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NOT APPLICABLE
________________________ _______ __________ _____
Vik Bapna
Principal
(714) 526-7500 09/18/2023
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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR /RFDO$VVLVWDQFH3URFHGXUHV0DQXDO (;+%,74
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7KHFHUWLI\LQJRIILFLDOVKDOOVLJQDQGGDWHWKHIRUPDQGSULQWKLVKHUQDPHWLWOHDQGWHOHSKRQHQXPEHU Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including sugge stions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL-Instructions Rev. 06-04
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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR
EXHIBIT “C”
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in -house data which is pertinent 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 application data, all newly developed and pertinent design and WORK specification data, and such other pertinent data which may become available to the City.
2. Provide timely review, processin g, and reasonably expeditious 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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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR
EXHIBIT “D”
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $ ____TBD_______ .
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 ob taining a City of Moreno Valley business license are located at: http://www.moval.org/biz-lic.
3. The Consultant will electronically submit an invoice to the City along with documentation evidencing services completed to date as specified in the Request for Proposal. Progress payments will be made in accordance w ith the payment schedule outlined in the Request for Proposal, but in no case will progress payments be made to the Consultant more frequently than once per month. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. 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 progress payment shall be final. The consulta nt will submit all original invoices to Accounts Payable staff at [email protected]. Accounts Payable questions can be directed to (951) 413-3130.
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 A.14.c
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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR
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, 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. WORK, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates , explicit portion of a contract 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 thirty (30) days of receipt of the invoice for same.
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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR Rate Sheet
City of Moreno Valley
Professional Consultant Senior Engineer Services (2023-020)
The following rate sheet will be valid for the duration of the contract (Calendar Years 2023-2026)
Engineer/Scientist Rate/Hour
Alex Torres – Senior Engineer (On-Site) $184
Principal $343
Senior Project Manager $330
Project Manager $294
Technical Manager $265
Task Leader $239
Principal Engineer $224
Senior Engineer $205
Project Engineer $191
Staff Engineer $170
Assistant Engineer $127
Senior Environmental Scientist $203
Environmental Scientist $156
Environmental Analyst $114
Construction Services
Construction Manager $238
Senior Construction Inspector $175
Construction Inspector $165
Field Survey
Licensed Surveyor $228
3-Person Survey Crew $436
2-Person Survey Crew $356
Support Services
GIS Specialist $156
Senior Engineering Technician $125
Engineering Technician $109
CADD Designer $104
Project Coordinator $146
Graphic Designer $145
Administrative Assistant $137
General
Direct Expenses Cost + 10%
Subcontract Services Cost + 10%
Specialized Computer Applications (per hour) $15
Mileage Current IRS Rate
B&W Photocopies (per page) $0.10
Color Photocopies (per page) $0.50
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.
Based on CWE maintaining General Liability Insurance for bodily injury and property damage with an aggregate limit of $2,000,000 per occurrence. In the event the client desires additional coverage, CWE will, upon the client's written request, obtain add itional insurance and adjust the above billing rates accordingly.
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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR
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 fo r 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 auto mobiles 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 damag e
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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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR
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 in surance 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 o r self -insured retentions as respects The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley 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 deductibl es 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. The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley 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 protectio n afforded to the City of Moreno Valley , the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority , and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage shall be primary and no contribution 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 the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority , and each of their officers, officials, employees, agents and volunteers.
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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR
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. Insurance 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 r etroactive 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 cancell ed, 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 ce rtificate, 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 Manag er 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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Attachment: Agreement with CWE (6330 : AUTHORIZATION TO AWARD AGREEMENTS FOR PROFESSIONAL CONSULTING SENIOR
Report to City Council
ID#6408 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer
AGENDA DATE: October 17, 2023
TITLE: APPROVE RESOLUTION NO. 2023 -XX AUTHORIZING
SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANTS FOR WHICH THE CITY OF MORENO VAL LEY IS
ELIGIBLE
RECOMMENDED ACTION
Recommendation:
1. Adopt the proposed Resolution No. 2023 -XX approving submittal of application(s) for all CalRecycle grants for which the City of Moreno Valley is eligible.
SUMMARY
This report recommends adoption of R esolution No. 2023 -XX approving submittal of potential applications for all CalRecycle grants for which the City is eligible to obtain funding for street pavement rehabilitation and related improvements.
DISCUSSION
The CalRecycle administers the Rubberiz ed Pavement Grant Program and other various grants. A resolution approved by the applicant’s governing body is required to support the recent preliminary submittal of a CalRecycle Rubberized Pavement Grant application, and to allow for the future submittal of CalRecycle grant applications.
Adoption of the proposed resolution will ensure that the City’s application compl ies with grant requirements.
The rubberized pavement grant reimburses up to 40% of the differential cost between conventional asphalt concrete and rubberized asphalt concrete. The total grant amount request is approximately $250,000 which would supplement City funds for the upcoming Citywide Pavement Rehabilitation Program – FY 2023/24 and 24/25. This is the A.15
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maximum amount that Moreno Valley can apply for as the grant amount reduces year after year for entities that have received funding in the past.
Approval of the recommended actions would result in potential grant funding for public improvements and support Objective 4 of the Momentum Mo Val Strategic Plan:
“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 capita l improvement programming and project delivery.”
ALTERNATIVES
1. Adopt the proposed resolution approving submittal of application(s) for all CalRecycle grants for which the City of Moreno Valley is eligible and designating authority to administer all such g rants. This will ensure compliance with CalRecycle grant requirements related to the recent Rubberized Pavement Grant application and allow the City to submit for all CalRecycle grants for which the City is eligible over the next five years.
2. Do not adopt the proposed resolution approving submittal of application(s) for all CalRecycle grants for which the City of Moreno Valley is eligible and designating authority to administer such grants. This may negatively impact the City’s eligibility to have the City ’s recent Rubberized Pavement Grant application approved and receive grant funds from the Rubberized Pavement Grant Program.
FISCAL IMPACT
There is a potential grant revenue reimbursement for public road improvements for an estimated total grant award o f up to $250,000 for fiscal years 2023 -24 and 2024 -25 pavement repairs.
NOTIFICATION
Publication of the City Council Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Ricky Carrillo Melissa Walker, P.E.
Associate Engineer Public Works Director/ City Engineer
Concurred By:
Quang Nguyen, P.E.
Principal Engineer
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
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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 excellent image abou t 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
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 2023-XX
APPROVALS
Budget Officer Approval ✓ Approved . 10/09/23 8:57 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 10/09/23 9:02 AM A.15
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1 Resolution No. 2023-XX
Date Adopted: October 17, 2023
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CA LIFORNIA APPROVING
SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANTS FOR WHICH THE CITY OF MORENO VALLEY IS
ELIGIBLE
WHEREAS, Public Resources Code se ctions 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of Californi a’s (state) efforts to reduce, recycle and reuse solid waste generated in the state ther eby preserving landfill ca pacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this aut hority, CalRecycle is required to establish procedures governi ng the administration of t he payment programs; and administration of the application, awarding, and management of the grant programs; and
WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an app licant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program; and
NOW, THEREFORE, BE IT RESOLVED t hat the City Council of the City of Moreno Valley, California, is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and
BE IT FURTHER RESOLVED that the City Manager, and/or the Public Works Director/City Engineer, ar e hereby authorized and empowered to execute in the name of the City of Moreno Valley all documents, in cluding but not limited to, applications, agreements, am endments and requests for payment, necessary to secure funds and implement the approved grant or payment project; and
BE IT FURTHER RESOLVED that these aut horizations are effective five (5) years from the date of adoption of this Resolution.
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Attachment: Resolution 2023-XX (6408 : APPROVE RESOLUTION NO. 2023-xx AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL 2 Resolution No. 2023-XX
Date Adopted: October 17, 2023
APPROVED AND ADOPTED this 17th day of October, 2023.
Mayor of the City of Moreno Valley
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Attachment: Resolution 2023-XX (6408 : APPROVE RESOLUTION NO. 2023-xx AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL 3 Resolution No. 2023-XX
Date Adopted: October 17, 2023
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, Calif ornia, do hereby certify that Resolution No. 2023-XX was dul y and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 17th day of October, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
_________________________________
City Clerk
(SEAL)
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Attachment: Resolution 2023-XX (6408 : APPROVE RESOLUTION NO. 2023-xx AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL
Report to City Council
ID#6412 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: October 17, 2023
TITLE: ADOPTION OF COUNTY ORDINANCE NUMBER 987
REGARDING UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS (ORD. NO. XXXX)
RECOMMENDED ACTION
Recommendations: That the City Council:
1. Introduce and conduct first reading of Ordinance No. XXXX, amending Title 11 of the City of Moreno Valley Municipal Code, adding Chapter 11.97, adopting by reference Riverside County Ordinance No. 987; and
2. Schedule a public heari ng to receive public input regarding adoption of Ordinance No. XXXX on November 21, 2023, and consider adoption of Ordinance No. XXXX upon conclusion of said public hearing.
SUMMARY
Pursuant to California Government Code 50022. 2, adoption of certain ordin ances by reference requires specific procedural steps. If the City Council approves the first reading of the ordinance, the City Council should then set a date and time for public hearing regarding adoption of the ordinance; City must publish a public hearing notice under Government Code 6066; and, after said public hearing, the City Council may then amend, adopt or reject adoption of the ordinance.
DISCUSSION
The Board of Supervisors of Riverside County finds that the theft of catalytic converters has bee n an increasing problem in Riverside County in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target H.1
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for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the County a means to protect the public, deter this criminal activity and promote a more productive use of Riverside County resources.
Catalytic converter theft is an increasing problem within Riverside County and causes significant financial damage to the victims. The purpose and intent of this ordinance is to curb the thef t of catalytic converters throughout the County and to provide the County with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.
Adoption of this Ordinance by reference will enable Riverside County the ability to enforce their Ordinance in the City of Moreno Valley.
ALTERNATIVES
The City Council has following alternatives to consider:
1. Introduce and conduct the first reading of the proposed Ordinance adopting by reference Riverside County Ordinance No. 987, pursuant to California Government Code 50022.2, and schedule a public hearing to receive public input regarding adoption of proposed ordinance as outlined in this report and consider adoption of said ordinance. Staff recommends this alternative.
2. Do not introduce, nor pursue, the adoption of the proposed Ordinance adopting by reference Riverside County Ordinance No. 987 as outlined in this report. Staff does not recommend this alternative.
FISCAL IMPACT
There is no fiscal impact with the adoption of this Ordinance.
NOTIFICATION
Publication of the Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Brian Mohan Brian Mohan
Assistant City Manager/CFO/Treasurer Assistant City Manager/CFO/Treasurer
CITY COUNCIL GOALS
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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.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
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. 10.17.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23)
APPROVALS
Budget Officer Approval ✓ Approved . 10/09/23 2:06 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 10/09/23 2:35 PM H.1
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, ADDING CHAPTER 11.97 (“UNLAWFUL
POSSESSION OF A CATALYTIC CONVERTER ”) TO TITLE 11 (“PEACE, MORALS, AND SAFTETY ”) OF THE MORENO VALLEY MUNICIPAL
CODE, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE
NO. 987, “AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER”
WHEREAS, the City of Moreno Valley (the “City”) is a general law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, in 2022, the Governor signed into law Senate Bill 1087, amending Section 21610 of the California Business and Professions Code and Section 10852.5 of the California Vehicle Code, prohibiting any person from purchasing a used catalytic converter from anybody other than certain specified sellers; prohibited core recycler from purchasing a catalytic converter from anybody other than specified sellers; and making a violation of the provisions to be an infraction, punishable by a fine; and
WHEREAS, the County of Riverside (“County”) adopted Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance 987”), to curb the theft of catalytic converters throughout the County and to provide the Count with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts; and
WHEREAS, City staff recommends that the City adopt and incorporate by reference Ordinance 987 into Title 11 (“Peace, Morals, and Safety ”) of the Moreno Valley Municipal Code, as set forth herein , providing the County a means to protect the public and deter certain criminal activity.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
Section 2. ADOPTION OF RIVERSIDE COUNTY ORDINANCE NO. 987 BY REFERENCE, ADDING CHAPTER 11.97 (“UNLAWFUL
POSSESSION OF A CATALYTIC CONVERTER ”) TO TITLE 11 OF
THE MORENO VALLEY MUNICIPAL CODE
A. That the City Council hereby adopts Riverside County Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic H.1.a
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Attachment: 10.17.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) Converter” as may be amended, which is incorporated by reference as though set forth at length herein, upon the effective date of this ordinance.
B. That Chapter 11.97 (“Unlawful Possession of a Catalytic Converter”) is hereby added to Title 11 of the Moreno Valley Municipal Code as follows:
11.97 RIVERSIDE COUNTY ORDINANCE NO. 987 UNLAWFUL POSSESSION
OF A CATALYTIC CONVERTER
11.97.010 Adopted.
Riverside County Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance No. 987”) as may be amended in the future, is adopted and made a part of this chapter by reference.
11.97.020 Definitions
All words and terms used herein without definition shall have the meanings assigned to them in Ordinance No. 987.
11.97.030 Violations and Enforcement
A. Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the County jail for one year.
B. State Penalties Apply. Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.
C. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this ordinance has occurred, the Enforcement Officer shall have the authority to issue an admin istrative citation with an administrative civil penalty to any person responsible for the violation. Any administrative civil penalty shall be one thousand dollars ($1,000) for the first offense, two thousand dollars ($2,000) for the second offense within thirty-six (36) months, and five thousand dollars ($5,000) for each subsequent offense within thirty -six (36) months. The administrative citation shall contain the following information: (1) date, location and approximate time the violation was observed; ( 2) the amount of the administrative civil penalty imposed for the violation; (3) instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time; (4) instructions on how to appeal the administrative citation; and (5) the signature of the Enforcement Officer. The failure of the administrative citation to set forth H.1.a
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Attachment: 10.17.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) all required contents shall not affect the validity of the admi nistrative citation or any proceedings to enforce said citation. The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or may be imposed by the court if the violation requires court enforcement without an administrative process.
D. Separate Offenses. Acts, omissions, or conditions in violation of this ordinance that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this ordinance. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof.
Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter.
E. Non-Exclusive Remedies and Penaltie s. All remedies and penalties for violations of the prohibitions in this ordinance shall be cumulative and not exclusive.
Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correctin g, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof.
Section 4. ENFORCEMENT AUTHORITY
That the City Council hereby delegates the authority to the County to administer and enforce the provisions of Ordinance No. 987, as adopted and incorporated herein, within the jurisdictional boundaries of the City, which shall not preclude the City from taking any enforcement action as it deems necessary at any time in accordance with applicable law.
Section 5. SEVERABILITY
That t he 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 adopted shall remain in full force and effect.
Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Moreno Valley Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this ordinance are hereby repealed.
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Attachment: 10.17.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) Section 7. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
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Attachment: 10.17.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) The foregoing Ordinance was approved and adopted at a meeting of the City Council held on _____________, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
_______________________________
Ulises Cabrera, Mayor
ATTEST:
_______________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
_______________________________
Steven B. Quintanilla, City Attorney
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Attachment: 10.17.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23)