Moreno Valley City Council
January 17, 2023

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Conditional Use Permit (PEN20-0173)
Tentative Tract Map (PEN20-0172)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. Any expansion to this use or exterior alterations will require the submittal of a separate
application(s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)

2. This approval shall expire three years after the approval date of this project unless used
or extended as provided for by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter pursued to completion, or the beginning of substantial utilization contemplated by this approval. (MC 9.02.230)

3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)

4. Any signs indicated on the submitted plans are not included with this approval. Any signs,
whether permanent (e.g. wall, monument) or temporary (e.g. banner, flag), require separate application and approval by the Planning Division. No signs are permitted in the public right of way. (MC 9.12)

5. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.

6. A change or modification to the land use or the approved site plans may require a separate
approval. Prior to any change or modification, the property owner shall contact the City of Moreno Valley Community Development Department to determine if a separate approval is required.

7. The Developer shall defend, indemnify and hold harmless the City, city council, commissions,
boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.

8. The site shall be developed in accordance with the approved plans on file in the Community
Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Official. (MC

9.14.020)
Special Conditions

9. Prior to recordation of the final subdivision map, the following documents shall be submitted
to and approved by the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approval:
a. The document to convey title
b. Deed restrictions, easements, or Covenants, Conditions and Restrictions to be recorded
The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for general maintenance of the site, joint access to proposed parcels, open space use restrictions, conservation easements, guest parking, feeder trails, water quality basins, lighting, landscaping and common area use items such as general building maintenance (apartments, condominiums and townhomes) tot lot/public seating areas and other

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) recreation facilities or buildings. The approved documents shall also contain a provision,
which provides that they may not be terminated and/or substantially amended without the consent of the City and the developer's successor-in-interest. (MC 9.14.090)
In addition, the following deed restrictions and disclosures shall be included within the document and grant deed of the properties:
a. The developer and homeowners association shall promote the use of native plants and trees and drought tolerant species.
b. All lots designated for open space and or detention basins, shall be included as an easement to, and maintained by a Homeowners Association (HOA) or other private maintenance entity. All reverse frontage landscape areas shall also be maintained by the onsite HOA. Language to this effect shall be included and reviewed within the required Covenant Conditions and Restrictions (CC&Rs) prior to the approval of the final map.
c. Maintenance of any and all common facilities.
d. A conservation easement for lettered lots shall be recorded on the deed of the property and shown on the final map. Said easement shall include access restrictions prohibiting motorized vehicles from these areas. e. Oleander plants or trees shall be prohibited on open space lots adjacent to multi-use trails.

10. Prior to the issuance of building permits, the developer shall provide documentation that
contact was made to the U.S. Postal Service to determine the appropriate type and location of mailboxes.

11. Prior to the issuance of grading permits, final erosion control landscape and irrigation
plans for all cut or fill slopes over 3 feet in height shall be submitted to and approved by the Planning Division. The plans shall be designed in accordance with the slope erosion plan as required by the City Engineer. Man-made slopes greater than 10 feet in height shall be "land formed" to conform to the natural terrain and shall be landscaped and stabilized to minimize visual scarring. (GP Objective 1.5, MC 9.08.080, DG)

12. This tentative map shall expire three years after the approval date of this tentative map
unless extended as provided by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever in the event the applicant or any successor in interest fails to properly file a final map before the date of expiration. (MC 9.02.230, 9.14.050, 080)

13. Prior to the issuance of grading permits, mitigation measures contained in the Mitigation
Monitoring Program approved with this project shall be implemented as provided therein.

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection)

14. Prior to any site disturbance and/or grading plan submittal, and or final map recordation, a mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant/owner. No City permit or approval shall be issued until such fee is paid. (CEQA)

15. Prior to issuance of a building permit, the developer/property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord.)

16. Prior to issuance of building permits, final front and street side yard landscape and irrigation plans, and basin landscape plans, shall be approved.

17. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with this approval.

18. Prior to issuance of grading permits, the project shall comply with all applicable mitigation
measures related to cultural resources and Native American requirements.

19. This approval shall comply with all applicable requirements of the City of Moreno Valley Municipal Code.

20. The site shall be developed in accordance with the approved Conditional Use Permit
(Planned Development Unit) and Tentative Tract Map on file in the Community Development Department-Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. (MC 9.14.020). A minimum of three-color palettes/schemes shall be used for each elevation type, showing a variety of exterior building material colors and roofing material colors

21. Prior to grading plan approval, Basin fencing shall include wrought iron fencing with pilasters.

22. Prior to building final, a basin maintained by an HOA or other private entity, landscape
(trees, shrubs and groundcover) and irrigation shall be installed, and maintained by the HOA or other private entity with documentation provided to the Planning Division.

23. A drought tolerant landscape palette shall be utilized throughout the tract in compliance with the City’s Landscape Requirements. (MC 9.17.030)

24. All units shall be designed with four sided architecture using the details from the front elevation

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) Prior to Grading Permit

25. At least thirty days prior to issuance of any grading permit, the developer shall retain a
qualified archaeologist, provide a letter identifying the name and qualifications of the archaeologist to the Planning Division for approval, to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources and to evaluate and recommend appropriate actions for any archaeological deposits exposed by construction activity.

At least thirty days prior to issuance of a grading permit, the applicant shall provide evidence that contact has been established with the appropriate Native American Tribe(s), providing notification of grading, excavation and the proposed monitoring program and to coordinate with the City and Tribe(s) to develop a cultural resources treatment and monitoring agreement. The agreement shall address treatment of known cultural resources, the designation, responsibilities and participation of Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site.

A report documenting the proposed methodology for grading monitoring shall be submitted to and approved by the Planning Division prior to issuance of any grading permit. The monitoring archaeologist shall be empowered to stop and redirect grading in the vicinity of an exposed archaeological deposit until that deposit can be fully evaluated. The archaeologist shall consult with affected Tribe(s) to evaluate any archaeological resources discovered on the project site. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have authority to stop and redirect grading activities in consultation with the project archaeologist.

The property owner shall relinquish ownership to the Tribe(s) of all Native American cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project site for proper treatment and disposition. All sacred sites, should they be encountered with the project site, shall be avoided and preserved as the preferred mitigation.

If any inadvertent discoveries of subsurface archaeological or cultural resources occur during grading, the applicant, project archaeologist, and Tribe(s) shall assess the significance of such resources and shall meet and confer regarding mitigation of such resources. Avoidance is the preferred method of preservation of archaeological resources. If the applicant, project archaeologist and Tribe(s) cannot agree on the significance or mitigation for such resources, the issue (s) will be presented to the Planning Official with adequate documentation. The Official

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) shall make a determination based on the provisions of CEQA and consideration of the religious beliefs, customs and practices of the Tribe(s).

26. Prior to issuance of any grading permit, all Conditions of Approval, Mitigation Measures
and Airport Land Use Commission Conditions of Approval shall be printed on the grading plans.

27. Prior to the issuance of grading permits, decorative (e.g. colored/scored concrete or as approve by the Planning Official) pedestrian pathways across circulation aisles/paths shall be provided throughout the development to connect dwellings with open spaces and/or recreational uses or commercial/industrial buildings with open space and/or parking. and/or the public right-of-way. The pathways shall be shown on the precise grading plan. (GP Objective 46.8, DG)

28. Prior to approval of any grading permits, final median enhancement/landscape/irrigation
plans shall be submitted to the Planning Division
and Public Works Department - Special Districts for review and approval by each division. (GP - Circulation Master Plan) Timing of installation shall be determined by PW-Special Districts.

29. Prior to issuance of any grading permits, mitigation measures contained in the Mitigation
Monitoring Program approved with this project shall be implemented as provided therein. A mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant within 30 days of project approval. No City permit or approval shall be issued until such fee is paid. (CEQA)

30. Prior to issuance of grading permits, the developer shall pay the applicable Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee. (Ord)

31. If potential historic, archaeological, Native American cultural resources or paleontological
resources are uncovered during excavation or construction activities at the project site, work in the affected area must cease immediately and a qualified person (meeting the Secretary of the Interior's standards (36CFR61)) shall be consulted by the applicant to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, prehistoric, or paleontological resource. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all affected Native American Tribes before any further work commences in the affected area.

If human remains are discovered during grading and other construction excavation, no further disturbance shall occur until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) potentially Native American, the California Native American Heritage Commission shall
be notified within 5-days of the published finding to be given a reasonable opportunity to identify the “most likely descendant.” The “most likely descendant” shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).

32. Within thirty (30) days prior to any grading or other land disturbance, a pre-construction survey for Burrowing Owls shall be conducted pursuant to the established guidelines of Multiple Species Habitat Conservation Plan. The pre-construction survey shall be submitted to the Planning Division prior to any disturbance of the site and/or grading permit issuance.

33. Prior to the issuance of grading permits, the site plan and grading plans shall show decorative
hardscape (e.g. colored concrete, stamped concrete, pavers or as approved by the Planning Official) consistent and compatible with the design, color and materials of the proposed development for all driveway ingress/egress locations of the project. [apply to commercial and multi-family project, and major entry driveways for industrial]

34. Prior to issuance of grading permits, the developer shall submit wall/fence plans to the Planning Division for review and approval as follows:
a. A maximum 6 foot high solid decorative block perimeter wall with pilasters and a cap shall be required adjacent to all residential zoned areas. b. 3-foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. c. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
d. Proposed screening walls for truck loading areas and required loading docks shall also include decorative block walls with pilasters with a height up to fourteen (14) feet to fully screen trucks (industrial and some situations with commercial uses). e. Walls and fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement and design will be based on a site specific review of the project. All walls are subject to the approval of the Planning Official. (MC 9.08.070) [select those that apply]

35. Prior to the issuance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) conspicuously posted at the site and remain in place until occupancy of the project .

The sign shall include the following:
a. The name (if applicable) and address of the development. b.

The developer’s name, address, and a 24-hour emergency telephone number.

36. Prior to issuance of grading permits, the location of the trash enclosure shall be included on the plans.

Building Division

37. Prior to submittal, all new development, including residential second units, are required
to obtain a valid property address prior to permit application. Addresses can be obtained by contacting the Building Safety Division at 951.413.3350.

38. Contact the Building Safety Division for permit application submittal requirements.

39. Any construction within the city shall only be as follows: Monday through Friday seven
a.m. to seven p.m(except for holidays which occur on weekdays), eight a.m. to four p.m.; weekends and holidays (as observed by the city and described in the Moreno Valley Municipal Code Chapter 2.55), unless written approval is first obtained from the Building Official or City Engineer.

40. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.

41. The proposed development shall be subject to the payment of required development
fees as required by the City’s current Fee Ordinance at the time a building application is submitted or prior to the issuance of permits as determined by the City.

42. The proposed project will be subject to approval by the Eastern Municipal Water District
and all applicable fees and charges shall be paid prior to permit issuance .

Contact the water district at 951.928.3777 for specific details.

43. All new structures shall be designed in conformance to the latest design standards adopted
by the State of California in the California Building Code, (CBC) Part 2, Title 24, California Code of Regulations including requirements for allowable area, occupancy separations, fire suppression systems, accessibility, etc.

44. The proposed project’s occupancy shall be classified by the Building Official and must comply with exiting, occupancy separation(s) and minimum plumbing fixture requirements. Minimum plumbing fixtures shall be provided per the California

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.

45. The proposed residential project shall comply with the California Green Building Standards
Code, Section 4.106.4, mandatory requirements for Electric Vehicle Charging Station (EVCS).

46. Prior to permit issuance, every applicant shall submit a properly completed Waste Management
Plan (WMP), as a portion of the building or demolition permit process. (MC 8.80.030)

FIRE DEPARTMENT
Fire Prevention Bureau

47. All Fire Department access roads or driveways shall not exceed 12 percent grade. (CFC 503.2.7 and MVMC 8.36.060[G])

48. The Fire Department emergency vehicular access road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW, based on street standards approved by the Public Works Director and the Fire Prevention Bureau. The approved fire access road shall be in place during the time of construction. Temporary fire access roads shall be approved by the Fire Prevention Bureau. (CFC 501.4, and MV City Standard Engineering Plan 108d)

49. The angle of approach and departure for any means of Fire Department access shall
not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m), and the design limitations of the fire apparatus of the Fire Department shall be subject to approval by the AHJ. (CFC 503 and MVMC 8.36.060)

50. Prior to construction, all locations where structures are to be built shall have an approved
Fire Department access based on street standards approved by the Public Works Director and the Fire Prevention Bureau. (CFC 501.4)

51. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire Prevention Bureau with an approved site plan for Fire Lanes and signage. (CFC 501.3)

52. Prior to issuance of Certificate of Occupancy or Building Final, “Blue Reflective Markers” shall be installed to identify fire hydrant locations in accordance with City specifications. (CFC 509.1 and MVLT 440A-0 through MVLT 440C-0)

53. Prior to issuance of building permits, plans specifying the required structural materials for building construction in high fire hazard severity zones shall be

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) submitted to the Fire Prevention Bureau for approval. (CFC, 4905)

54. Existing fire hydrants on public streets are allowed to be considered available .

Existing
fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. (CFC 507, 501.3) a - After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.

55. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau
reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal.

56. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer
shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC

8.36.100)

57. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)

58. Fire lanes and fire apparatus access roads shall have an unobstructed width of not less
than twenty–four (24) feet and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. (CFC 503.2.1 and MVMC 8.36.060[E])

59. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer
shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9, MVMC 8.36.100[D])

60. Prior to issuance of the building permit for development, independent paved access to
the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)

61. Prior to issuance of a Certificate of Occupancy or Building Final, a “Knox Box Rapid Entry System” shall be provided. The Knox-Box shall be installed in an accessible

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) location approved by the Fire Code Official. All exterior security emergency access gates
shall be electronically operated and be provided with Knox key switches for access by emergency personnel. (CFC 506.1)

62. The minimum number of fire hydrants required, as well as the location and spacing of
fire hydrants, shall comply with the C.F.C., MVMC, and NFPA 24. Fire hydrants shall be located no closer than 40 feet to a building. A fire hydrant shall be located within 50 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) (CFC 507.5.1, 507.5.7, Appendix C, NFPA 24-7.2.3, MVMC 912.2.1)

63. During phased construction, dead end roadways and streets which have not been completed
shall have a turn-around capable of accommodating fire apparatus. (CFC 503.1 and 503.2.5)

64. If construction is phased, each phase shall provide an approved emergency vehicular
access way for fire protection prior to any building construction. ( CFC 501.4)

65. Prior to issuance of Building Permits, plans for structural protection from vegetation fires
shall be submitted to the Fire Prevention Bureau for review and approval.

Measures shall include, but are not limited to: noncombustible barriers (cement or block walls), fuel modification zones, etc. (CFC Chapter 49)

66. Plans for private water mains supplying fire sprinkler systems and/or private fire hydrants shall be submitted to the Fire Prevention Bureau for approval. (CFC 105 and CFC 3312.1)

67. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction
of all commercial buildings per CFC Appendix B and Table B105.1.

The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)

68. Prior to issuance of Certificate of Occupancy or Building Final, all residential dwellings
shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numbers shall be located consistently on each dwelling throughout the development. The numerals shall be no less than four (4) inches in height and shall be low voltage lighted fixtures. (CFC 505.1, MVMC 8.36.060[I])

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection)

69. Single Family Dwellings. Schedule "A" fire prevention approved standard fire hydrants (6” x 4” x 2 ½”) shall be located at each intersection of all residential streets. Hydrants shall be spaced no more than 500 feet apart in any direction so that no point on the street is more than 250 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 1 hour duration of 20 PSI. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, serving one and two-family residential developments, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along the tract boundary for transportation hazards. (CFC 507.3, Appendix B, MVMC

8.36.060).

70. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.

71. Prior to issuance of Building Permits, the applicant/developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall: a.

Be signed by a registered civil engineer or a certified fire protection engineer; b .

Contain a Fire Prevention Bureau approval signature block; and c. Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.

PUBLIC WORKS DEPARTMENT
Land Development

72. Aggregate slurry, as defined in Section 203-5 of Standard Specifications for Public Works Construction, shall be required prior to 90% security reduction or the end of the one-year warranty period of the public streets as approved by the City Engineer.

If slurry is required, a slurry mix design shall be submitted for review and approved by the City Engineer. The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal per the geotechnical report. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 2½) parts to one-hundred (100) parts of emulsion by volume.

Any existing striping shall be removed prior to slurry application and replaced per City standards.

73. The developer shall comply with all applicable City ordinances and resolutions including
the City’s Municipal Code (MC) and if subdividing land, the Government Code (GC) of the State of California, specifically Sections 66410 through 66499.58,

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) said sections also referred to as the Subdivision Map Act (SMA). [MC 9.14.010]

74. The final approved conditions of approval (COAs) issued and any applicable Mitigation Measures by the Planning Division shall be photographically or electronically placed on mylar sheets and included in the Grading and Street Improvement plans.

75. The developer shall monitor, supervise and control all construction related activities, so
as to prevent these activities from causing a public nuisance, including but not limited to, insuring strict adherence to the following:
(a) Removal of dirt, debris, or other construction material deposited on any public street no later than the end of each working day.
(b) Observance of working hours as stipulated on permits issued by the Land Development Division.
(c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. (d) All dust control measures per South Coast Air Quality Management District (SCAQMD) requirements during the grading operations.

Violation of any condition, restriction or prohibition set forth in these conditions shall subject the owner, applicant, developer or contractor(s) to remedy as noted in City Municipal Code 8.14.090. In addition, the City Engineer or Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such time as it has been determined that all operations and activities are in conformance with these conditions.

76. In the event right-of-way or offsite easements are required to construct offsite improvements necessary for the orderly development of the surrounding area to meet the public health and safety needs, the developer shall make a good faith effort to acquire the needed right-of-way in accordance with the Land Development Division’s administrative policy. If unsuccessful, the Developer shall enter into an agreement with the City to acquire the necessary right-of-way or offsite easements and complete the improvements at such time the City acquires the right-of-way or offsite easements which will permit the improvements to be made. The developer shall be responsible for all costs associated with the right-of-way or easement acquisition. [GC 66462.5]

77. If improvements associated with this project are not initiated within two (2) years of the date of approval of the Public Improvement Agreement (PIA), the City Engineer may require that the engineer's estimate for improvements associated with the project be modified to reflect current City construction costs in effect at the time of request for an extension of time for the PIA or issuance of a permit. [MC

9.14.210(B)(C)]

78. The developer shall protect downstream properties from damage caused by

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) alteration of drainage patterns (i.e. concentration or diversion of flow, etc).

Protection shall be provided by constructing adequate drainage facilities, including, but not limited to, modifying existing facilities or by securing a drainage easement . [MC 9.14.110]

79. Public drainage easements, when required, shall be a minimum of 25 feet wide and shall be shown on the map and plan, and noted as follows: “Drainage Easement – no structures, obstructions, or encroachments by land fills are allowed.” In addition, the grade within the easement area shall not exceed a 3:1 (H:V) slope, unless approved by the City Engineer.

80. The maintenance responsibility of the proposed storm drain line shall be clearly identified.

Storm drain lines within private property will be privately maintained and those within public streets will be publicly maintained.

81. The proposed private storm drain system shall connect to Riverside County Flood Control's
existing line F-4 in Cactus Ave. A storm drain manhole shall be placed at the right-of-way line to mark the beginning of the publicly maintained portion of this storm drain.

82. For single family residential subdivisions, all lots shall drain to the street at a minimum
surface grade of 2.0% and on-site drainage shall be conveyed onto the street with subsurface drains at a minimum grade of 0.5% per current City Standards MVSI-152 and MVSI-153A. No cross-lot or over the sidewalk drainage shall be allowed.

83. This project shall submit civil engineering design plans, reports and/or documents (prepared by a registered/licensed civil engineer) for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The submittal consists of, but is not limited to, the following:
a. Final (Tract) Map (recordation prior to building permit issuance); b. Rough grading w/ erosion control plan (prior to grading permit issuance); c. Precise grading w/ erosion control plan (prior to grading permit issuance); d. Public improvement plan (e.g., street/storm drain w/ striping, , sewer/water, etc.) (prior to map approval);
e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. As-Built revision for all plans (prior to Occupancy release);

84. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) related runoff by having proper best management practices in place and maintained.

Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to an established Homeowner’s Association (HOA).

Prior to Grading Plan Approval

85. Resolution of all drainage issues shall be as approved by the City Engineer.

86. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division.

87. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity.

88. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a.

The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils/geotechnical report (addressing the soil’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils/geotechnical report shall be submitted to the Land Development Division.

89. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.

90. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County.

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection)

91. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.

92. For projects that will result in discharges of storm water associated with construction with
a soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.

93. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of infiltration basins. Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) Prior to Grading Permit

94. A receipt showing payment of the Area Drainage Plan (ADP) fee to Riverside County Flood Control and Water Conservation District shall be submitted. [MC

9.14.100(O)]

95. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the implementation and maintenance of erosion control measures. At least twenty-five (25) percent of the required security shall be in the form of a cash deposit with the City. [MC 8.21.160(H)]

96. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
Prior to Map Approval

97. All proposed street names shall be submitted for review and approved by the City Engineer, if applicable. [MC 9.14.090(E.2.k)]

98. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project. In addition, for single-family residential development, bylaws and articles of incorporation shall also be included as part of the maintenance agreement for any water quality BMPs.

99. Resolution of all drainage issues shall be as approved by the City Engineer. 100. Maps (prepared by a registered civil engineer and/or licensed surveyor) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
101. Under the current permit for storm water activities required as part of the National Pollutant
Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project is subject to the following requirement: Establish a Home Owners Association (HOA) to finance the maintenance of the “Water Quality BMPs”. Any lots which are identified as “Water Quality BMPs” shall be owned in fee by the HOA.
102. The developer shall guarantee the completion of all related improvements required for
this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC 9.14.220]

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 103. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 104. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
105. All street dedications shall be free of all encumbrances, irrevocably offered to the public
and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.

Prior to Improvement Plan Approval
106. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
107. The street improvement plans shall comply with current City policies, plans and applicable
City standards (i.e. MVSI-160 series, etc.) throughout this project. This includes, but is not limited to street lights along the project frontage along Bradshaw Circle and Cactus Ave.
108. The design plan and profile shall be based upon a centerline, extending beyond the project
boundaries a minimum distance of 300 feet at a grade and alignment approved by the City Engineer.
109. Drainage facilities (i.e. catch basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. Secondary emergency escape shall also be provided.
110. All public improvement plans (prepared by a licensed/registered civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
111. Any missing or deficient existing improvements along the project frontage shall be constructed
or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
112. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s
moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) determined by the City Engineer.
113. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only.

The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.
114. The developer shall be required to construct Cactus Avenue (minor arterial, MVSI-105A) along the project boundary.
115. The developer shall be required to construct full street improvements with the exception of a westerly sidewalk on Bradshaw Circle (local street, MVSI-107A) along the project boundary.

Prior to Encroachment Permit
116. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s
moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
117. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
118. An engineered-fill certification, rough grade certification and compaction report shall be submitted for review and approved by the City Engineer. A digital (pdf) copy of the approved compaction report shall be submitted to the Land Development Division. All pads shall meet pad elevations per approved grading plans as noted by the setting of “blue-top” markers installed by a registered land surveyor or licensed civil engineer.
119. For all subdivision projects, the map shall be recorded (excluding model homes). [MC 9.14.190]
120. Certification to the line, grade, flow test and system invert elevations for the water quality
control BMPs shall be submitted for review and approved by the City Engineer (excluding models homes).
121. Prior to Building Permit issuance, an access agreement shall be recorded to allow

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) the City access from Cactus Ave. through Bradshaw Circle for access to water quality
basins lots A & B as well as the storm drain line on Bradshaw Circle, as required by the City Engineer.

Prior to Occupancy
122. All outstanding fees shall be paid.
123. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
124. The developer shall complete all public improvements in conformance with current City
standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, under sidewalk drains, landscaping and irrigation, medians, pavement tapers/transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, open channels, catch basins and local depressions. c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water and recycled water.
e. Under grounding of all existing and proposed utilities adjacent to and on-site. [MC 9.14.130]
f. Relocation of overhead electrical utility lines including, but not limited to:
electrical, cable and telephone.
125. For residential subdivisions, punch list work for improvements and capping of streets
in that phase shall be completed and approved for acceptance by the City Engineer, prior to issuance of Occupancy.
126. The applicant shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit:
a. Field verification that structural Site Design, Source Control and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP).
b. Certification of best management practices (BMPs) from a state licensed civil engineer. An original WQMP BMP Certification shall be submitted for review and approved by the City Engineer.
127. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) all structural BMPs so that an inspection can be performed. b.

Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non-structural BMPs described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. e. Clean and repair the water quality BMP's, including re-grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping. 128. A “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant”, "Maintenance Agreement for Water Quality Improvements located in the public right-of-way" and a "Declaration of Restrictive Covenants (encroachment on City easement)" shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project-specific WQMP. A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.

Special Districts Division
129. NEW STREET LIGHT INSTALLATION FEES. Prior to the issuance of the first building
permit for this project, the Developer shall pay New Street Light Installation Fees for all applicable Residential and Arterial Street Lights required for this development. Payment shall be made to the City of Moreno Valley and collected by the Land Development Division. Fees are based upon the Advanced Energy fee rate in place at the time of payment, as set forth in the current Listing of City Fees, Charges, and Rates adopted by City Council. The Developer shall provide a copy of the receipt to the Special Districts Division ([email protected]). Any change in the project which may increase the number of street lights to be installed will require payment of additional Advanced Energy fees at the then current fee.

Questions may be directed to the Special Districts Division at 951.413.3480 or [email protected].
130. If maintained by City, parkway, open space, and/or median landscaping specified in the project’s Conditions of Approval shall be constructed in compliance with the City of Moreno Valley Public Works Design Guidelines and completed prior to the issuance of 25% (or 10) of the dwelling permits for this tract or 12 months from the issuance of the first dwelling permit, whichever comes first. In cases where a phasing plan is submitted, the actual percentage of dwelling permits issued prior to the completion of the landscaping shall be subject to the review of the construction phasing plan.

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 131. For those areas to be maintained by the City and prior to the issuance of the first Building
Permit, Planning Division (Community Development Department), Special Districts Division (the Public Works Department) and Transportation Division (the Public Works Department) shall review and approve the final median, parkway, slope, and/or open space landscape/irrigation plans as designated on the tentative map or in these Conditions of Approval prior to the issuance of the first Building Permit.
132. If maintained by City, the Developer, or the Developer’s successors or assignees shall be responsible for all parkway and/or median landscape maintenance for a period of one (1) year commencing from the time all items of work have been completed to the satisfaction of Special Districts staff as per the City of Moreno Valley Public Works Department Landscape Design Guidelines, or until such time as the District accepts maintenance responsibilities.
133. Parkway, median, slope and/or open space landscape areas maintained as part of the City of Moreno Valley Community Facilities District 2014-01 shall be required to have independent utility systems, including but not limited to water, electric, and telephone services. An independent irrigation controller and pedestal will also be required. Combining utility systems with existing or future landscape areas not associated with the City of Moreno Valley Community Facilities District (CFD) landscaping will not be permitted.
134. If maintained by City, inspection fees for the monitoring of landscape installation associated
with the City of Moreno Valley maintained parkways/medians are due prior to the required pre-construction meeting. (MC 3.32.040) 135. If maintained by City, plans for parkway, median, slope, and/or open space landscape areas designated in the project's Conditions of Approval for incorporation into a City Coordinated landscape maintenance program, shall be prepared and submitted in accordance with the City of Moreno Valley Public Works Department Landscape Design Guidelines. The guidelines are available on the City's website at www.moval.org/sd or from the Special Districts Division (951.413.3480 or [email protected]).
136. If maintained by City, plan check fees for review of parkway/median landscape plans for improvements that shall be maintained by the City of Moreno Valley are due upon the first plan submittal. (MC 3.32.040)
137. MAJOR INFRASTRUCTURE FINANCING DISTRICT. This project has been identified
to potentially be included in the formation of a special financing district for the construction and maintenance of major infrastructure improvements which may include but are not limited to thoroughfares, bridges, and certain flood control improvements. The property owner(s) shall participate in such district and pay any special tax, assessment, or fee levied upon the project property for such district. At

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) the time of the public hearing to consider formation of or annexation into the district, the
qualified elector(s) will not protest the formation or annexation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property obtains from the improvements to be installed and /or maintained. The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] when submitting an application for the first building permit to determine whether the development will be subjected to this condition. If subject to the condition, the special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution.
138. Street Light Authorization forms for all street lights that are conditioned to be installed
as part of this project must be submitted to the Special Districts Division for approval, prior to street light installation. The Street Light Authorization form can be obtained from the utility company providing electric service to the project, either Moreno Valley Utility or Southern California Edison. For questions, contact the Special Districts Division at 951.413.3480 or [email protected]. 139. The Moreno Valley Community Services District Zone A (Parks & Community Services) tax is assessed per parcel or per dwelling unit for parcels with more than one dwelling unit.
140. The parcel(s) associated with this project have been incorporated into the Moreno Valley Community Services District Zone A (Parks & Community Services) and Zone C (Arterial Street Lighting). All assessable parcels therein shall be subject to annual parcel taxes for Zone A and Zone C for operations and capital improvements.
141. If maintained by City, landscape and irrigation plans for parkway, median, slope, and/or
open space landscape areas designated to be maintained by the City shall be placed on compact disk (CD) in pdf format. The CD shall include “As Built” plans, revisions, and changes. The CD will become the property of the City of Moreno Valley and the Moreno Valley Community Services District. 142. This project is conditioned to provide a funding source for the operation and maintenance
of public improvements and/or services associated with new development in that territory. The Developer shall satisfy this condition with one of the options below.
a. Participate in a special election for maintenance/services and pay all associated costs of the election process and formation, if any. Financing may be structured through a Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) b. Establish an endowment fund to cover the future maintenance and/or service costs.

The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option prior to City Council action authorizing recordation of the final map for the development. A minimum of 90 days is needed to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution for conducting a special election.

The financial option selected shall be in place prior to the issuance of the first building permit for the project.
143. This project has been identified to be included in the formation of a Community Facilities
District for Public Safety services including but not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. The property owner(s) shall not protest the formation; however, they retain the right to object to the rate and method of maximum special tax. In compliance with Proposition 218, the property owner shall agree to approve the mail ballot proceeding (special election) for either formation of the CFD or annexation into an existing district that may already be established. The Developer must notify the Special Districts Division at 951.413.3480 or [email protected] of its intent to record the final map for the development 90 days prior to City Council action authorizing recordation of the map. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution. (California Government Code Section 53313 et. seq.)
144. Residential (R) If Land Development, a Division of the Public Works Department, requires this project to supply a funding source necessary to provide for, but not limited to, stormwater utilities services for the required continuous operation, maintenance, monitoring, systems evaluation and enhancements of on-site facilities and performing annual inspections of the affected areas to ensure compliance with state mandated storm water regulations, a funding source needs to be established .

The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option for the National Pollution Discharge Elimination System (NPDES) program (see Land Development’s related condition). Participating in a special election the process requires a 90 day period prior to City Council action authorizing recordation of the final map for the development and to participate in a special election process. This allows adequate time to be in compliance with the provisions of Article 13D of the California Constitution. California Health and Safety Code Sections 5473 through 5473.8 (Ord. 708 Section 3.1, 2006) & City of Moreno Valley Municipal Code Title 3, Section 3.50.050.)

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 145. PARKS MAINTENANCE FUNDING. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and or retrofit of parks, open spaces, linear parks, and/or trails systems, and programs.

This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition. 146. This project is conditioned to provide a funding source for the following special financing program(s):
a.

Street Lighting Services for capital improvements, energy charges, and maintenance.
b. If maintained by City, Landscape Maintenance Services for parkway, open space, and/or median landscaping.

The Developer’s responsibility is to provide a funding source for the capital improvements and the continued maintenance of the landscaped area. The Developer shall satisfy this condition with one of the options below. i. Participate in a special election (mail ballot proceeding) and pay all associated costs of the special election and formation, if any. Financing may be structured through a Community Services District zone, Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) ii. Establish a Property Owner’s Association (POA) or Home Owner’s Association (HOA) which will be responsible for any and all operation and maintenance costs.

The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option prior to City Council action authorizing recordation of the final map for the development. The option for participating in a special election requires approximately 90 days to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution for conducting a special election.

The financial option selected shall be in place prior to the issuance of the first building permit for this project.

Transportation Engineering Division
147. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
148. All project driveways shall conform to Section 9.11.080, and Table 9.11.080-14 of the City’s Development Code – Design Guidelines and City of Moreno Valley Standard Plans No. MVSI-111A~C-0 for residential driveway approaches. 149. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 150. Cactus Avenue is classified as a Minor Arterial (88’RW/64’CC) per City Standard Plan No. MVSI-105A-1. Any improvements to the roadway shall be per City standards or as approved by the City Engineer. Improvements to Cactus Avenue shall include transition to the existing pavement east and west of the project limits. 151. Bradshaw Circle is classified as a Local Street (60’RW/40’CC) per City Standard Plan No. MVSI-107A-0, modified. Any improvements to the roadway shall be per City standards or as approved by the City Engineer.
152. Communication conduit along project frontage shall be required per City Standard Plan No. MVSI-186-0.
153. Prior to final approval of any landscaping or monument sign plans, the project plans shall
demonstrate that sight distance at the project entrances conforms to City Standard Plan No. MVSI-164A, B, C-0.

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 154. Prior to the final approval of the street improvement plans, a signing and striping plan
shall be prepared per City of Moreno Valley Standard Plans - Section 4 for all streets.
155. Prior to issuance of a Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards and approved plans. 156. Prior to issuance of an encroachment permit, construction traffic control plans prepared
by a qualified, registered Civil or Traffic engineer may be required for plan approval or as required by the City Traffic Engineer.

PARKS & COMMUNITY SERVICES DEPARTMENT
157. This project is subject to current Quimby Fees.

CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)

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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 1 ORDINANCE NUMBER 2022-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE (PEN21 -0204) TO AMEND THE CITY ZONING ATLAS FROM RESIDENTIAL 5 (R5)
DISTRICT TO RESIDENTIAL SINGLE -FAMILY 10 (RS10) DISTRICT, FOR

THE PROPERTY LOCATED ON THE NORTHEAST SIDE OF CACTUS
AVENUE EAST OF MORENO BEACH DRIVE (APN’S 478 -090-018,
478-090-024, AND 478-090-025)
The City Council of the City of Moreno Valley does ordain as follows:

SECTION 1 GENERAL:

1.1 RC Hobbs Company (“Applicant”) has submitted an application for the approval of the Bradshaw Collection project, which includes the approval of a Change of Zone (PEN20-0175) (“Application”), which is a request to amend the City’s Zoning Atlas from Residential 5 (R5) District to Residential Single- Family 10 (RS10) District for the property located at the northeast side of Cactus Avenue east of Moreno Beach Drive comprised of approximately 4.81 acres (APN 478-090-018, 478-090-024, and 478-090-025) (“Project Site”), along with requested approval of General Plan Amendment, Conditional Use Permit, and Tentative Tract Map (collectively, the “Proposed Project”); and

1.2 At its November 10, 2022, regular meeting, upon a duly noticed public hearing, the Planning Commission considered the Proposed Project, and denied the associated General Plan Amendment, thereby denying the Change of Zone for the Discovery Residential project and recommended denial to the City Council; and

1.3 The Applicant timely filed an appeal of the Planning Commission’s determination; and

1.4 A duly noticed public hearing was held before the City Council on December 20, 2022, for deliberations and decision; and

1.5 The matter was fully discussed, and the public and other agencies were given opportunity to present testimony and documentation; and

1.6 An Initial Study has been prepared for the Proposed Project for the purpose of compliance with the California Environmental Quality Act (CEQA). Based on the Initial Study, including all supporting technical evidence, it was determined that the Proposed Project impacts, as mitigated in accordance with the Mitigation and Monitoring Report, have been reduced to levels of insignificance and there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environmen t in a manner that would otherwise require the preparation and certification of an Environmental Impact Report, and approval of a Mitigated Negative Declaration is an appropriate environmental determination for the Proposed Project.

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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 2 SECTION 2 EVIDENCE:

That the City Council has considered all of the evidence submitted into the administrative record for Change of Zone ( PEN20-0175), including, but not limited to, the following:
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all relevant provisions therein;
(c) The change the zoning designation of the site from Residential 5 (R5) District to Residential Single -Family 10 (RS10) District, and all other r elevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of Change of Zone ( PEN20-0175) and all documents, records and references contained therein;
(e) Staff Reports prepared for the Planning Commission and City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearings;
(f) Testimony and/or comments from Applicant and its representatives during the public hearings; and
(g) Testimony comments and/or correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearings.

SECTION 3 FINDINGS:

That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council hereby finds as follows:
(a) The proposed amendment is consistent with the existing goals, objectives, policies and programs of the General Plan and any applicable specific plan; (b) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(c) The proposed amendment is consistent with the purposes and intent of Title 9.

SECTION 4 AMENDMENT OF THE OFFICIAL ZONING ATLAS:

4.1 The City of Moreno Valley Official Zoning Atlas, as adopted by Ordinance No. 981, on August 3, 2021, of the City of Moreno Valley, and as amended thereafter from time to time by the City Council of the City of Moreno Valley, is further amended by placing in effect the zone or zone classification to page 101 of the Official Zoning Atlas as shown on the attached map marked “Exhibit A” and included herein by reference and on file in the office of the City Clerk.

SECTION 5 SEVERABILITY

5.1 That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopt ed F.1.q
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 3 shall remain in full force and effect.

SECTION 6 REPEAL OF CONFLICTING PROVISIONS

6.1 That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.

SECTION 7 EFFECTIVE DATE

7.1 That this Ordinance shall take effect thirty (30) days after its second reading.

Section 8 CERTIFICATION

8.1 That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted.

APPROVED DECEMBER 20, 2022, AND ADOPTED this 3rd day of January, 2023.

CITY OF MORENO VALLEY

CITY COUNCIL
___________________________________
Ulises Cabrera
Mayor of the City of Moreno Valley
ATTEST:
____________________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney

Exhibits:

Exhibit A: Official Zoning Atlas Pg 101

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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 4 ORDINANCE JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. YYYY-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the _____ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 5 Exhibit A
Official Zoning Atlas Pg 101
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) PEN20-0175 - Change of Zone
Proposed Change from Residential 5 (R5) to Residential Single-Family 10 (RS10) RS 10
City of Moreno Valley Zoning Atlas Page 101
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) Good Evening MORENO VALLEY Planning Commissioners, November 10, 2022.

My name is Bill Redden. I live at 28163 Bradshaw circle and received Occupancy from City in November of 2021. I have watched the process of the General Plan development and noted that the vacant land surrounding my home (on nearly acre) remained designate as 5 dwellings per acre. I did not object to development of 8 homes to north west of me or the a tentative tract map of 6 homes across the street. These housing developments were consistent with General Plan of less than 5 dwellings per acre.

I and home owners surrounding the development are opposed to the development as currently proposed. We are opposed to the proposed General Plan Amendment and change of zone.

Specific issues are as follows.

General Plan Issues.

1.The General Plan 2040 adopted June 2021, states in Scope and Purpose of the General Plan: The Moreno Valley General Plan can be considered the city’s development constitution, containing both a statement of community’s vision of its long-term development…” page 1-3.

2.Furthermore for clarification, page 2-8 states: “The General Plan Land Use Map illustrates the long-term vision for development and conservation in the planning area..” Having a general plan amendment less than year and half appears to be inconsistent with city’s General Plan’s scope and purpose.

3.According to General Plan, developments need to be consistent with General Plan polices. Under policy Goal LCC-3: “Build a distinctive sense of place and pride in Moreno Valley. LCC.3-2: use development standards to ensure smooth transitions for areas that that border one another so that neighborhoods and districts maintain their unique qualities while being compatible with one another”. Thus even if General Plan amendment is permitted with R10 butting up against R5 area, there must be transition area between these two developments. No transition zone is proposed in the development.

Issues with the Initial Study/Mitigated negative Declaration.

1.On page 29. Inaccurate statement: “The project is to provide 37 new single-family residence, which would be similar to the single-family p1 of 2
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection)

2.residential uses that are adjacent to the west of the site, to the south of the site beyond the flood control channel, and to the north fo the site beyond Finch ave.” As can be noted in Exhibit A showing current housing and projected housing development, this 37 housing development is not similar. Further more, there is no flood channel south of the site and there is no Finch ave north of the site.

Issues with Conditions of Approval.

As stated in tra ffic study, 359 vehicles per day are to pass through Bradshaw Circle. Bradshaw Circle is designated as private street that does not meet current city standards and is not maintained by the city. The development is only required to make improvements along the west side of Bradshaw circle.

The question is how long will the street last with such relatively heavy load of traffic on the street to west?
Significant observation.

The owner lives out of state in Utah and developer/builder lives out of the Riverside county. They are not part of community impacted by their development.

In conclusion please deny the general Plan amendment and zone change. The development should comply with recently approved General Plan of 2040 of 5 dwellings per acre.

Thank you for allowing me to express my concerns regarding this development.

Bill Redden [email protected]
28163 Bradshaw Circle, Moreno Valley, CA 92555.
951 442 1103.

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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) From: Robert Beers
To: Danielle Harper-Scott; Sean P. Kelleher
Cc: Roger Hobbs; George Meeker
Subject: Request for 2-week continuance for City Council Hearing regarding PEN20-0172 Date: Friday, December 16, 2022 1:37:53 PM
Warning: External Email – Watch for Email Red Flags!
Danielle:

RC Hobbs Company requests a two-week continuance of the City Council Hearing regarding the hearing on the Planning Commission Denial of TTM 37858 along with it’s affiliated filings (GPA, ZC, PUD).

Please contact me if you have any questions regarding this request.

Thank you.

Bob Beers
[email protected]
(951) 317-2041

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Attachment: Continuance Request for December 27, 2022 City Council Meeting (6019 : Bradshaw Collection)

Report to City Council

ID#6027 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: January 17, 2023

TITLE: PUBLIC HEARING FOR ONE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM MAIL BALLOT

PROCEEDING

RECOMMENDED ACTION
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 he rein (KB Home Coastal, Inc. , located near the southwest corner of Cottonwood Ave. and Moreno Beach Dr., east of Bethany Rd.);

2. Direct the City Clerk to open and count the returned NPDES ballot;

3. Verify and accept the results of the mail ballot proceeding a s maintained by the City Clerk on the Official Tally Sheet and if approved, set the rate and impose the applicable NPDES Regulatory Rate on the Assessor’s Parcel Number as mentioned;

4. Receive and file the Official Tally Sheet with the City Clerk’s office.

SUMMARY

The action before the City Council is to conduct a Public Hearing for one National Pollutant Discharge Elimination System (NPDES) mail ballot proceeding. The process to accept one parcel into the City’s NPDES funding program impacts only the prop erty owner identified below, not the general citizens or taxpayers of the City.

DISCUSSION
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The Clean Water Act of 1987 established requirements for the discharge of Urban Runoff from Municipal Separate Storm Sewer Systems under the NPDES program. The Santa Ana Regional Water Quality Control Board administers the NPDES program through the issuance of a Permit. The NPDES program requires public agencies to obtain coverage under the Permit to discharge urban stormwater runoff from municipally owned drainage facilities, including streets, highways, storm drains, and flood control channels. The City’s current NPDES Permit requires all new development projects to comply with stormwater management requirements.

The City Council originally adopted the NPDES Residential Regulatory Rate on June 10, 2003. Each fiscal year, the City Council reviews and sets the rates for the following fiscal year.

As a condition of approval for the development project identified below, the applicant is required to provide a n ongoing funding source for the NPDES program. The funding is used to mitigate the increase in costs to the NPDES program, which will be created by their development project.

Property Owner/
Project
Assessor’s
Parcel Number Location FY 2022/23
Maximum Rate1
KB Home Coastal, Inc.

TR 32408
PEN19-0168/SBP22-0009
488-200-025
Near the southwest corner
of Cottonwood Ave. and
Moreno Beach Dr., east of
Bethany Rd.
$374.52/parcel
Residential Rate
1The parcel’s development status will be evaluated, and the applied rate ca lculated in accordance with the rate schedule, prior to levying the NPDES rate on the property tax roll each year. The applied rate is the amount applied to the property tax bill. It cannot exceed the maximum rate.

An applicant has two options to satisfy the condition of approval:

1. The property owner a pproves the NPDES rate and authorize s the City to collect the rate on the annual Riverside County property tax bill through participation in a successful mail ballot proceeding; or

2. The applicant funds an endowment.

The Property Owner listed above elected to have the NPDES rate applied to the annual property tax bill of the property under development. Proposition 218 outlines the process to approve new charges, or an increase to existing charges, on propert y tax bills, which includes conducting a mail ballot proceeding, noticing requirements, timing of noticing, and providing an opportunity for the property owner to address the City Council (i.e., public comment portion of the Public Hearing). A notice descr ibing the purpose and amount of the charge, including the potential annual inflationary adjustment, and a ballot for the property was mailed to the Property Owner at least 45 -days in advance of tonight’s meeting (see Attachment 1). The ballot is due to the City Clerk prior to the close of the Public Hearing. The ballot can be opened and counted, and results announced, at the close of the Public Hearing.

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The condition of approval to provide a funding source for the NPDES program will be satisfied with a property owner’s approval of the NPDES mail ballot (i.e., marked yes and signed) and City Council acceptance of the results. In the event the ballot is not returned, is not approved, or is invalid (e.g., unmarked or unsigned), this condition of approval will remain unsatisfied and may delay development of the project.

This action meets the Strategic Plan Priorities to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.

ALTERNATIVES

1. Conduct the Public Hearing and upon its close, open, count, and verify the returned ballot and accep t the results. Staff recommends this alternative since it will satisfy the project’s condition of approval provided the property owner approves the ballot.

2. Open the Public Hearing and continue it to a future regularly scheduled City Council meeting. Staff does not recommend this alternative because it will delay announcement of the ballot results and may delay project development.

3. Do not conduct the Public Hearing. Staff does not recommend this alternative since it will delay the condition of approval fro m being satisfied and may delay project development. The City will incur additional costs to restart the 45-day noticing period.

4. Do not conduct the Public Hearing at this time but reschedule it to a date specific regularly scheduled City Council meeting. Staff does not recommend this alternative because it may delay project development and will cause the City to incur additional costs to restart the 45 -day noticing period.

FISCAL IMPACT

Revenue received from the NPDES rate is restricted and can only be u sed within the stormwater management program. The revenue provides funding to maintain compliance with the unfunded requirements of the Permit. It also offsets stormwater management program expenses, which reduces the financial impact to the General Fund. The NPDES rate is only applied to the property tax bills of parcels where approval of the rate has been authorized through a successful mail ballot proceeding.

The FY 2022/23 maximum Residential Rate is $ 374.52 per parcel, and any division thereof. The maximum NPDES rates are subject to an annual inflationary adjustment.

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authorizes such adjustment. The increase to the maximum rate cannot exceed the annual inflationary adjustm ent without approval of the property owners subject to the charge. The NPDES rate applied to the property tax bill will be based on the development status of the property at the time the applied rates are calculated for the upcoming fiscal year.

NOTIFICATION

The ballot documents were mailed to the Property Owner at least 45-days in advance of the Public Hearing. The documents included a notice, NPDES ballot, applicable NPDES Rate schedule, map of the project area, instructions for marking and returning the ballot, and a postage-paid return envelope addressed to the City Clerk.

The Press -Enterprise published the legal notice for tonight’s Public Hearing on December 29, 2022 and January 5, 2023.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager/CFO/City Treasurer

Concurred By:

Melissa Walker
Acting Public Works Director/City Engineer

CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernment al relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.

Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

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

Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Ballot Documents - KB Home Coastal, Inc.

APPROVALS

Budget Officer Approval ✓ Approved . 1/04/23 8:46 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 1/04/23 9:19 AM F.2
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Attachment: Ballot Documents - KB Home Coastal, Inc. (6027 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.2.a
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Attachment: Ballot Documents - KB Home Coastal, Inc. (6027 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.2.a
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Attachment: Ballot Documents - KB Home Coastal, Inc. (6027 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.2.a
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Attachment: Ballot Documents - KB Home Coastal, Inc. (6027 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.2.a
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Attachment: Ballot Documents - KB Home Coastal, Inc. (6027 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.2.a
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Attachment: Ballot Documents - KB Home Coastal, Inc. (6027 : PUBLIC HEARING FOR ONE NATIONAL Report to City Council
ID#6085 Page 1
TO:

FROM:

AGENDA DATE:

TITLE:

Mayor and City Council
Steve Quintanilla, Interim City Attorney
January 17, 2023

DISCUSSION OF PROPOSED CHANGES TO THE
SCOPE OF THE MAYOR’S DUTIES AND

RESPONSIBILITIES

RECOMMENDED ACTION
That the City Council:

1. Discuss the proposed changes to the scope of the Mayor’s duties and responsibilities and provide direction to staff.

BACKGROUND
In June 2022, the City Council adopted Ordinance No. 988, attached hereto. Ordinance No. 988 includes numerous provisions which describe the duties and responsibilities of the mayor. The duties and responsibilities set forth in Ordinance No. 988 were derived from various sources, including various state codes, case law, Attorney General Opinions, legal tr eatises applicable to cities, the City’s “Rules of Procedure for Council Meetings and Related Functions and Activities” (“Rules of Procedure) and the “Standard Code of Parliamentary Procedure” (“Standard Code”). It is important to note that the only the duties and responsibilities set forth in the state codes and other applicable legal authority cannot be change, while the duties and responsibilities derived from the Rules of Procedure and Standard Code can be repealed, amended, or maintained. The same applies to other provisions which are contained in Ordinance No. 988 which are not legally required and are thus purely discretionary.

At the December 20, 2022, Regular City Council Meeting, Council Member Elena Baca - Santa Cruz made a motion to “ add the Mayor’s Duties Ordinance to a future agenda to consider amendments that will include, among other things, requiring the Council to revisit the scope of the Mayor’s duties within a certain time frame after a new person assumes the duties of the Mayor through eit her an election or an appointment . . . .” After some discussion, Council Member Baca -Santa Cruz mentioned that the matter be G.1
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discussed at a future date, which Interim City Attorney confirmed it would come back as a discussion item, after which Mayor Pro Tem Delgado “I’ll second that we put it on a future agenda to discuss,” and it was passed 3 -2, with Mayor Pro Tem Delgado and Council Member Baca-Santa Cruz and Council Member Barnard voting yes, and Mayor Cabrera and Council Member Marquez voting no.

Pursuant to Section 3.1 (Agenda Items) of the Rules of Procedure, items may be placed on the agenda of any regular meeting, special meetings or study session with the consent of a majority of the City Council obtained during a public meeting of the City Council.

Summary of State Laws Pertaining to the Mayor’s Duties & Responsibilities

The City of Moreno Valley is a “general law city.” As a general law city, the City is subject to a wide array of “general laws” of the state. Basically, cities organized und er the general laws of the state are subject to all constraints imposed by the state’s general laws, even those applicable to local municipal affairs. Pursuant to California Constitution Article XI, Section 7 , the powers conferred upon general law cities a re derived from the California Constitution, including the "police power" and those general powers conferred by state law.

California Government Code Section 34903 provides that in a general law city, where the mayor is directly elected on a city-wide basis by the registered voters throughout the city, the elected mayor " is a member of the city council and has all the powers and duties of a member of the city council ." This means that, as set forth California Government Code Section 36803 , the directly el ected mayor of a general law city may participate in decision-making and make or second any motion and present and discuss any matter as a member of the city council.

An additional duty of the mayor, under California Government Code Section 40602(b) , is t he requirement that the mayor sign " written contracts and conveyances made or entered into by the city ." Incidentally, the California Supreme Court has opined that a mayor's signing of a contract duly approved by the city council is a ministerial act that the mayor has a duty to perform. In other words, the mayor lacks the discretionary authority to refuse to sign a duly approved contract. See Williams v City of Stockton (1925) 195 C 743, 748.

Pursuant to California Government Code Section 36802, the mayor is also the presiding officer at all city council meetings. However, although the mayor is the presiding officer at city council meetings, a majority of the city council makes decisions on behalf of the city council. Furthermore , per 4 McQuillin, Munic ipal Corporations §13.31 (3d rev ed 2011), the presiding officer (mayor) has a duty to adhere to and enforce the procedural law or rules applicable to the city council, keep order, and follow the course of the proceedings. In addition, per California Government Code Section 38638, the mayor or other officer in control of the police force in the city must direct a sufficient number of police officers to attend and keep order at any public meeting in the city at which, in their opinion, a breach of the peace may occur. Moreover, effective January 1, 2023, G.1
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Senate Bill No. 1100, codified as California Government Code Section 54957.95 allows the mayor to order the removal of any individual from a city council meeting who actually disrupts the meeting, after firs t providing a warning to the individual that their behavior is disrupting the meeting and their failure to cease their behavior may result in removal.

Under the Brown Act, as specifically set forth in California Government Code Section 54956(a), the mayor as the “presiding officer” may call a special meeting of the city council. Incidentally, under the same section of the Brown Act, a majority of the city council may also call a special meeting of the city council.

Finally, pursuant to California Government Code Section 40605, an elected mayor, "with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute."

In summary, an elected mayor of a general law city ha s the following duties and responsibilities under state law or other applicable law:

• The mayor has all the powers and duties of a member of the city council . (See California Government Code Section 36803.)
• The mayor may participate in decision -making and make or second any motion and present and discuss any matter as a member of the city council. (See also California Government Code Section 36803.) • The mayor must sign all "written contracts and conveyances made or entered into by the city," as duly approve d by the city council. (See California Government Code Section 40602(b) and Williams v City of Stockton (1925) 195 C 743, 748.)
• The mayor is the presiding officer at all city council meetings, but a majority of the city council makes decisions on behalf of the city council. (See California Government Code Section 36802.)
• The mayor has the duty to adhere to and enforce the procedural law or rules applicable to the city council, keep order, and follow the course of the proceedings. (See 4 McQuillin, Municipal Corporations §13.31 (3d rev ed 2011).)
• The mayor or other officer in control of the police force in the city must direct a sufficient number of police officers to attend and keep order at any public meeting in the city at which, in their opinion, a breach of the peace may occur. (See California Government Code Section 38638.) • The mayor as the “presiding officer” may call a special meeting of the city council. (See California Government Code Section 54956(a).) • The mayor "with the approval of the city counc il, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute." (See California Government Code Section 40605.)
• The mayor may order the removal of any individual who disrupts a city council meetin g. (See California Government Code Section 54957.95 - Effective January 1, 2023, Senate Bill No. 1100, codified as California G.1
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Government Code Section 54957.95 allows the mayor to order the removal of any individual from a city council meeting who actually disrupts the meeting, after first providing a warning to the individual that their behavior is disrupting the meeting and their failure to cease their behavior may result in removal.

Local Policies and Procedures

Aside from the mandatory state laws, some of the mayor’s duties and responsibilities are addressed in the Rules of Procedure which were adopted and/or amended via resolutions approved over the years by former city councils. In addition, in those areas where there is ambiguity over the application of certain provisions of the Rules of Procedure, the city council is required to refer to the Standard Code which consists of over 250 additional pages of rules and procedures. Bottom line is that all the provisions pertaining to any of the mayor’s duties and responsibilities as set forth in both the Rules of Procedure and the Standard Code are discretionary, meaning that the city council can either repeal them, amend them, or maintain them. In other words, since they are not mandated by any state laws o r regulations, California Attorney General opinions, case law or other applicable legal authority, they can be changed by a majority of the city council.

Proposed Changes to Mayor’s Duties and Responsibilities

For simplicity purposes, set below are the list of duties and responsibilities set forth in Ordinance No. 988, with the highlighted provisions being the ones that are mandated by state law and other legal authorities, which means these cannot be changed; however, the remaining un -highlighted ones a re again discretionary and can be repealed, amended, or maintained.

Upon my meeting with Mayor Pro Tem Delgado and Council Member Baca -Santa Cruz, the following recommended changes have been proposed:

1. Serving as the primary liaison between the city and any other jurisdictions, unless otherwise designated by the mayor at any given time.

By eliminating this provision, each council member will be permitted to engage/communicate with representatives of other jurisdictions about any city - related matter, sub ject to certain limitations such as not representing that they are speaking on behalf of the entire city council or empowered to make any decisions or offer any financial, sponsorship or other support commitments on behalf of the city.

2. Serving as the prim ary liaison between the city and local civic organizations unless otherwise designated by the mayor at any given time.

By eliminating this provision, each council member will be permitted to engage/communicate with representatives of local civic organiza tions, such as but not limited to Rotary Club, Soroptimist, American Legion, etc. about any city - G.1
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related matter, subject to certain limitations such as not representing that they are speaking on behalf of the entire city council or empowered to make any decisions or offer any financial, sponsorship or other support commitments on behalf of the city.

3. Serving as chairperson on the city's disaster council.

4. Serving as ambassador of the city for state and national agencies.

5. Welcoming visiting dignitaries to the city.

6. Receiving all correspondence, telephone calls, emails or other forms of communications directed to the city's chief elected official or mayor, with copies or content of such communications simultaneously provided or conveyed to each council membe r whose district is affected, impacted or referenced in the subject communication, so that said council member(s) are afforded the opportunity to respond accordingly to any requested actions in lieu of the mayor.

7. Serving as the primary spokesperson for t he city on all matters affecting the city regardless of the affected district.

By eliminating this provision, each council member will be permitted to engage/communicate with the media and their constituents and local businesses regarding any matter affec ting their districts, subject to certain limitations such as not representing that they are speaking on behalf of the entire city council or empowered to make any decisions or offer any financial, sponsorship or other support commitments on behalf of the city.

8. Presiding over all press conferences on behalf of the city regarding issues affecting the entire city, unless otherwise designated by the mayor at any given time. This shall not preclude individual council members from presiding over press conference s regarding issues affecting their districts, even though the issues may affect other districts as well.

9. Making public appearances on behalf of the entire city at special events , which shall not preclude council members from also making appearances at th e same special event if the event takes place in their district outside of any of the Civic Center facilities or the event involves volunteers or participants from their districts.

10. Publicizing and promoting policies and other matters approved by the city council.

By eliminating this provision, each council member will be permitted to publicize and promote policies and other matters approved by the city council that affect their districts, subject to certain limitations such as not representing that they are G.1
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speaking on behalf of the entire city council or empowered to make any decisions or offer any financial, sponsorship or other support commitments on behalf of the city.

11. Publicizing and promoting current city programs, services and special events.

By eliminating this provision, each council member will be permitted to publicize and promote current city programs, services and special events that affect their districts, subject to certain limitations such as not representing that they are speaking on behalf of the entire city council or empowered to make any decisions or offer any financial, sponsorship or other support commitments on behalf of the city.

12. Representing the city on the above matters and other matters of general concern to the city via the broadcast media , while permitting council members to engage with the broadcast media to represent their districts on any matters affecting their districts.

13. Approving the issuance of city proclamations and signing all proclamations that have received con firmation of support by at least two council members a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

14. Approving the issuance of plaques and signing them if necessary and feasible if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

15. Approving and signing all letters of commendation if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

16. Signing all resolutions and ordinances , unless otherwise provided by city policy. (Government Code Section 40602(b).)

17. Signing contracts, unless otherwise provided by city policy. (Government Code Section 40602(b))

18. Signing all city instruments requiring the city seal;

This provision is addressed under the various Government Code which specifically describes the types of documents the mayor signs.

19. Signing sign all warrants drawn on the city treasurer , unless o therwise provided by city policy. (Government Code Section 40602(b))

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20. Approving monetary rewards if as recommended by a majority of the city council at a noticed public meeting of the city council. the police chief or city manager.

21. Approving Selecting recipients eligible to receive a "key to the city," if recommended by a majority of the city council at a noticed public meeting of the city council.

22. Approving Selecting recipients eligible to receive an "award of valor," if recommended by a majority of the city council at a noticed public meeting of the city council.

23. Presenting all proclamations, plaques, letters of commendation, keys to the city and awards of valor unless the mayor designates or approves the designation of a council member or other city of ficial to make the subject presentation particular proclamation, plaque, letter of commendation, key to the city or award of valor is being presented to an individual who resides or a business that is physically located in a particular district and the cou ncil member of the respective district requests to make the presentation.

24. Ordering the suspension of normal bidding or purchasing requirements and allow for single and sole sourcing procurement, unless otherwise provided by applicable state law.

This is set forth in the Municipal Code, which means if it is eliminated from the list of the mayor’s duties and responsibilities, it will remain to be one of the mayor’s duties in certain situations, unless the city council adopts an ordinance that specifically repeals or amends the section of the Municipal Code where this provision exists.

25. Coordinating the performance evaluation process regarding the city manager, city attorney and city clerk.

26. Nominating the mayor pro tern subject to a majority vote of the en tire membership of the city council.

The default is that individual council members will be able to make nominations, which is the current process as set forth in the Rules of Procedure.

27. Designating a sufficient number of police officers to attend and k eep order at any public meeting, if in the mayor's opinion, a breach of the peace may occur. (California Government Code Section 38638)

28. Requiring the sergeant-at-arms to carry out all orders given by the mayor for the purpose of maintaining order and deco rum as any public meeting. (California Government Code Section 36802)

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29. Ordering persons interrupting a public meeting to be seated or keep quiet and call for their arrest if the person does not comply.

This has been superseded by California Government Co de Section 54957.95 which authorizes the mayor to order the removal of any individual who disrupts a city council meeting.

30. Requiring witnesses to be sworn at public hearings.

Swearing in of witnesses at a public hearing can be requested by majority of t he city council at the beginning of a public hearing or requested by the city attorney on an as -needed basis, and the swearing in should be administered by the city clerk.

31. Serving as presiding officer at all meetings of the city council and other legislative bodies solely consisting of members of the city council. (California Government Code Section 36802)

32. Calling special meetings of the city council. (California Government Code Section 54956(a))

Under the Brown Act, a majority of the city council may al so call a special meeting, which is currently addressed in the Rules of Procedure.

33. Approving special proceedings for joint meetings.

This can be conducted on an ad hoc basis involving the city clerk and his/her counterpart at the other agency, with inpu t from the city manager and city attorney, and with the advice and consent of the mayor or mayor pro tem and the presiding officer of the other legislative body.

34. Approving all items on city council meeting agendas.

Since this is not mandated by state law or any other binding legal authority, it has been proposed that the items placed on the agenda by the mayor or a majority of the city council during a noticed public meeting of the city council or by the city manager, city attorney and city clerk remain on the agenda and not be subject to removal by the mayor outside the context of a noticed public meeting of the city council. This means that items cannot be unilaterally pulled from an agenda by the mayor without a majority vote of the city council taken at a noticed public meeting of the city council. This can be addressed under a standard agenda item labeled as “APPROVAL OF AGENDA,” which should appear at the beginning of the agenda, at which time the mayor and council members may request pulling an item from the agenda by motion, a second and majority vote to approve the removal of the item from the agenda.

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It has also been proposed that the mayor be required to place items on any agenda in the context of a noticed public meeting of the city council in the same manner as the other council members are required to follow in order to place items on an agenda. This means that if the mayor wants an item on a future agenda, the mayor must make a motion to add the item to a future agenda which must be seconded and passed by a majority vote of the city council in the context of a noticed public meeting of the city council. Placement of items on a future agenda could be addressed under a standard agenda item labeled “FUTURE AGENDA ITEMS.” This can appear at the tail end of the agenda, at which time the mayor and council members may request adding items to a future agenda by motion, a second and majority vote to approve adding the item to a future agenda.

35. Approving the order of all agendas for city council meetin gs and meetings of other legislative bodies solely consisting of members of the city council.

Since this is not mandated by state law or any other binding legal authority, this issue can be addressed as a standard agenda item labeled “APPROVAL OF AGENDA.” This will allow the city council to remove items from the agenda and to reorganize the order of the agenda via a motion, second and majority vote.

36. Designating the parliamentarian for city council meetings and meetings of other legislative bodies solely consisting of members of the city council.

It has been proposed that the Rules of Procedure simply designate someone such as the city attorney or other staff member who is knowledgeable about the rules of procedure to serve as the parliamentarian for the city council during city council meetings rather than the mayor making this decision on an ad hoc basis.

37. Appointing all members of city commissions, boards, and committees subject to approval of a majority vote of the entire membership of the city counci l. (California Government Code Section 40605)

Although this is mandated by state law, it has been recommended that the composition of all city commissions, boards and committees include at least one member from each district. Then, each council member ca n send a list of at least three recommendations to the mayor who would be obligated to nominate at least one person from each “district list” to serve on the respective commissions, boards, or committees, which will be consistent with the mayor’s right to appoint members of city commissions, boards and committees subject to approval of a majority of the entire membership of the city council. This will guarantee that each district is represented on every city commission, board, and committee.

38. Appointing alternate members to commissions and boards subject to approval by majority of the city council. (California Government Code Section 40605)

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Although this is mandated by state law, it has been recommended that the composition of all city commissions, boards and committees include at least one member from each district. Then, each council member can send a list of at least three recommendations to the mayor who would be obligated to nominate at least one person from each “district list” to serve on the respect ive commissions, boards or committees as the primary member and one person from the same list to serve as the alternate, which will be consistent with the mayor’s right to appoint members of city commissions, boards and committees subject to approval of a majority of the entire membership of the city council. This will guarantee that each district is represented by a primary member and alternate member on every city commission, board, and committee.

39. Making emergency appointments. (California Government Code Section 40605)

Although this is consistent with the mayor’s appointment authority, it is suggested that any emergency appointment be voted upon (ratified) by the city council at a subsequent special meeting or a regular meeting of the city council.

40. Screening applicants for the planning commission and holding interviews unless the mayor designates the duty to another member of the city council.

It is proposed that all council members have an opportunity to review planning commissioner applications an d to interview applicants since it has been proposed that the mayor’s appointments to city commissions (including the planning commission), committees and boards be made from a list of recommendations provided by each council member.

41. Reviewing all board, commission or committee applications.

It is proposed that all council members have an opportunity to review all applications for commission, board, and committee members since it has also been proposed that the mayor’s appointments to city commissions, c ommittees and boards be made from a list of recommendations provided by each council member with the final appointments being approved by a majority of the city council.

42. Filling special vacancies. (California Government Code Section 40605)

It is recommended that all special vacancies be subject to the same appointment process that allows the mayor to appoint members to city commissions, boards, and committees, subject to approval by a majority of the city council at a noticed public meeting of the city council.

43. Directing the city clerk to make a local appointments list.

On an annual basis, each city is required to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed G.1
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by the city council. This l ist is known as the Local Appointments List. The list must contain the following information: (a) a list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date th e term expires, and the necessary qualifications for the position; and (b) a list of all boards, commissions, and committees whose members serve at the pleasure of the city council, and the necessary qualifications for each position.

44. Establishing city council subcommittee and appointing all members to city council subcommittees. (California Government Code Section 40605)

It has been suggested that the establishment of city council subcommittees and subcommittee appointments be approved by a majority of t he city council at a noticed public meeting of the city council. However, this does not prohibit less than a majority of the city council (no more than two of the five) from meeting together to discuss issues with one another or with staff, subject to limi tations of the Brown Act regarding serial meetings.

45. Excusing the city manager, city attorney or city clerk from attending city council meetings.

It has been suggested that this be eliminated since there is no requirement that the city manager, city atto rney or city clerk be formally excused from city council meetings.

46. Preapproving all city-paid travel for any council member who intends to attend a meeting that has members of the city council as members of the legislative body presiding over the respecti ve meeting, in situations wherein the subject council member does not officially serve on the subject legislative body.

It has been proposed that this be eliminated so that each council member can decide for him/herself whether to attend any events condu cted by another jurisdiction that the council member believes may be beneficial to them as an elected official, provided that the subject costs are within the applicable budget.

47. Approving all censures of any council member who has committed any crimes of moral turpitude or violated any city policies or regulations, subject to a majority vote of the city council.

It has been recommended that proposed censures be added to an agenda in the same manner that any other future agenda item be added to an agenda. This means that if the mayor or any council member wants to censure a colleague, they must make a motion to add the censure to a future agenda at a city council meeting, which must be seconded and approved by a majority of the city council.

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Subsequent Actions

If the City Council approves any changes to the current duties and responsibilities of the Mayor, it will be necessary to memorialize any such changes via an ordinance(s) and/or resolutions to ensure that the changes are wholly consistent with the Municipal Code and the “Rules of Procedure for Council Meetings and Related Functions and Activities” and consistent with the application of the terms and provisions of the “Standard Code of Parliamentary Procedure.” These would have to be brought back o n a future agenda for the City Council’s formal consideration and action.

ALTERNATIVES

The City Council has the following alternatives:

1. Discuss the proposed changes to the scope of the Mayor’s duties and responsibilities and direct the City Attorney’s O ffice to prepare the requisite documents, such as any necessary ordinances and/or resolutions memorializing the approval of any or all of the proposed changes and place said ordinances and resolutions on a future City Council agenda for the City Council’s formal consideration and action; or

2. Discuss the proposed changes to the scope of the Mayor’s duties and responsibilities and take no further action.

FISCAL IMPACT

Any fiscal impact will be dependent upon the direction the City Council provides staff on this matter.

NOTIFICATION

This staff report was made available for public review and inspection and posted on the City’s website at least 72 hours prior to the January 17, 2023, Regular City Council meeting.

PREPARATION OF STAFF REPORT

Prepared By: Concurred By:

Steven B. Quintanilla Mayor Pro Tem Delgado
Interim City Attorney Council Member Baca-Santa Cruz

CITY COUNCIL GOALS

• Advocacy
• Community Image
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• Positive Environment
• Public Safety

ATTACHMENTS

Ordinance No. 988

APPROVALS

City Manager Approval ✓ Approved .

City Clerk Approval ✓ Approved .

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. Ord. No. 988- Mayor's Duties

APPROVALS

Budget Officer Approval ✓ Approved . 1/12/23 4:38 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 1/12/23 4:39 PM G.1
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Attachment: Ord. No. 988- Mayor's Duties (6085 : DISCUSSION OF PROPOSED CHANGES TO THE SCOPE OF THE MAYOR’S DUTIES AND