched on comments made by residents.
7. Voiced his excitement for the future of the City.
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Council Member Elena Baca Santa Cruz
1. Stated there is no policy regarding excused absences.
2. Recounted attendance of the Home for Our Troops Event and Hispanic Heritage Event.
3. Reminded residents of the City's program providing free smoke and carbon monoxide alarms.
4. Asked Mayor Gutierrez to have the meeting adjourned in honor of her mother, the late Mayor Pro Tem, Victoria Baca.
5. Thanked her late mother for her leadership in the City.
Mayor Pro Tem Delgado
1. Commended Council Member Baca- Santa Cruz for her strength when talking about her late mother.
2. Stated he is not running a campaign and pledges to attend and represent the City at as many events as he can.
3. Recounted various City events he attended.
4. Encouraged residents to utilize the City's free dump day.
Mayor Gutierrez
1. Thanked Council Member Baca- Santa Cruz for representing the City at the Home for our Troops Event.
2. Announced the City will be having its largest park renovation project.
3. Thanked the City's Public Safety team.
4. Encouraged residents to attend and participate in the City's Día de los Muertos event.
5. Stated the meeting will be closed in memory of the late Mayor Pro Tem, Victoria Baca.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Gutierrez adjourned the meeting in honor of the late Mayor Pro Tem, Victoria Baca, at 7:02 p.m.
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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 during normal business hours.
There being no further business to come before the City Council , Mayor Gutierrez adjourned the meeting at 7:02 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