the public.
DISCUSSION
The Southern California Air Show will take place on April 22 and 23, 2023, from 8:00 a.m. to 4:30 p.m. Southern California Air Show spectators will enter March Air Reserve Base through three separate entrances. The primary entrance will be on Cactus Avenue and Elsworth Street, while the two additional entrances will be off of Cactus Avenue and Riverside Drive, and H eacock Street and Meyer Drive. The road closures will begin around 6:00 a.m. and conclude about 8:00 p.m. Event organizers anticipate approximately 500,000 – 600,000 spectators for the two-day event.
The recommended road closures are as follows:
a. Elsworth Street between Alessandro Boulevard and Cactus Avenue b. Veterans Way between Alessandro Boulevard and Cactus Avenue c. Frederick Street between Alessandro Boulevard and Cactus Avenue
The road closures will alleviate traffic congestion and increase public safe ty for all motorists. Local traffic wishing to enter and exit commercial businesses adjacent to the road closures will have access during the event. All barricades at intersections will be removed no later than 8:00 p.m. Police officers will be stationed a t the following major intersections for safety and traffic control on both days of the Southern California Air Show.
• Elsworth Avenue and Cactus Avenue -- the Graeber Gate • Veterans Way and Cactus Avenue
• Frederick Street and Cactus Avenue
• Graham Street and Cactus Avenue -- the Riverside Gate • Heacock Street and Cactus Avenue
• Heacock Street and JFK -- the JFK gate
• Heacock Street and Brodiaea Avenue
• Riverside Dr. and Meyer Dr.
• Heacock Street between Nandina Avenue and Iris Avenue • Elsworth Street and Alessandro Boulevard
• Frederick Street and Alessandro Boulevard
• Graham Street and Alessandro Boulevard
• Heacock Street and Alessandro Boulevard
All the businesses and residents potentially impacted by the road closures will receive written notification regarding the cl osure dates and times. Notification of the road closures will occur a minimum of 24 hours prior to the event . Furthermore, they will have access to their businesses/properties during the closures. The recommended road closures for the Southern California Air Show at March Field similar to the closures for the Airfest in 2018.
The massive gathering of spectators will require additional Moreno Valley Police A.10
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Department personnel to be assigned to patrol the event. The Moreno Valley Police Department personne l will work jointly with military police. A security plan will be utilized combining foot, bike and vehicle patrols. These personnel will be available to assist medical staff and traffic patrol officers.
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report.
The approval will promote safe ingress and egress from the Southern California Air Show for all spectators while reducing the negative impact from the heavy traffic.
2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will limit traffic solutions for the Air Show.
FISCAL IMPACT
Any cost associated with the requested street closures are covered in the Police Departments FY 2022/23 operating budget.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Wei Sun, T.E., PTOE Melissa Walker, P.E
City Traffic Engineer Public Works Director/City Engineer
Concurred By:
Deputy Ernest Dominguez
Police Department
CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
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
A.10
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To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
Budget Officer Approval ✓ Approved . 3/24/23 9:51 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/24/23 9:53 AM A.10
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Report to City Council
ID#6182 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer
AGENDA DATE: April 4, 2023
TITLE: APPROVE ANNUAL MEASURE A (RCTC) LOCAL
STREETS AND ROADS FIVE -YEAR CAPITAL
IMPROVEMENT PLAN FOR FY 2023/24-2027/28
RECOMMENDED ACTION
Recommendations:
1. Approve and authorize submittal of the City of Moreno Valley’s annual Measure A (RCTC) Local Streets and Roads Five -Year Capital Improvement Plan for Fiscal Years 2023/24 – 2027/28 and Maintenance of Effort Certification for Fiscal Year 2023/24 to the Riverside County Transportation Commission; and
2. Authorize the Director of Public Works/City Engineer to submit an annual amended five -year plan to the Riverside County Transportation Commission if changes are made to the listed Measure A (RCTC) projects.
SUMMARY
This report recommends approval of the City of Moreno Valley’s Measure A Local Streets and Roads Five -Year Capital Improvement Plan (CIP) for Fiscal Years 2023/24 – 2027/28 (Plan) and Maintenance of Effort (MOE) Certification for FY 2023/24. Annual submittal of the Measure A Plan and MOE to the Riverside County Transportation Commission (RCTC) is required for continued receipt of Measure A funds. The approval of the attached Plan does not obligate any Measure A expenditures.
DISCUSSION
Measure A is a major funding source for transportation infrastructure improvements and operational elements of the Public Works Department. The City is scheduled to receive $6,369,000 in Measure A revenue by Fiscal Year (FY) 2022/23 year -end and an estimated $6,392,000 in funding for FY 2023/24.
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RCTC requires all local jurisdictions to submit an annual five -year CIP, which includes a Project Status Report for FY 2022/23 Measure A funded CIP projects, for continued receipt of Measure A Local S treets and Roads funds. The projects are included in the Measure A Five-Year CIP to satisfy RCTC Ordinance No. 02 -001 and only City projects with Measure A funding are required to be reported. City staff can forward amended Measure A project lists to R CTC when necessary. The purpose of this report is to document progress to date on engineering, right -of-way acquisition, construction, and anticipated project completion dates. The approval of the attached Plan does not obligate any Measure A expenditures.
The projects on the attached Plan are already part of the City Council approved CIP Budget or Operating Budget. No new projects are proposed with this action. The CIP projects listed in this Plan are recommended to move forward to ensure outside fun ding sources with deadlines (e.g. grants) are not lost and to avoid delays that would otherwise increase project costs. Additionally, the operational elements listed on the attached Plan ensure critical Public Works items (e.g. traffic signage and marking s) continue.
RCTC Ordinance No. 02 -001 also requires the City to provide an executed MOE Certification Statement indicating that Measure A funds will not replace local discretionary funds used for the City's transportation issues, but will be in additi on to the City’s funds for transportation purposes. The City’s MOE base year amount, approved by the RCTC at its July 2011 meeting, is $1,459,153. The MOE requirement is met by the Public Works Department General Fund operating budgets.
Approval of the r ecommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenanc e programs, public facilities management strategies, and capital improvement programming and project delivery.”
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. RCTC requires all cities within its jurisdictio n to submit a plan by May 1, 2023. This alternative allows the City to continue receiving Measure A revenue annually to fund significant roadway and other transportation related infrastructure improvements. Staff recommends this action.
2. Do not approve a nd authorize the recommended actions as presented in this staff report. Since RCTC requires jurisdictions to submit a plan by May 1, 2023 in order to continue to receive Measure A funds, this alternative jeopardizes a significant revenue stream for the Ci ty, affecting the ability to deliver critical transportation related infrastructure improvements. Staff does not recommend this action.
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FISCAL IMPACT
The timely approval and submittal of the Measure A Five -Year CIP by May 1, 2023 ensures continued receipt of Measure A funds for FY 2023/24. City staff will forward an amended Measure A project list to RCTC if there are any changes throughout FY 2023/24. Measure A funds can only be used for transportation related purposes.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Natalia Lopez Melissa Walker, P.E.
Senior Management Analyst Public Works Director / City Engineer
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. FY 2023/24 - 2027/28 Measure A CIP and FY 2022/23 Project Status
2. FY 2023/24 Measure A MOE Certification Statement - Moreno Valley
APPROVALS
Budget Officer Approval ✓ Approved . 3/30/23 5:43 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/30/23 5:43 PM A.11
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Agency:
Prepared by:
Phone #:
Date:
9,090,712$
6,369,000
( 8,359,775 )
7,099,937
6,392,000
13,491,937$
Item No. Project Name / Limits Project Type Total Project Cost Measure A Funds FY 2023/24
2024-01 Public Works - Capital Projects
Program Budget
Project Administration 209,046$ 209,046$
2024-02 Public Works - Citywide Sign/Striping Maintenance 896,848 896,848 2024-03 Public Works - Right of Way
Maintenance
Maintenance 647,370 647,370
2024-04 Fixed Charges/ Indirect Cost Overhead Cost 245,711 245,711 2024-05 Transfers to 2013-2014 Refunding
Lease Revenue Bonds
Debt Service 1,059,115 1,059,115
2024-06 2020 Refunding of TRIP COP 13A Debt Service 404,685 404,685 2024-07 Annual Pavement Maintenance -
Crack Seal
Street Improvement(s) 81,014 81,014
2024-08 Traffic Signal Equipment Upgrades Traffic Signal(s) 333,438 137,214 2024-09 Moreno MDP Line F-18 and F-19 Drainage 2,003,925 139,382 2024-10 Moreno MDP Line K-1, K-4 Stg 3 Drainage - -
2024-11 Sunnymead Master Drainage Plan -
Storm Drain Lines F and F-7
Drainage 5,556,976 13,895
2024-12 Citywide Pavement Rehabilitation
Program
Street Improvement(s) 6,950,000 -
TOTAL 18,388,128$ 3,834,280$
FY 2023/24
Moreno Valley
Natalia Lopez
(951) 413-3062
3/8/2023
Estimated Measure A Available for FY 2023/24 Projects
FY 2021/22 Audited Measure A Balance:
FY 2022/23 Measure A Revenue:
Less: FY 2022/23 Project Status Report Expenses:
Estimated Prior Year Measure A Balance:
Estimated FY 2023/24 Measure A Allocation:
MEASURE A
LOCAL STREETS
AND ROADS PROGRAM
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Attachment: FY 2023/24 - 2027/28 Measure A CIP and FY 2022/23 Project Status (6182 : APPROVE ANNUAL MEASURE A (RCTC) LOCAL Agency:
Prepared by:
Phone #:
Date:
9,657,657$
6,520,000
16,177,657$
Item No. Project Name / Limits Project Type Total Project Cost Measure A Funds FY 2024/25
2025-01 Public Works - Capital Projects
Program Budget
Project Administration 209,046$ 209,046$
2025-02 Public Works - Citywide Sign/Striping Maintenance 896,848 896,848 2025-03 Public Works - Right of Way
Maintenance
Maintenance 647,370 647,370
2025-04 Fixed Charges/ Indirect Cost Overhead Cost 245,711 245,711 2025-05 Transfers to 2013-2014 Refunding
Lease Revenue Bonds
Debt Service 1,059,115 1,059,115
2025-06 2020 Refunding of TRIP COP 13A Debt Service 404,685 404,685 2025-07 Annual Pavement Maintenance -
Crack Seal
Street Improvement(s) 60,000 60,000
2025-08 Traffic Signal Equipment Upgrades Traffic Signal(s) 80,000 80,000 TOTAL 3,602,775$ 3,602,775$
Estimated Prior Year Measure A Balance:
Estimated FY 2024/25 Measure A Allocation:
Estimated Measure A Available for FY 2024/25 Projects:
FY 2024/25
Moreno Valley
Natalia Lopez
(951) 413-3062
3/8/2023
MEASURE A
LOCAL STREETS
AND ROADS PROGRAM
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Attachment: FY 2023/24 - 2027/28 Measure A CIP and FY 2022/23 Project Status (6182 : APPROVE ANNUAL MEASURE A (RCTC) LOCAL Agency:
Prepared by:
Phone #:
Date:
12,574,882$
6,650,000
19,224,882$
Item No. Project Name / Limits Project Type Total Project Cost Measure A Funds FY 2025/26
2026-01 Public Works - Capital Projects
Program Budget Management,
Pavement Management Program,
preparation of grant applications,
quarterly utility coordination, and
project engineering and right of way
services for unfunded new projects.
Project Administration 209,046$ 209,046$
2026-02 Public Works - Citywide Sign/Striping Maintenance 896,848 896,848 2026-03 Public Works - Right of Way
Maintenance
Maintenance 647,370 647,370
2026-04 Fixed Charges/ Indirect Cost Overhead Cost 245,711 245,711 2026-05 Transfers to 2013-2014 Refunding
Lease Revenue Bonds
Debt Service 1,059,115 1,059,115
2026-06 2020 Refunding of TRIP COP 13A Debt Service 404,685 404,685 2026-07 Annual Pavement Maintenance -
Crack Seal
Street Improvement(s) 60,000 60,000
2026-08 Traffic Signal Equipment Upgrades Traffic Signal(s) 80,000 80,000 TOTAL 3,602,775$ 3,602,775$
Estimated Prior Year Measure A Balance:
Estimated FY 2025/26 Measure A Allocation:
Estimated Measure A Available for FY 2025/26 Projects:
FY 2025/26
Moreno Valley
Natalia Lopez
(951) 413-3062
3/8/2023
MEASURE A
LOCAL STREETS
AND ROADS PROGRAM
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Attachment: FY 2023/24 - 2027/28 Measure A CIP and FY 2022/23 Project Status (6182 : APPROVE ANNUAL MEASURE A (RCTC) LOCAL Agency:
Prepared by:
Phone #:
Date:
15,622,107$
6,783,000
22,405,107$
Item No. Project Name / Limits Project Type Total Project Cost Measure A Funds FY 2026/27
2027-01 Public Works - Capital Projects
Program Budget
Project Administration 209,046$ 209,046$
2027-02 Public Works - Citywide Sign/Striping Maintenance 896,848 896,848 2027-03 Public Works - Right of Way
Maintenance
Maintenance 647,370 647,370
2027-04 Fixed Charges/ Indirect Cost Overhead Cost 245,711 245,711 2027-05 Transfers to 2013-2014 Refunding
Lease Revenue Bonds
Debt Service 1,059,115 1,059,115
2027-06 2020 Refunding of TRIP COP 13A Debt Service 404,685 404,685 2027-07 Annual Pavement Maintenance -
Crack Seal
Street Improvement(s) 60,000 60,000
2027-08 Traffic Signal Equipment Upgrades Traffic Signal(s) 80,000 80,000 TOTAL 3,602,775$ 3,602,775$
Estimated Prior Year Measure A Balance:
Estimated FY 2026/27 Measure A Allocation:
Estimated Measure A Available for FY 2026/27 Projects:
FY 2026/27
Moreno Valley
Natalia Lopez
(951) 413-3062
3/8/2023
MEASURE A
LOCAL STREETS
AND ROADS PROGRAM
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Attachment: FY 2023/24 - 2027/28 Measure A CIP and FY 2022/23 Project Status (6182 : APPROVE ANNUAL MEASURE A (RCTC) LOCAL Agency:
Prepared by:
Phone #:
Date:
18,802,332$
6,919,000
25,721,332$
Item No. Project Name / Limits Project Type Total Project Cost Measure A Funds FY 2027/28
2027-01 Public Works - Capital Projects
Program Budget
Project Administration 209,046$ 209,046$
2027-02 Public Works - Citywide Sign/Striping Maintenance 896,848 896,848 2027-03 Public Works - Right of Way
Maintenance
Maintenance 647,370 647,370
2027-04 Fixed Charges/ Indirect Cost Overhead Cost 245,711 245,711 2027-05 Transfers to 2013-2014 Refunding
Lease Revenue Bonds
Debt Service 1,059,115 1,059,115
2027-06 2020 Refunding of TRIP COP 13A Debt Service 404,685 404,685 2027-07 Annual Pavement Maintenance -
Crack Seal
Street Improvement(s) 60,000 60,000
2027-08 Traffic Signal Equipment Upgrades Traffic Signal(s) 80,000 80,000 TOTAL 3,602,775$ 3,602,775$
Estimated Prior Year Measure A Balance:
Estimated FY 2027/28 Measure A Allocation:
Estimated Measure A Available for FY 2027/28 Projects:
FY 2027/28
Moreno Valley
Natalia Lopez
(951) 413-3062
3/8/2023
MEASURE A
LOCAL STREETS
AND ROADS PROGRAM
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Attachment: FY 2023/24 - 2027/28 Measure A CIP and FY 2022/23 Project Status (6182 : APPROVE ANNUAL MEASURE A (RCTC) LOCAL Agency:
Prepared by:
Phone #:
Date:
Item No. Project Name / Limits Project Type Total Cost Anticipated Measure A Funds Expended (Est
thru 06/30/2023)
Estimated / Actual Completion Status
2023-01 Public Works - Capital Projects
Program Budget
Project Administration 209,046.00$ 209,046.00$ N/A Annual Budget 2023-02 Public Works - Citywide Sign/Striping Maintenance 896,848.00$ 896,848.00$ N/A Annual Budget 2023-03 Public Works - Right of Way
Maintenance
Maintenance 647,370.00$ 647,370.00$ N/A Annual Budget 2023-04 Fixed Charges/ Indirect Cost Overhead Cost 245,711.00$ 245,711.00$ N/A Annual Budget 2023-05 Transfers to 2013-2014 Refunding
Lease Revenue Bonds
Debt Service 1,059,115.00$ 1,059,115.00$ N/A Annual Budget 2023-06 2020 Refunding of TRIP COP 13A Debt Service 404,685.00$ 404,685.00$ N/A Annual Budget 2023-07 Annual Pavement Maintenance -
Crack Seal
Street Improvement(s) 100,000.00$ 100,000.00$ N/A On-going annual project 2023-08 Traffic Signal Equipment Upgrades Traffic Signal(s) 120,000.00$ 120,000.00$ N/A as needed Accessible Pedestrian Signal upgrades
2023-09 Moreno MDP Line F-18 and F-19 Drainage 8,660.00$ -$ 3/31/2025 Design 2023-10 Moreno MDP Line K-1, K-4 Stg 3 Drainage 2,000.00$ 2,000.00$ N/A Design, project on hold 2023-11 Sunnymead Master Drainage Plan -
Storm Drain Lines F and F-7
Drainage 173,314.00$ -$ 8/31/2025 Design
2023-12 Citywide Pavement Rehabilitation
Program
Street Improvement(s) 4,675,000.00$ 4,675,000.00$ 9/30/2023 Construction TOTAL 8,541,749$ 8,359,775$
PROJECT STATUS REPORT FY 2022/23
Moreno Valley
Natalia Lopez
(951) 413-3062
3/8/2023
MEASURE A
LOCAL STREETS
AND ROADS PROGRAM
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Attachment: FY 2023/24 - 2027/28 Measure A CIP and FY 2022/23 Project Status (6182 : APPROVE ANNUAL MEASURE A (RCTC) LOCAL
FY 2023/24
MAINTENANCE OF EFFORT CERTIFICATION STATEMENT
The undersigned agrees and certifies for the city of Moreno Valley (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02 -001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $1,459,153, approved by the Commission at its July 13, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes.
The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction o f loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission.
Dated: ________________
CITY MANAGER
ATTEST:
SECRETARY
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Attachment: FY 2023/24 Measure A MOE Certification Statement - Moreno Valley (6182 : APPROVE ANNUAL MEASURE A (RCTC) LOCAL
Report to City Council
ID#6198 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Jeremy Bubnick, Parks & Community Services Director
AGENDA DATE: April 4, 2023
TITLE: APPROVE AGREEMENT WITH ARCHITERRA DESIGN
GROUP FOR ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES FOR THE INSTALLATION OF
RESTROOMS AT THE MORENO VALLEY
AMPHITHEATER PARK AND ADRIENNE MITCHELL
MEMORIAL PARK, PROJECT NO. 807 0060
RECOMMENDED ACTION
Recommendations: That the City Council and CSD:
1. Award an Agreement for Professional Consultant Services with Architerra Design Group, Inc., for architectural and engineering design services for the installation of restrooms at the Moreno Val ley Amphitheater Park and Adrienne Mitchell Memorial Park;
2. Authorize the City Manager to execute the contract with Architerra Design Group, Inc.;
3. Authorize the issuance of a purchase order in the amount of $149,625 upon execution of the Agreement for Pr ofessional Consultant Services with Architerra Design Group, Inc. Funds are available in the Park Rehabilitation and Refurbishment Program (Fund 5011); and
4. Authorize the Parks and Community Services Director to execute subsequent Amendments to the Agreeme nt with Architerra Design Group, Inc. within Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.
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SUMMARY
This report recommends approval of the Agreement for Professional Consultant Services with Architerra Design Group, Inc. for architectural and engineering design services for the installation of restrooms at the Moreno Valley Amphitheater Park and the Adrienne Mitchell Memorial Park associated with Project No. 807 0060. The funding for design and construction related services as well as project management is currently available through Park Rehabilitation and Refurbishment Program (Fund 5011).
DISCUSSION
In November 2018, Architerra Design Group, Inc. was selected through a request for proposal process to provide architectural and engineering design services for the Moreno Valley Amphitheater and Park project. On November 13, 2018, the City Council approved the agreement for professional consultant services with Architerra Design Group, Inc. for the Amphitheater and Park design work. The consultant completed the design at 70 percent stage for the amphitheater and the park to include a public restroom to be constructed next to the amphitheater. However, the restroom was removed from the final design and eventually was not constructed with the amphitheater due to limited project budget.
Architerra Design Group’s scope of work includes making modifications to the original design of the restroom to have it constructed at a new location within the park to accommodate existing improvements while minimizing disturbances and construction related effects. The consultant is responsible for completing the plans, sp ecifications, and cost estimate and re -package the bidding documents to advertise for construction bids. The consultant is to utilize the information from previous design as much as possible to save time and efforts to finish the bidding package in short time frame.
In addition to the amphitheater park restroom, Architerra Design Group is requested to provide design layout for installing a prefab restroom within the Adrienne Mitchell Memorial Park at the southwest corner of Bay Avenue and Pan Am Boulevard . This restroom will have similar design features as the amphitheater park restroom but be significantly smaller in size. Staff proposes to have these two restrooms designed and constructed together to take the advantage of a more consistent and cost -effective design and more favorable construction bids.
Improvements to the Civic Center Amphitheater Park and Adrienne Mitchell Memorial Park are consistent with Momentum MoVal , the City Council’s strategic vision for Moreno Valley. The parks have been servi ng as important hubs for the community’s diverse population to enjoy youth programming, arts events, community concerts, and family gathering.
ALTERNATIVES
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1. Approve the recommended actions as presented in this staff report. Staff recommends this alternative.
2. Do not approve the recommended actions as presented in this staff report. Staff does not recommend this alternative.
FISCAL IMPACT
There is no impact to the General Fund. Professional consultant design services will be funded from the available Park Rehabilitation and Refurbishment Program, project 807 0060-5011. Funding for project 807 0060 was approved by City Council on October 18, 2022. No additional funding is being requested at this time.
AVAILABLE BUDGET:
Zone A (CIP Parks)
(Account No. 5011-50-57-80007-720199; Project No. 807 0060-5011).…$6,000,000.00
ESTIMATED COSTS:
Architectural and engineering design services …………………………...…..$149,625.00
NOTIFICATION
Posting of the Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Patty Yhuit Jeremy Bubnick
Senior Management Analyst Parks & Community Services Director
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excelle nt image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
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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. Agreement with Architerra Design Group Inc
APPROVALS
Budget Officer Approval ✓ Approved . 3/24/23 9:58 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/24/23 10:08 AM B.4
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1 AGREEMENT FOR PROFESSIONAL CONSULTANT DESIGN SERVICES FOR
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR
THE INSTALLATION OF RESTROOMS AT THE MORENO VALLEY AMPHITHEATER
PARK AND ADRIENNE MITCHELL MEMORIAL PARK
PROJECT NO. 807 0060
This Agreement is by and between the City of Moreno Valley, Califor nia, a municipal corporation, hereinafter described as "Cit y," and Architerra Design Group, Inc., a California corporation, hereinafter described as "Consultant." This Agreement is made and entered into effective on the date the City signs this Agreement.
RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, the Consultant was selected through a request for proposal and selection process and on November 21, 2018 entered into an Agreement with the City to provide Professional Services for Architectural and Engineering Design and Construc tion related services for the Civic Center Amphitheater and Park; and WHEREAS, the Consultant has completed 80 percent design of the restroom as part of the Civic Center Amphitheater and Park design pac kage; however, the restroom was not constructed with the amphitheater park due to limited budget; and WHEREAS, the City desires to proceed with the installation of the restroom since funding becomes available and to have the Consultant completes the design and bid package for the Project; and
WHEREAS, the City desires to include the design related services for the installation of a small restroom within the Adrienne Mitchell Memorial Park to the scope of work for this Project; and
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Attachment: Agreement with Architerra Design Group Inc (6198 : APPROVE AGREEMENT WITH ARCHITERRA FOR ARCHITECTURAL & AG
REEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
2 WHEREAS, the City has requested Consultant to provide proposals and associated fees for the services described in Exhibit "A" (City’s Scope and Fee Request Letter) attached hereto; and WHEREAS, the City does not have available employees to perform the services for the Project; and
WHEREAS, the Consultant is professionally qualified in Californ ia to perform the professional and technical services required for the Project; THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:
DESCRIPTION OF PROJECT
1. The project is described as professional consultant services for: ARCHITECTURAL
AND ENGINEERING DESIGN SERVICES FOR THE INSTALLATION OF RESTROOMS AT THE
MORENO VALLEY AMPHITHEATER PARK AND ADRIENNE MITCHELL MEMORIAL PARK, PROJECT NO. 807 0060.
SCOPE OF SERVICES
2. The Consultant's scope of service is described on Exhibit "B" attached hereto and incorporated herein by this reference.
3. The City's responsibility is described on Exhibit "C" attached hereto and incorporated herein by this reference.
PAYMENT TERMS
4. The City agrees to pay the Consultant and the Consultant agrees to receive a "Not- to-Exceed" fee of $149,625.00 in accordance with the payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.
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Attachment: Agreement with Architerra Design Group Inc (6198 : APPROVE AGREEMENT WITH ARCHITERRA FOR ARCHITECTURAL &
AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
3 TERM OF AGREEMENT
5. This agreement will terminate on June 30, 2025, or prior if parties are in mutually agreement; otherwise the termination date may be extended by an amendment to this agreement.
TIME FOR PERFORMANCE
6. The Consultant shall commence services upon receipt of written direction to proceed from the City.
7. The Consultant shall perform the work described on Exhibit "B" in accordance with the schedule set forth in Exhibit "E" attached hereto and incorporated by this reference.
8. The Consultant and the City agree that the schedule in Paragraph 7 above represents their best estimates with respect to completion dates, and both the Consultant and the City acknowledge that it will not unreasonably withhold approval of the Consultant’s requests for extensions of time in which to complete the work required of the Consultant hereunder.
9. The Consultant shall not be responsible for performance delays caused by others or delays beyond the Cons ultant's reasonable control, and such delays shall extend the time for performance of the work by the Consultant. Delays caused by non -performance or unjustified delay in performance by a subconsultant of the Consultant are not considered to be beyond the Consultant's reasonable control.
10. (a) The Consultant agrees that the personnel, including the principal Project manager, and all subconsultants assigned to the Project by the Consultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the Consultant without written prior approval of the City.
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
4 SPECIAL PROVISIONS
11. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.
12. The Consultant may also retain or subcontract for the services of other necessary consultants with the prior written approval of the City. Payment for such services shall be the responsibility of the Consultant. Any and all subconsultants employed by the Consultant shall be subject to the terms and conditions of this Agreement, except that the City shall have no obligation to pay any subconsultant for services rendered on the Project.
13. The Consultant and the City agree to use reasonable care and diligence to perform their respective services under this Agreement, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California working under similar circumstances. Unless hereinafter specified, neither party shall be responsible for the services of the other or any subcontractor or sub-consultant employed by the other party.
14. T he Consultant shall comply with applicable federal, state, and local laws in the performance of work under this Agreement.
15. (a) To the maximum extent allowable by law, the Consultant agrees to indemnify, defend, and save the City , their officers, agents and employees harmless fr om any and all liabilities, (including without limitation all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of B.4.a
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
5 nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant or the acts or omissions of an employee, agent or subcontractor of Consultant, except for claims arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of City unless caused at least in party by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
(b) The City agrees to indemnify, defend and save the Consultant and their of ficers, agents and employees harmless from any and all liability, claims, damages or inj uries to any person, including injury to the City's employees and all claims which arise from or are connected with the negligent performance or failure to perform the services or other obligations of the City under this Agreement, or are caused or claim to be caused by the negligent acts of the City, their
officers, agents or employees, or its subcontractor(s) or any person acting for the City or under its control or direc tion; provided, however, that this indemnificat ion and hold harmless shall not include any claims arising from the negligence or willful misconduct of the Consultant, its officers, agents or employees.
16. (a) The Consultant shall procure and maintain, at its sole expense, throughout the term of this Agreement and any extension thereof, Professional Errors and Omission Insurance coverage in the form and substance and with carriers acceptable to the City. Such coverage limits shall not be less than $1,000,000 per claim and aggregate. (b) During the entire term of this Agreement, the Consultant agrees to procure and maintain General Liability Insurance in form and substance and with carriers acceptable to the City at its so le expense to protect against loss f rom liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or al leged to be suffered by any B.4.a
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
6 person or persons whomever, resulting directly or indir ectly from any act or acti vities of the Consultant its sub-con sultant or any person acting for the Consultant or under its contr ol o r direction, and also to protect against loss from liability imposed by law for damages to any property of any persons caused directly or indirectly b y or from acts or activities of the Consultant or its subconsultants, or any person acting for the Consultant or under its control or direction. (c) Such Public Liability and Property Damage Insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum limits provided below:
GENERAL LIABILITY
Bodily Injury $1,000,000 per occurrence
Property Damage $ 500,000 per occurrence
A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the above minimum limits.
(d) If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the Consultant agrees that the minimum general liability limits hereinabove designated shall be changed accordingly upon request by the City Manager.
(e) The Consultant shall procure and maintain, at its sole expense, and throughout the term of this Agreement and any extension thereof, Automobile Liability Insurance coverage for owned and non-owned automobiles equipment operated on City premises. Such coverage limits shall not be less than $1,000,000 combined single limit. (f) The Consultant shall procure and m aintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the Stat e of B.4.a
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
7 California and which shall indemnify, insure and provide legal defense for both the Consultant and the City against any loss, cl aim, or damage arising fro m any injuries or occupational diseases happening to any worker employed by the Consultant in the course of carrying out the Agreement. (g) A Certificate of Insurance, or an appropriate insurance binder evidencing the above insurance coverage shall be subm itted to the City Clerk prior to the execution of this Agreement on behalf of the City.
(h) The Certificat e of Insurance or an appro priate binder shall bear an endorsement containing the following provisions:
"Solely as respect to services done by or on behalf of the named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley and Western Riverside Council of Governments , their officers, employees and agents are included as additional insured under the commercial general and automobile liability policies and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley and Western Ri verside Council of Governments, their officers, employees and agents." (i) Insurance companies providing insurance hereunder shall be rated (A minus: VII - Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. (j) The terms of the ins urance policy or policies issued to provide the above insurance coverage shall not be amended to reduc e the above required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by certified B.4.a
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
8 or registered mail. In the event the said insurance is canceled, the Consultant shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established.
17. During the per formance of this Agreement, the Consultant will not unlawfully discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, sex, or age. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without r egard to their race, religion, creed, color, national origin, sex, or age.
18. Consultant and subconsultants shall pay prevailing wage rates when required by the Labor Laws of the State of California.
19. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, in both hard copy and electronic format, fully completed and detailed project-related documents which shall become the property of the City. The Consultant may retain, for its files, c opies of any and all mater ial, including drawings, documents, and specifications, produced by the Consultant in performance of t his Agreement. It sha ll be understood that the City shall be the owner of all project-related documents and drawings at all times and during all phases of the project.
(b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any u nauthorized use of computat ions, maps, and other documents prepared or provided by the Consultant under this Agreement, if used by the City on other projects without the permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
9 20. (a) The City may terminate this Agreement without fault on the part of Consultant by giving at least ten (10) days written notice to the Consultant. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of term ination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Consultant within thirty (30) days after the date of termination for all non - objected to services performed by the Consultant in accordance herewith through the date of termination. Such termination may be effective immediately. (b) Upon notice of termination, the Consultant shall deliver to the Public Works Director/City Engine er o f the City or his designated representati ve, in both hard copy and electronic format, fully completed and detailed project-related documents which shall become the property of the City. Subject to 20.a. of this Agreement, the City shall make payment to Consultant for work or services performed within the Standard of Care upon termination. The Consultant may retain for its files and copies of any and all mat erials, including draw ings, documents, and specifications produced by the Consultant in performance of this Agreement. It shall be understood that the City shall be the owner of all project -related documents and drawings, regardless of the completeness of said documents.
(c) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(d) Either party may terminate this Agreement for cause; provided, however, if the party claimed to be in default commences to cure, correct or remedy the alleged default within fifteen (14) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default B.4.a
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
10 hereunder. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated therewith. In the event the City so terminates this Agreement for cause, the Consultant shall perform no further service(s) under the Agreement unless the notice of term ination authorizes such further work.
21. This Agreement is binding upon the City and the Consultant and their successors and assigns. Except as o therwise provided herein, neither the City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the other.
22. A City representative shall be designated by the City and a Consultant representative shall be designated by the Consultant. The City representative and the Consultant representative shall be the primary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, and the Consultant's representative shall cooperate with the City in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.
23. This Agreement represents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties.
24. Where the payment terms provide for compensation on a time and materials basis, the Consultant shall maintain adequate records to permit inspection and audit of the Consultant's time and materials charges under this Agreem ent. The Consult ant shall make such records available to the City at the Consultan t's office during normal bus iness hours upon reasonable B.4.a
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
11 notice. Nothing herein shall convert such records into public records. Except as may be otherwise required by law, such records will be available only to the City. Such records shall be maintained by the Consultant for three (3) years following completion of the services under this Agreement.
25. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
26. The Consultant shall employ no City official or employee in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.
27. All Plans, drawings, Specifications, reports, logs, and other documents prepared by the Consultant in its performance under this Agreement shall, upon completion of the project, be delivered to and be the property of the City, provided that the Consultant shall be entitled, at its own expense, to make copies thereof for its own use.
28. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this A greement, and shall also govern the interpretation of this Agreement. The Consultant hereby agrees to the following provisions regarding the California Public Employees’ Retirement System (CalPERS):
• CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the law, the Consultant shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation, payment that City is required as a result to make to CalPERS, B.4.a
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CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
12 whether in the for m of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest. • CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat all persons working for or under the direction of the Consultant as an independent contractor of City and agents and employees of the Consultant, and not as agents or employees of City. The Consultant and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City. • CalPERS Ret iree Disclosure . CONTRACTOR hereby expressly agrees to clearl y and conspicuously disclose to City in writing any and all persons working for the Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to City approval, assigned by The Consultant to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations. • Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, the Consultant shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either the Consultant or the City files an appeal or court challenge, Consultant and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 807 0060
13 SIGNATURE PAGE FOLLOWS
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AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES
PROJECT NO. 801 0052
14 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley Architerra Design Group, Inc.
BY: BY:
City Manager
DATE:
TITLE:
(President or Vice President)
BY:
TITLE:
(Corporate Secretary)
Enclosures: Exhibit “A” – City’s Scope and Fee Request Letter Exhibit “B” – Consultant’s Scope of Work and Schedule
Exh ibit “C” – City’s Responsibility
Exhibit “D” – Terms of Payment
Exhibit “E” – insurance Requirements
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Parks & Community Services Director
Date
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EXHIBIT “C”
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in -house data which is perti nent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, copies of record and off-record maps and other record and off-record property data, right-of-way maps and other right-of-way data, pending or proposed subject property land division and development appl ication data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.
2. Provide timely review, processi ng, and reasonably expe ditious approval of all submittals by the Consultant.
3. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.
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EXHIBIT “D”
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $149,625.00 .
2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of More no Valley business license are located at: http://www.moval.org/do_biz/biz-license.shtml
3. The Consultant will electronically submit an invoice and a hard copy invoice to the City monthly for payments along with documentation evidencing services completed to date. The milestone payment is based on actual time and materials expended in furnishing authorized professional services during the preceding period. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any milestone payment shall be final. The consultant will submit all original invoices to Accounts Payable staff at [email protected]. Accounts Payable questions can be directed to (951) 413-3073. Copies of invoices may be submitted to the Capital Projects Division at [email protected] or calls directed to (951) 413-3155.
4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, B.4.a
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late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
5. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services per formed and rates, explicit portion of a c ontract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Consultant for all invoiced, authorized professional services within forty-five (45) days of receipt of the invoice for same.
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EXHIBIT “E”
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession.
Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured ret entions as respects City, Moreno Valley Community Services District (CSD), Housing Authority and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage shall be primary and no contributi on shall be required of City.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
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If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. I nsurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non- renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.
Verification of Coverage
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
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Report to City Council
ID#6214 Page 1
TO: Mayor and City Council
FROM: Jane Halstead, CMC, City Clerk
Steve Quintanilla, Interim City Attorney
AGENDA DATE: April 4, 2023
TITLE: PROCESS OF THE SELECTION OF THE MAYOR PRO
TEM
RECOMMENDED ACTION
Recommendation:
1. That the City Council cons ider the “Equal Opportunity” option for selecting the Mayor Pro Tem which provides that the Council Member who has not served as Mayor Pro Tem for the longest period of time be appointed as Mayor Pro Tem.
SUMMARY
On February 21, 2023, the City Council a t a regularly scheduled meeting considered various options for selecting the Mayor Pro Tem. Thereafter, the City Council at the March 14, 2023 Study Session again reviewed the various options. At the Study Session, the City Council did not provide staff w ith any direction on the matter.
However, the Mayor has requested that the matter be placed on this agenda which he is permitted to do pursuant current City’s “Rules of Procedure for Council Meetings and Related Functions and Activities.”
DISCUSSION
Mayor Cabrera is interested in the “Equal Opportunity” option which generally allows each Council Member to serve as Mayor Pro Tem, which provides each Council Member with a fair and equal opportunity to serve as Mayor Pro Tem.
The Equal Opportunity option for selecting the Mayor Pro Tem simply provides that the Council Member who has NOT served as Mayor Pro Tem the longest, is appointed as Mayor Pro Tem. This means that every year, when the Mayor Pro Tem is selected, the City Clerk will report who has not served as Mayor Pro Tem for the longest continuous H.1
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period of time. If there is tie, the City Council can then vote to decide which of the Council Members who are in a tie with a colleague will serve as Mayor Pro Tem.
ALTERNATIVES
1. Take no action.
2. Direct staff to prepare a resolution that formally adopts the Equal Opportunity option for selecting the Mayor Pro Tem.
FISCAL IMPACT
There should not be any fiscal impact.
NOTIFICATION
This staff report was posted on the City’s website for at least 72 hours prior to this meeting.
PREPARATION OF STAFF REPORT
Prepared By: Jane Halstead, Manager of the Office of Mayor and City Council/City Clerk Steve Quintanilla, Interim City Attorney
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
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Budget Officer Approval ✓ Approved . 3/29/23 6:07 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/29/23 6:09 PM H.1
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Report to City Council
ID#6217 Page 1
TO: Mayor and City Council
FROM: Steve Quintanilla, Interim City Attorney
AGENDA DATE: April 4, 2023
TITLE: RESOLUTION OPPOSING ASSEMBLY BILL 742 BANNING
THE USE OF LAW ENFORCEMENT K -9'S FOR ARRESTS
AND APPREHENSIONS
RECOMMENDED ACTION
Recommendation:
1. Adopt Resolution No. [next in order] opposing Assembly Bill 742 banning the use of Law Enforcement K-9s for arrests and apprehensions.
BACKGROUND
At the March 21, 2023 Regular City Council Meeting, Mayor Pro Tem Ed Delgado moved to add an item to the April 4, 2023 Regular City Council Meeting agenda regarding Assembly Bill 742 which proposes to ban the use of Law Enforcement K -9s for arrests and apprehensions. The Mayor Pro Tem’s motion was seconded Council Member David Marquez and passed by a 4-1 vote.
On or about February 13, 2023, Assemblyman Corey Jackson (D -Moreno Valley) introduced California Assembly Bill 742 (“AB 742”) which, if adopted, would prohibit the use of Law Enforcement K-9s (dogs) for the apprehension of criminal suspects who fle e from or attack law enforcement officer and for maintaining crowd control.
The Riverside Sheriffs’ Association and numerous law enforcement entities oppose AB 742 as set forth in the letter dated March 15,2023, which is attached to the Resolution.
The law enforcement organizations opposed to AB 742 include the following:
• Claremont Police Officer Association
• Palos Verdes Police Officers Association
• Upland Police Officers Association
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• Murrieta Police Officers Association
• Corona Police Officers Association
• Santa Ana Police Officers Association
• Arcadia Police Officers Association
• Fullerton Police Officers Association
• Pomona Police Officers Association
• Burbank Police Officers Association
• Riverside Police Officers Association
• Culver City Police Officers Association
• Newport Beach Police Association
• Monterey County Deputy Sheriff’s Association
• Placer County Deputy Sheriffs Association
• Los Angeles School Police Association
• California Coalition of School Safety Professionals
Law Enforcement K -9s are among the most effective de -escalation tools law enforcement officers possess since when a Law Enforcement K -9 is activated, the suspect surrenders 90 -99% of the time prior to a bite command since the mere threat of a bite p ersuades most suspects to give up before any actual force from the K -9 or officer is used. In 2021 in Riverside County, although Sheriff’s K-9s interacted with 699 suspects, only 6 of those incidents resulted in a dog bite, which is less than 1% (0.85) of such incidents resulting in a dog bite and with every person bitten by a K-9 remaining alive at the conclusion of each incident.
Law Enforcement K -9s play an important role in deterring violence and they remain an important harm -reduction tool for law enf orcement. Law Enforcement K -9s save lives by expediting the surrender of the suspect without the use of deadly force by an officer. Basically, Law Enforcement K-9s save the lives of law enforcement officers who would otherwise have to place themselves in m ore dangerous and deadly situations to effect an arrest of a barricaded or otherwise concealed suspect. AB 742, if adopted, will simply place both suspects and officers at heightened risk for more serious injury or death.
In light of the foregoing, the Ci ty Council is being presented for its consideration a resolution that not only opposing AB 742, but also resolves that AB 742 is a counter -productive attempt to eliminate a lawful, effective, and legitimate non -lethal force option throughout the State of California that can saves the lives of dangerous criminal suspects and police officers who find themselves in very dangerous situations.
Specifically, the Resolution states that the City’s opposition to AB 742 is based on the following:
(a) Law Enforceme nt K -9s provide an effective de -escalation tool and non -lethal force option for California law enforcement officers;
(b) Law Enforcement K-9s provide a life-preserving alternative to other uses of force; (c) Law Enforcement K -9s play an important role in deterring violence and they remain an important harm-reduction tool for law enforcement;
(d) Law Enforcement K -9s save lives by expediting the surrender of the suspect without the use of deadly force by an officer;
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(e) Law Enforcement K -9s save the live s of law enforcement officers who would otherwise have to place themselves in more dangerous and deadly situations to effect an arrest of a barricaded or otherwise concealed suspect;
(f) AB 742 willy place both suspects and officers at heightened risk for more serious injury or death;
(g) AB 742 is a counter-productive attempt to eliminate a lawful, effective, and legitimate non-lethal force option throughout the State of California; and (h) Law Enforcement K -9s provide an invaluable non -lethal force opt ion for law enforcement officers in dangerous situations.
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. RESOLUTION - OPPOSITION TO AB 742
2. ASSEMBLY BILL 742
3. LETTER OPPOSING ASSEMBLY BILL 742
APPROVALS
Budget Officer Approval ✓ Approved . 3/30/23 5:44 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/30/23 5:44 PM H.2
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RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY OPPOSING ASSEMBLY BILL 742
(JACKSON) BANNING THE USE OF LAW ENFORCEMENT K-9S
FOR ARRESTS AND APPREHENSIONS
WHEREAS, the City of Moreno Valley is a general law city and municipal organization, duly organized under the constitution and laws of the State of California
WHEREAS, on February 13, 2023, As semblyman Corey Jackson (D -Moreno Valley) introduced California Assembly Bill 742 (“AB 742”) which, if adopted, would prohibit the use of Law Enforcement K-9s (dogs) for the apprehension of criminal suspects who flee f rom or atta ck l aw enf orcement officers and for maintaining crowd control; and
WHEREAS, the Riverside Sher iffs’ Association and the follow ing local law enforcement entities oppose AB 742 as set forth in the attached letter dated March 15,2023:
• Claremont Police Officer Association
• Palos Verdes Police Officers Association
• Upland Police Officers Association
• Murrieta Police Officers Association
• Corona Police Officers Association
• Santa Ana Police Officers Association
• Arcadia Police Officers Association
• Fullerton Police Officers Association
• Pomona Police Officers Association
• Burbank Police Officers Association
• Riverside Police Officers Association
• Culver City Police Officers Association
• Newport Beach Police Association
• Monterey County Deputy Sheriff’s Assocation
• Placer County Deputy Sheriffs Association
• Los Angeles School Police Association
• California Coalition of School Safety Professionals
WHEREAS, Law Enforcement K-9s are among the most effective de-escalation tools law enforcement officers possess since when a Law Enforcement K-9 is activated, the suspect surrenders 90-99% of the time prior to a bit e command since t he mere threat of a bite persuades most suspects to give up before any actual force from the K-9 or officer is used; and
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Attachment: RESOLUTION - OPPOSITION TO AB 742 (6217 : Resolution Opposing Assembly Bill 742)
WHEREAS, in 2021 in Riverside County, although Sheriff’s K-9s interacted with 699 suspects, only 6 of those incidents resulted in a dog bite , which is less than 1% (0.85) of such inci dents resulting in a dog bite and with every person bitten by a K-9 remaining alive at the conclusion of each incident; and
WHEREAS, Law Enforcement K-9s play an important role in deterring violence and they remain an important harm-reduction tool for law enforcement; and
WHEREAS, Law Enforcement K-9s save lives by expediting the surrender of the suspect without the use of deadly force by an officer; and
WHEREAS, Law Enforcement K-9s save the lives of law enforcement officers who would otherwise have to place themselves in more dangerous and d eadly situations to effect an arrest of a barricaded or otherwise concealed suspect; and
WHEREAS, AB 742, if adopted, will simply place both suspects and officers at heightened risk for more serious injury or death; and
WHEREAS, many law enforcement o fficers are amenable to having the California Peace Officers Standards and Training (POST) take their existing statewide guidelines for K-9s and develop standards and training to allow for the continued use of K-9s for arrest and apprehension.
WHEREAS, in light of the foregoin g, the City of Moreno Valley opposes AB 742 and considers AB 742 as a counter-productive attempt to eliminate a lawful, effective, and legitimate non-lethal force option throughout the State of California; and
WHEREAS, the City of Moreno Valle y understands the incredible value of Law Enforcement K-9’s and the invaluable non -lethal force option Law En forcement K-9’s provide for police officer’s in dangerous situations.
NOW, THEREFORE, be it resolved by the City Council of the City of Moreno Valley as follows:
Section 1. Recitals.
That the foregoing recitals are hereby incorporated by reference.
Section 2. Opposition.
That the City of Moreno Valley opposes the passage of Assembly Bill 742 (Jackson) “Law Enforcement: Police Canines” since: (a) Law Enforcement K-9s provide an effective de-escalation tool and non-lethal force option for California law enforcement officers; (b) Law Enforcement K-9s provide a life-preserving alternative to other uses of force; (c) Law Enforcement K-9s play an important role in deterring violence and they H.2.a
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Attachment: RESOLUTION - OPPOSITION TO AB 742 (6217 : Resolution Opposing Assembly Bill 742)
remain an important harm -reduction tool for law enforcement ; (d) Law Enforcement K- 9s save lives by expediting the surrender of the suspect without the use of deadly force by an officer; (e) Law Enforcement K-9s save the lives of law enforcement officers who would otherwise have to place themsel ves in more dangerous and d eadly situations to effect an arrest of a barricaded or oth erwise concealed suspect; (f) AB 742 willy place both suspects and officers at heightened risk for more serious injury or d eath; (g) AB 742 is a counter-productive attempt to eliminate a lawful, effective, and legitimate non- lethal force option throughout the State o f California; and (h) Law Enforcement K-9’s provide an invaluable non-lethal force option for law enforcement officers in danger ous situations.
Section 3. Certified Copies.
That the City Clerk is directed to t ransmit certified copies of this resolution to the City’s state legislators, the California Attorney General and Governor Newsom.
Section 4. Severability.
That the City Council declares that, s hould any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any pre emptive legislation, the remaining provisions, sections, para graphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 5. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 6. Certification.
That the City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.
Section 7. Effective Date.
That this Resolution shall take effect immediately upon its passage.
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Attachment: RESOLUTION - OPPOSITION TO AB 742 (6217 : Resolution Opposing Assembly Bill 742)
PASSED, APPROVED AND ADOPTED this day of ____________, 2023.
_______________________________
Ulises Cabrera, Mayor
ATTEST:
_______________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
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Attachment: RESOLUTION - OPPOSITION TO AB 742 (6217 : Resolution Opposing Assembly Bill 742)
ATTACHMENT
ASSEMBLY BILL 742
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Attachment: RESOLUTION - OPPOSITION TO AB 742 (6217 : Resolution Opposing Assembly Bill 742)
ATTACHMENT
LETTER OPPOSING ASSEMBLY BILL 742
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Attachment: RESOLUTION - OPPOSITION TO AB 742 (6217 : Resolution Opposing Assembly Bill 742) AMENDED IN ASSEMBLY MARCH 15, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 742
Introduced by Assembly Member Jackson
(Coauthor: Assembly Member Kalra)
(Coauthors: Assembly Members Kalra, Bryan, and Lee)
February 13, 2023
An act to add Section 13653 to the Penal Code, relating to la w enforcement.
legislative counsel’s digest
AB 742, as amended, Jackson. Law enforcement: police canines.
Existing law authorizes a peace officer to use reasonable force to effect the arrest, to pre vent escape, or to o vercome resistance of an individual. Existing law requires law enforcement agencies to maintain a policy on the use of force.
Existing law prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards.
This bill would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
Revised 3-22-23—See last page. 98
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Attachment: ASSEMBLY BILL 742 (6217 : Resolution Opposing Assembly Bill 742) The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares the following:
line 2 (a) The use of police canines has been a mainstay in the constant line 3 dehumanizing, cruel abuse of Black Americans and people of color line 4 in this country. Be it in response to the Black Lives Matter protests line 5 over the murder of Geor ge Floyd, during the Los Angeles Race line 6 Riots and the Civil Rights Movement, or by slave catchers, police line 7 canines are a carryover from a dark past that is not often discussed. line 8 (b) The use of police canines has serious consequences. Research line 9 on this topic found that canine bites resulted in hospital visits 67.5 line 10 percent of the time, while other uses of force, including batons line 11 and tasers, resulted in hospital visits 22 percent of the time or less. line 12 Research has also found cases of permanent physical disfigurement line 13 and injuries to bones, blood vessels, nerves, breasts, testicles, faces, line 14 noses, and eyes, sometimes causing blindness, as a result of canine line 15 bites. Based on these findings, the researchers stated that canine line 16 bites should be considered a le vel of force immediately belo w line 17 deadly force. They equated a police canine bite to an officer line 18 swinging a baton with three-centimeter spikes attached. line 19 (c) The use of police canines mirrors other biases in use of force line 20 by police. Per the Department of Justice Use of F orce data from line 21 2016 to 2019, inclusi ve, Black people are 3.5 times more lik ely line 22 than any other group to be subjected to use of force due to police line 23 canine use, with Hispanic people being the second most lik ely line 24 compared to cases involving White people at six per one million line 25 people.
line 26 SECTION 1. (a) The use of police canines has been a mainstay line 27 in this country’s dehumanizing, cruel, and violent abuse of Black line 28 Americans and people of color for centuries. F irst used by slave line 29 catchers, police canines are a violent carry-over from America’s line 30 dark past. In recent decades, they have been used in brutal attempts line 31 to quell the Civil Rights Mo vement, the LA Race Riots, and in line 32 response to Black Lives Matter protests. The use of police canines line 33 make people fear and further distrust the police, resulting in less line 34 safety and security for all, especially for communities of color. line 35 (b) The use of police canines has severe and potentially deadly line 36 consequences for bite victims. In a P olice Assessment Resource line 37 Center study of police canine bites, r esearchers found that bites line 38 resulted in hospital visits 67.5 per cent of the time . In contr ast, 98 — 2 — AB 742
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Attachment: ASSEMBLY BILL 742 (6217 : Resolution Opposing Assembly Bill 742) line 1 other uses of force, including batons and tasers, resulted in hospital line 2 visits 22 percent of the time or less. These same researchers found line 3 that police canine bites led to permanent physical disfigur ement line 4 and injuries to bones, blood vessels, nerves, br easts, testicles, line 5 faces, noses, and eyes, sometimes causing blindness. line 6 (c) Per the California Department of Justice Use of Force data line 7 from 2021, injuries caused by police canines accounted for nearly line 8 12 percent of cases that resulted in severe injury or death. Of these line 9 cases, Black people are more than two times more likely than any line 10 other group to be subjected to this use of force. line 11 SEC. 2. Section 13653 is added to the Penal Code, to read:
line 12 13653. (a) It is the intent of the Legislature to prevent the use line 13 of police canines for the purpose of arrest, apprehension, or an y line 14 form of crowd control.
line 15 (b) A peace officer shall not use an unleashed police canine to line 16 arrest or apprehend a person.
line 17 (c) A police canine shall not be used for cro wd control at any line 18 assembly, protest, or demonstration.
line 19 (d) A police canine shall not be used in an y circumstance to line 20 bite.
line 21 (e) A law enforcement agenc y shall not authorize an y use or line 22 training of a police canine that is inconsistent with this section. line 23 (f) This section shall not be interpreted as to prevent the use of line 24 police canines by la w enforcement for purposes of search and line 25 rescue, explosives detection, and narcotics detection that do not line 26 involve biting.
line 27
line 28
REVISIONS: line 29
Heading—Line 2. line 30
line 31
O
98 AB 742 — 3 —
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Attachment: ASSEMBLY BILL 742 (6217 : Resolution Opposing Assembly Bill 742) March 15, 2023
The Honorable Reggie Jones-Sawyer
Chair, Assembly Committee on Public Safety
State Capitol
Sacramento, CA 95814
RE: AB 742 (Jackson) OPPOSE
Dear Assemblymember Jones-Sawyer,
The Riverside Sheriffs’ Association and numerous local law enforcement groups including the:
Claremont POA Palos Verdes POA Upland POA Murrieta POA LA School PA DSA Monterey County Corona POA Newport Beach PA Santa Ana POA Arcadia POA Fullerton POA California Coalition of Pomona POA Placer County DSA Burbank POA Riverside POA Culver City POA School Safety Professionals are vehemently opposed to AB 742 banning use of law enforcement K9s for arrests and apprehensions.
Canines are among the most effective de-escalation tools law enforcement officers possess. When a K9 is activated, the suspect surrenders prior to a bite command being given 90-99% of the time. The mere threat of a bite persuades most suspects to give up before any actual force from the dog or officer is used. K9s play an important role in deterring further violence and remain an important harm-reduction tool.
In 2021 in Riverside County, for example, Sheriff’s canines interacted with 699 suspects. Only 6 of those incidents resulted in a dog bite. That’s less than 1% (0.85) of such incidents resulting in a dog bite.
Importantly, every persons bitten by the K9 as well as all of the arresting officers were all alive at the conclusion of the incident.
Police K9 units save lives by expediting the surrender of the suspect without the use of deadly force by an officer. K9s also save the lives of officers who would otherwise have to place themselves in more dangerous and deadly situations to effect an arrest of a barricaded or otherwise concealed suspect.
Unfortunately, AB 742 eliminates the use of law enforcement K9s for these very purposes, placing both suspects and officers at heightened risk for more serious injury or death.
The author and proponents have both lamented about the lack of statewide police K9 standards and we agree that uniformity may be appropriate. The executive director of the ACLU CA Action, co-sponsor of AB 742 contend that law enforcement has misused K9s, “…which is why we need a statewide standard.” https:// ktla.com/news/local-news/california-bill-would-prohibit-k9-units-from-using-force-on-people/ While we disagree that law enforcement overall has misused K9s, we would be amenable to having CA POST take their existing statewide guidelines for K9s and develop standards and training to allow for the continued use of K9s for arrest and apprehension.
K9s have saved the lives of many of our officers. Myriad suspects have been arrested peacefully due to the mere presence of a K9. Please do not strip our officers of this important safety and de-escalation tool. For these reasons, we must oppose AB 742 and respectfully request a NO vote. Please contact us at 916.580.5464 with any questions.
Sincerely,
Ryan Sherman
Legislative Advocate
Sherman Consulting Legislative Advocacy/Government Affairs [email protected] (916) 580-5464 H.2.c
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Attachment: LETTER OPPOSING ASSEMBLY BILL 742 (6217 : Resolution Opposing Assembly Bill 742)