Agenda packet, regular meeting — Moreno Valley City Council, December 19, 2023 (part 1 of 12)

AGENDA - REVISED

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES
December 19, 2023
REGULAR MEETING – 6:00 PM
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City Council Study Sessions
Second Tuesday of each month – 6:00 p.m.

City Council Meetings
Special Presentations – 5:30 P.M.

First & Third Tuesday of each month – 6:00 p.m.

City Council Closed Sessions
Will be scheduled as needed at 4:30 p.m.

City Hall Council Chamber – 14177 Frederick Street
Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the ADA Coordinator, at 951.413.3350 at least 72 hours before the meeting. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Ulises Cabrera, Mayor
Edward A. Delgado, Mayor Pro Tem David Marquez, Council Member Cheylynda Barnard, Council Member Elena Baca-Santa Cruz, Council Member ..
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AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY
December 19, 2023
CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. RECOGNIZING ANTHONY SILVAS, MLB TWINS PLAYER

2. RECOGNIZING LAUNDRY TO LANDSCAPING BUSINESS
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.AGENDA

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

AND THE BOARD OF LIBRARY TRUSTEES
*THE CITY COUNCIL RECEIVES A SEPARATE STIPEND FOR CSD
MEETINGS*
REGULAR MEETING – 6:00 PM
DECEMBER 19, 2023

CALL TO ORDER
Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority and the Board of Library Trustees - actions taken at the Joint Meeting are those of the Agency indicated on each Agenda item.

PLEDGE OF ALLEGIANCE

INVOCATION - PASTOR ARTURO MACIAS FROM GENERATIONS CHURCH

ROLL CALL

INTRODUCTIONS

PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

PUBLIC COMMENTS ON ANY SUBJECT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non-controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.
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A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. MINUTES - CITY COUNCIL - CLOSED SESSION - DEC 5, 2023 5:00 PM.

Recommendation:

1. Approve As Submitted.

A.3. MINUTES - CITY COUNCIL - REGULAR MEETING - DEC 5, 2023 6:00 PM.

Recommendation:

1. Approve As Submitted.

A.4. COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2023/2024 FROM JULY 1, 2023 THROUGH OCTOBER 31, 2023. (Report of: City Clerk)
Recommendation:

1. Receive and file the Fiscal Year 2023/2024 Council Discretionary Expenditure Report for July 1, 2023 through October 31, 2023.

A.5. COUNCIL TRAINING & TRAVEL EXPENDITURE REPORTS FOR FISCAL YEAR 2023-2024 (Report of: City Clerk)
Recommendation:

1. Receive and file the Training & Travel Authorization Forms for the month of November 2023.

A.6. LIST OF PERSONNEL CHANGES (Report of: City Manager) Recommendation:

1. Ratify the list of personnel changes as described.

A.7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1005 (Report of: Community Development)
Recommendation: That the City Council:

1. Conduct the second reading by title only and adopt Ordinance No. 1005.
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A.8. RECEIVE THE ANNUAL AB1600 COMPLIANCE REPORT FOR FISCAL YEAR 2022-23 (Report of: Financial & Management Services) Recommendations:

1. Receive and file the Annual AB 1600 Compliance Report for FY 2022- 23 in compliance with California Government Code sections 66006 and 66001.

2. Approve the finding that staff has demonstrated a continuing need to hold unexpended Development Impact Fees.

A.9. AUTHORIZATION TO AWARD AN AGREEMENT FOR PROFESSIONAL

CONSULTANT SERVICES TO MICHAEL BAKER INTERNATIONAL FOR

THE ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR
THE PUMP TRACK AND SITE IMPROVEMENTS, PROJECT NO. 807 0058- 3015 (Report of: Parks & Community Services)
Recommendations:

1. Award a Professional Consultant Services Agreement to Michael Baker International, to provide Engineering Design and Environmental Services for the Pump Track and Site Improvements (Project No. 807 0058-3015); and

2. Authorize the Executive Director to execute the Professional Consultant Services Agreement with Michael Baker International, in the amount of $405,780.00; and

3. Authorize the Executive Director to execute any subsequent Amendments to the Agreement with Michael Baker International 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.

A.10. APPROVAL TO USE ASSET FORFEITURE FUNDS TO PURCHASE LAW ENFORCEMENT EQUIPMENT (Report of: Police Department)
Recommendations:

1. Authorize the Police Department to purchase law enforcement equipment at a cost of $30,417.83; and

2. Authorize a budget adjustment as set forth in the Fiscal Impact Section of this report.
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A.11. APPROVE ADDITIONAL FUNDING FOR ENERGY ASSISTANCE AND

ENERGY EFFICIENCY PROGRAMS, AND APPROVE INCENTIVES FOR
ELECTRIC VEHICLES (Report of: Public Works)
Recommendation:

1. Approve an additional budget allocation of $300,000 for Utility Assistance Programs;

2. Approve an additional budget allocation of $350,000 to expand the Energy Audit and Direct Installation program;

3. Approve an additional budget allocation of $115,000 to expand the Transportation Electrification program;

4. Approve Resolution 2023-XX. A Resolution of the City Council of the City of Moreno Valley, California, to confirm the Electric Rules for Moreno Valley Utility to be effective March 2024.

A.12. ACCEPTANCE OF CYCLE 6 ACTIVE TRANSPORTATION PROGRAM (ATP) GRANT FUNDS FOR ADA CURB RAMP REMEDIATION PROJECT (Report of: Public Works)
Recommendations:

1. Accept and approve the Program Supplement Agreements between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the ADA Curb Ramps Remediation Project in the amount of $1,523,000 (Fund 2301); and

2. Authorize the Public Works Director/City Engineer to execute the Program Supplement Agreements and any subsequent amendments, subject to the approval of the City Attorney; and

3. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report.

A.13. APPROVAL OF POWER PURCHASE AGREEMENT FOR RENEWABLE RESOURCES FROM GOLDEN FIELDS SOLAR IV, LLC (Report of: Public Works)
Recommendation:

1. Approve the Power Purchase Agreement for Renewable Resources between City of Moreno Valley (as Buyer) and Golden Fields Solar IV, LLC (as Seller)

2. Authorize the City Manager to execute the Power Purchase Agreement and to approve and execute any subsequent amendments -7-
subject to the approval of the City Attorney and within the previously Council approved budget.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - DECEMBER 5, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 5, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - DECEMBER 5, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 5, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
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D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - DECEMBER 5, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 5, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - CLOSED SESSION - DECEMBER 5, 2023 5:00 PM.

Recommendation:

1. Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 5, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

F. PUBLIC HEARINGS
Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.
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F.1. GATEWAY HEIGHTS 108 UNIT CONDOMINIUM PROJECT (continued from December 5, 2023) (Report of: Community Development)
Recommendations: That the City Council:

1. ADOPT Resolution 2023-XX:

1. CERTIFYING the Initial Study/Mitigated Negative Declaration prepared for the Proposed Project consisting of General Plan Amendment (PEN20-0095), Change of Zone (PEN20-0096),
Tentative Tract Map 38459 (PEN22-0127) and Conditional Use Permit (PEN21-0066); and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Mitigated Negative Declaration; and

2. ADOPT Resolution 2023-XX:

1. APPROVING General Plan Amendment (PEN20-0095), Tentative Tract Map 38459 (PEN22-0127) and Conditional Use Permit (PEN21-0066); and

3. INTRODUCE Ordinance No. [next in order]:

1. Approving a Change of Zone (PEN20-0096) and corresponding amendment to the City’s Zoning Atlas.

F.2. BEYOND FOOD MART (Report of: Community Development) Recommendations: That the City Council:

1. ADOPT Resolution 2023-XX:

1. CERTIFYING the Initial Study/Mitigated Negative Declaration prepared for the Proposed Project consisting of Master Plot Plan (PEN22-0238) and Conditional Use Permit (PEN22-0176); and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Mitigated Negative Declaration; and

2. ADOPT Resolution 2023-XX:

1. APPROVING Master Plot Plan (PEN22-0238) and Conditional Use Permit (PEN22-0176);
G. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION
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H. GENERAL BUSINESS
H.1. CITY COUNCIL REORGANIZATION - SELECTION OF MAYOR PRO TEM (continued from December 5, 2023) (Report of: City Clerk) Recommendation:

1. Conduct the reorganization of the City Council by selecting one Council Member to serve a one-year term as Mayor Pro Tem.

H.2. PROVIDE DIRECTION REGARDING THE COUNCIL MOTION TO CANCEL THE JANUARY 02, 2024 REGULAR MEETING (Report of: City Manager) Recommendations:

1. Direct City Clerk to cancel the January 2, 2024 Regular Meeting; or

2. Provide alternate direction to the City Clerk.

H.3. RECEIVE, FILE AND ADOPT PARKS, COMMUNITY SERVICES & TRAILS MASTER PLAN 2023 (Report of: Parks & Community Services) Recommendations: That the City Council and CSD:

1. Staff recommends that the City Council receive, file and approve the Parks, Community Services, and Trails Master Plan 2023.

I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action) March Joint Powers Commission (JPC)
Riverside County Habitat Conservation Agency (RCHCA)
Riverside County Transportation Commission (RCTC)
Riverside Transit Agency (RTA)
Western Riverside Council of Governments (WRCOG)
Western Riverside County Regional Conservation Authority (RCA) School District/City Joint Task Force
I.2. EMPLOYEE ASSOCIATION REPORTS
I.3. CITY MANAGER'S REPORT
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(Informational Oral Presentation - not for Council action)

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

ADJOURNMENT

PUBLIC INSPECTION
The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
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CERTIFICATION
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regular Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public places pursuant to City of Moreno Valley Resolution No. 2007-40:

City Hall, City of Moreno Valley
14177 Frederick Street
Moreno Valley Library
25480 Alessandro Boulevard
Moreno Valley Senior/Community Center
25075 Fir Avenue
Jane Halstead, CMC
City Clerk
Date Posted: December 14, 2023
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MINUTES

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

MORENO VALLEY HOUSING AUTHORITY
CLOSED SESSION – 5:00 PM
December 5, 2023

CALL TO ORDER
The Closed Session of the City Council of the City of Moreno Valley, Moreno Valley Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Housing Authority, and the Moreno Valley Public Financing Authority was called to order at 5:00 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street, Moreno Valley, California.

Mayor Cabrera announced that the City Council receives a separate stipend for CSD meetings.

ROLL CALL
Council:

Absent:

Ulises Cabrera
David Marquez
Elena Baca-Santa Cruz
Ed Delgado
Cheylynda Barnard
Mayor
Council Member
Council Member
Mayor Pro Tem
Council Member
Motion to excuse the absences of Mayor Pro Tem Delgado for health reasons and Council Member Barnard due to a pre-scheduled work-related appointment.

Motion moved by Mayor Cabrera and seconded by Council Member Marquez to excuse the absences of Mayor Pro Tem Delgado and Council Member Barnard.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard absent.

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Minutes Acceptance: Minutes of Dec 5, 2023 5:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-
RESULT: APPROVED [UNANIMOUS]
MOVER: Ulises Cabrera, Mayor
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard

PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY
Mayor Cabrera opened the public comments portion of the meeting for items listed on the agenda only. There being no members of the public to come forward to speak, he closed the public comments.

CLOSED SESSION
City Attorney Steven Quintanilla announced that the City Council would recess to Closed Session to discuss the items as listed on the agenda and that there might be a post Closed Session announcement.

A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case name: City of Moreno Valley v. Box Springs Mutual Water Company, et al Case Number: CVR12304062
Mayor Cabrera recessed the City Council to the City Manager's Training Room, second floor, City Hall, for their Closed Session at 5:02 p.m.

Mayor Cabrera reconvened the City Council in the Council Chamber from their Closed Session at 5:30 p.m.

REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY City Attorney Steven Quintanilla reported that in regard to the Box Springs Mutual Water Company case, the City Council voted in Closed Session 2-1 to reject the Box Springs Mutual Water Company's settlement proposal, with Mayor Cabrera and Council Member Marquez voting affirmatively to reject, and Council Member Baca-Santa Cruz voting no.

ADJOURNMENT
There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 5:32 p.m.

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Minutes Acceptance: Minutes of Dec 5, 2023 5:00 PM (CONSENT CALENDAR-CITY COUNCIL) -3-
Submitted by:
___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Minutes Acceptance: Minutes of Dec 5, 2023 5:00 PM (CONSENT CALENDAR-CITY COUNCIL)

MINUTES

CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY December 5, 2023
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CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. RECOGNIZING SOUTHWEST CARPENTERS UNION FOR

CONSTRUCTING LITTLE FREE LIBRARIES - PROCLAMATION

2. RECOGNIZING CLASSIFIED EMPLOYEE & DEPUTY OF THE 3RD

QUARTER
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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-

MINUTES

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES AND

MORENO VALLEY COMMUNITY FOUNDATION
REGULAR MEETING – 6:00 PM
December 5, 2023

CALL TO ORDER
The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Authority and the Board of Library Trustees was called to order at 6:03 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street.

Mayor Cabrera announced that the City Council receives a separate stipend for CSD meetings.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Cabrera.

INVOCATION - DR. DALE LACQUEMENT FROM FAITH SOUTHERN BAPTIST CHURCH
The invocation was given by Dale Lacquement from Southern Baptist Church.

ROLL CALL
Council: Ulises Cabrera Mayor
Elena Baca-Santa Cruz Council Member
David Marquez Council Member

Absent: Ed Delgado Mayor Pro Tem
Cheylynda Barnard Council Member
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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -3-
Motion to excuse the absences of Mayor Pro Tem Delgado for health reasons and Council Member Barnard due to a pre-scheduled work-related appointment.

Motion moved by Mayor Cabrera and seconded by Council Member Marquez to excuse the absences of Mayor Pro Tem Delgado and Council Member Barnard.

Motion passed by a vote of 2-1, with Council Member Marquez, and Mayor Cabrera voting yes, Council Member Baca-Santa Cruz voting not, with Mayor Pro Tem Delgado and Council Member Barnard absent.

RESULT: APPROVED [2 TO 1]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Mayor
AYES: Ulises Cabrera, David Marquez
NAYS: Elena Baca-Santa Cruz
ABSENT: Ed Delgado, Cheylynda Barnard
Motion to move item F-1, the Gateway Public Hearing Item to just before the Consent Calendar.

City Attorney Steven Quintanilla provided guidance per the Government Code and City policy regarding voting requirements on certain items, due to there only being three members of the City Council present.

Motion made by Mayor Cabrera and seconded by Council Member Marquez to move item F-1, the Gateway Public Hearing Item to just before the Consent Calendar.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard absent.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ulises Cabrera, Mayor
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard

INTRODUCTIONS
Staff: Jane Halstead Manager of the Office of the Mayor and City Council/City Clerk
Patty Rodriguez Senior Deputy City Clerk
Steven Quintanilla City Attorney
Mike Lee City Manager
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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -4-
Brian Mohan Assistant City Manager, City Treasurer
Michael Lloyd Assistant City Manager
Sean Kelleher Community Development Director
Launa Jimenez Chief Financial Officer
Melissa Walker Public Works Director/City Engineer
Jeremy Bubnick Parks and Community Services Director
Robert Cardenas Human Resources Director
Timothy Brause Lieutenant, Police
Jesse Park Fire Chief

PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL
Seth Cox

1. Gratitude.

Fred Banuelos

1. Public Safety.

Daryl Terrell

1. MVC Partnership Proposal.

Bob Palomarez

1. Press Enterprise.

Chris Baca

1. Community Involvement, Towing.

Roy Bleckert

1. Public Safety.

Genevieve A.

1. Public Art.

Pete Bleckert

1. Elected Officials.

GATEWAY HEIGHTS 108 UNIT CONDOMINIUM PROJECT (Report of: Community Development)
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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -5-
Recommendations: That the City Council:

1. ADOPT Resolution 2023-XX:

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Mitigated Negative Declaration; and

2. ADOPT Resolution 2023-XX:

1. APPROVING General Plan Amendment (PEN20-0095), Tentative Tract Map 38459 (PEN22-0127) and Conditional Use Permit (PEN21-0066); and

3. INTRODUCE Ordinance No. [next in order]:

1. Approving a Change of Zone (PEN20-0096) and corresponding amendment to the City’s Zoning Atlas.

RESULT: CONTINUED [UNANIMOUS] Next: 12/19/2023 6:00 PM
MOVER: Ulises Cabrera, Mayor
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard

PUBLIC COMMENTS ON ANY SUBJECT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

JOINT CONSENT CALENDARS (SECTIONS A-E)
Motion made by Council Member Marquez and seconded by Council Member Baca-Santa Cruz to approve the consent calendar.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard absent.

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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -6-
RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. City Council - Closed Session - Nov 21, 2023 5:00 PM A.3. City Council - Regular Meeting - Nov 21, 2023 6:00 PM A.4. PAYMENT REGISTER - OCTOBER 2023 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

A.5. RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE

SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF MORENO VALLEY APPROVING THE

RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND
ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2024
THROUGH JUNE 30, 2025 (ROPS 24-25) (RESO. NO. SA 2023-06) (Report of: Financial & Management Services)
Recommendations: That the City Council as Successor Agency:

1. Adopt Resolution No. SA 2023-06. A Resolution of the City Council of the City of Moreno Valley, California, serving as Successor Agency to the Community Redevelopment Agency of the City of Moreno Valley Approving the Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2024 through June 30, 2025 (ROPS 24-25) and Authorizing the City Manager acting for the Successor Agency or his/her Designee to Make Modifications Thereto; and

2. Authorize the City Manager acting for the Successor Agency or his Designee to make modifications to the Schedule; and

3. Authorize the transmittal of the ROPS 24-25, for the period of July 1, A.3
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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -7-
2024 through June 30, 2025 (“Exhibit A”), including Administrative Budget (“Exhibit B”) for the said period, to the Countywide Oversight Board for County of Riverside for review and approval.

A.6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1004, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, LEVYING A SPECIAL TAX IN CONNECTION WITH COMMUNITY FACILITIES DISTRICT NO. 2023-01 (PUBLIC SAFETY SERVICES) AND TAKING CERTAIN RELATED ACTIONS (Report of:

Financial & Management Services)
Recommendation:

1. Conduct the second reading by title only and adopt Ordinance No. 1004.

A.7. ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES

AGREEMENT BY AND AMONG PASSCO PACIFICA LLC, MORENO

VALLEY UNIFIED SCHOOL DISTRICT, AND THE CITY OF MORENO

VALLEY RELATING TO MORENO VALLEY UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2023-4 (RESO. NO. 2023-85) (Report of: Financial & Management Services)
Recommendation:

1. Adopt Resolution No. 2023-85, a Resolution Approving the Joint Community Facilities Agreement between Passco Pacifica, LLC, Moreno Valley Unified School District, and City of Moreno Valley, in substantially the form attached hereto with modifications subject to City Attorney approval and authorize the City Manager to execute the Agreement and related documents.

A.8. ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES AGREEMENT BY AND AMONG D.R. HORTON LOS ANGELES HOLDING
COMPANY, INC., MORENO VALLEY UNIFIED SCHOOL DISTRICT, AND

THE CITY OF MORENO VALLEY RELATING TO MORENO VALLEY
UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2023-3 (RESO. NO. 2023-86) (Report of: Financial & Management Services) Recommendation:

1. Adopt Resolution No. 2023-86, a Resolution Approving the Joint Community Facilities Agreement between D.R. Horton Los Angeles Holding Company, Inc., Moreno Valley Unified School District, and City of Moreno Valley, in substantially the form attached hereto with modifications subject to City Attorney approval, and authorize the City Manager to execute the Agreement and related documents.

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B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - NOVEMBER 21, 2023 5:00 PM.

Recommendation:
1: Approve as submitted.

B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - NOVEMBER 21, 2023 6:00 PM.

Recommendation:
1: Approve as submitted.

B.4. PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PARKS
MAINTENANCE) - AMENDMENT NOS. 126, 129 and 131 (RESO. NOS.

CSD 2023-96 , CSD 2023-97, and CSD 2023-98) (Report of: Financial & Management Services)
Recommendation:

1. Adopt Resolution No. CSD 2023-96, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 126) (Ruben V. Marquez, located at 14191 Travers Dr.).

2. Adopt Resolution No. CSD 2023-97, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 129) (Leticia Llamas, Sergio Llamas and Martin Castro Cazarez, located at 14755 Silvertree Rd.).

3. Adopt Resolution No. CSD 2023-98, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno A.3
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Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 131) (24291 Bairndale Drive Land Trust and Brock Christopher Bagley, located at 24291 and 24295 Bairndale Dr.).

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - NOVEMBER 21, 2023 5:00 PM .

Recommendation:
1: Approve as submitted.

C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - NOVEMBER 21, 2023 6:00 PM.

Recommendation:
1: Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - NOVEMBER 21, 2023 5:00 PM.

Recommendation:
1: Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - NOVEMBER 21, 2023 6:00 PM.

Recommendation:
1: Approve as submitted.

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E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - CLOSED SESSION -NOVEMBER 21, 2023 5:00 PM.

Recommendation:
1: Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - NOVEMBER 21, 2023 6:00 PM.

Recommendation:
1: Approve as submitted.

F. PUBLIC HEARINGS
F.1. Item was moved to before the Consent Calendar.

F.2. REQUEST FOR TEMPORARY CLOSURE OF GRANDE VISTA DRIVE (Report of: Public Works)
Recommendation:

1. Conduct a public hearing to adopt Resolution No. 2023-87 approving the temporary closure of Grande Vista Drive south of Bonita Heights Public Works Director Melissa Walker provided the staff report.

With the conclusion of the staff report, Mayor Cabrera opened the floor for Council questions of staff.

Council Member Marquez asked questions of staff.

Public Works Director Melissa Walker responded to Council Member Marquez's inquiry.

With the conclusion of Council questions of staff, Mayor Cabrera called for public comment to be heard.

With no public comments, Mayor Cabrera called for Council deliberation.

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After Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Council Member Marquez and seconded by
Council Member Baca-Santa Cruz to approve the temporary closure of Grande Vista Drive.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard
absent.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
F.3. MUNICIPAL CODE AMENDMENT AMENDING CHAPTER 9.02 (PERMITS AND APPROVALS), CHAPTER 9.03 (RESIDENTIAL DISTRICTS),
CHAPTER 9.05 (INDUSTRIAL DISTRICTS), CHAPTER 9.14 (LAND DIVISIONS), AND CHAPTER 9.16 (DESIGN GUIDELINES) OF TITLE 9 (PLANNING AND ZONING) (Report of: Community Development) Recommendation: That the City Council:

1. CONDUCT the First Reading of Ordinance No. 1005 and Introduce the Ordinance amending Sections 9.02.020, 9.03.040, 9.03.055,

9.03.070, 9.03.080, 9.05.040, 9.14.100, and 9.09.170 of Title 9 of the Moreno Valley Municipal Code to provide updates consistent with new State Law and Housing and Community Development (HCD) requirements, streamline Code requirements to provide flexibility and clarity regarding existing requirements, and provide for other minor clarifications and clean-up items.

Community Development Director Sean Kelleher provided the staff report.

With the conclusion of the staff report, Mayor Cabrera called for Council questions of staff.

With no Council questions of staff, Mayor Cabrera called for public comment to be heard.

With no public comment, Mayor Cabrera opened the floor for Council deliberation.

With no Council deliberation, Mayor Cabrera entertained a motion.

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Motion made by Council Member Baca-Santa Cruz and seconded by Council Member Marquez to approve the 2023 Winter
Omnibus.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard
absent.

RESULT: APPROVED [UNANIMOUS]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
F.4. PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 AND TO ADOPT 2024-2025 OBJECTIVES AND POLICIES (Report of: City Manager)
Recommendations: That the City Council:

1. Conduct a Public Hearing to allow for the public to comment on the needs of low- and moderate-income residents in Moreno Valley.

2. Approve the proposed CDBG, HOME, and ESG Grant Objectives and Policies for the 2024-2025 Program Year.

Assistant City Manager Brian Mohan provided the staff report.

With the conclusion of the staff report, Mayor Cabrera opened the floor for Council questions of staff.

With no Council questions of staff, Mayor Cabrera called for public comments to be heard.

Chris Baca

1. Legal concerns.

Public comments were heard.

With the conclusion of public comments, Mayor Cabrera opened the floor for Council deliberation.

With no Council deliberation, Mayor Cabrera entertained a motion.

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Motion made by Council Member Baca-Santa Cruz and seconded by Mayor Cabrera to approve the Annual Action Plan for
program year 2024-2025 and to adopt 2024-2025 objectives and policies.

Motion passed by a vote of 3-0, with Council Member BacaSanta Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard absent.

RESULT: APPROVED [UNANIMOUS]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: Ulises Cabrera, Mayor
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
G. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION
H. GENERAL BUSINESS
H.1. CITY COUNCIL REORGANIZATION - SELECTION OF MAYOR PRO TEM (continued from December 5, 2023) (Report of: City Clerk) Recommendation:

1. Conduct the reorganization of the City Council by selecting one Council Member to serve a one-year term as Mayor Pro Tem.

Mayor Cabrera made a motion to continue this item to the December 19th, 2023.

Motion made by Mayor Cabrera and seconded by Council
Member Marquez to continue the selection of Mayor Pro Tem to the December 19, 2023 City Council Meeting.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard
absent.

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RESULT: CONTINUED [UNANIMOUS] Next: 12/19/2023 6:00 PM
MOVER: Ulises Cabrera, Mayor
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
H.2. REVIEW AND CONSIDER APPROVAL OF PUBLIC ART REQUEST FOR FUNDING APPLICATION –ANTONIO MARTINEZ MAIN LIBRARY MURAL (Report of: Parks & Community Services)
Recommendations: That the City Council:

1. Receive and file the artist presentation; and

2. Review and consider approval of Public Art Request for Funding Application from Antonio Martinez for the creation and installation of a 260 square foot mural at the Main Library; and

3. Authorize Executive Director and or its designee to enter into an agreement for services with the approved applicant and submit a budget adjustment request to utilize funding from DIF Public Art Fund 2916.

Parks and Community Services Director Jeremy Bubnick provided the staff report.

With the conclusion of the staff report, Mr. Antonio Martinez provided a presentation.

With the conclusion of the presentation, Mayor Cabrera called for Council questions of the applicant.

Mr. Antonio Martinez responded to all of Council's inquiries.

With the conclusion of Council questions of the applicant, Mayor Cabrera called for public comments to be heard.

Pete Bleckert

1. Critical comments.

Roy Bleckert

1. Concerns.

Alejandro Barwinski

1. Supporting artists.

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Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

Assistant City Manager Brian Mohan provided comments to Council.

With the conclusion of Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Council Member Marquez and seconded by
Mayor Cabrera to approve the Public Art Request for Funding Application from Antonio Martinez.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard
absent.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Mayor
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
H.3. REVIEW AND CONSIDER APPROVAL OF PUBLIC ART REQUEST FOR FUNDING APPLICATION –ALEXANDRA GARCIA GATEWAY PARK
RESTROOM MURAL (Report of: Parks & Community Services)
Recommendations: That the City Council:

1. Receive and file artist presentation; and

2. Review and consider approval of Public Art Request for Funding Application from Alexandra Garcia for the creation and installation of a 732 square foot mural at the Gateway Park Restroom; and

Parks and Community Services Director Jeremy Bubnick provided clarification on items brought up during public comment.

Parks and Community Services Director Jeremy Bubnick provided the staff report.

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With the conclusion of the staff report, Ms. Alexandra Garcia provided a presentation.

With the conclusion of the presentation, Mayor Cabrera called for Council questions of the applicant.

Assistant City Manager Brian Mohan and Public Works Director Jeremy Bubnick provided clarification to the City Council.

Ms. Alexandra Garcia responded to all of Council's inquiries.

With the conclusion of Council questions of the applicant, Mayor Cabrera called for public comments to be heard.

Pete Bleckert

1. Critical comments.

Bob Palomarez

1. Community involvement.

Genevieve Aleman

1. Supporting artist.

Roy Bleckert

1. Concerns.

Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

After Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Council Member Baca-Santa Cruz and seconded by Council Member Marquez to approve the Public Art Request for Funding Application from Alexandra Garcia.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard
absent.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
H.4. REVIEW AND CONSIDER APPROVAL OF PUBLIC ART REQUEST FOR FUNDING APPLICATION –PATRICK BARWINSKI CRC MURAL (Report of:

Parks & Community Services)
Recommendations: That the City Council:

1. Receive and file the artist presentation; and

2. Review and consider approval of Public Art Request for Funding Application from Patrick Barwinski for the creation and installation of a 2,835 square foot mural at the Moreno Valley Conference & Recreation Center (CRC); and

Parks and Community Services Director Jeremy Bubnick provided the staff report.

With the conclusion of the staff report, Mr. Patrick Barwinski provided a presentation.

With the conclusion of the presentation, Mayor Cabrera called for Council questions of the applicant.

With no Council questions of the applicant, Mayor Cabrera called for public comments to be heard.

Pete Bleckert

1. Concerns.

Roy Bleckert

1. Critical comments.

Genevieve Aleman

1. Arts Commission
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Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

After Council deliberation, Mayor Cabrera entertained a motion Motion made by Council Member Baca-Santa Cruz and seconded by Council Member Marquez to approve the Public Art Request for Funding Application from Patrick Barwinski.

Motion passed by a vote of 3-0, with Council Member BacaSanta Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard absent.

H.5. REVIEW AND CONSIDER APPROVAL OF PUBLIC ART REQUEST FOR FUNDING APPLICATION –SHAYNE MITCHELL WESTBLUFF PARK
RESTROOM MURAL (Report of: Parks & Community Services)
Recommendations: That the City Council:

1. Receive and file the artist presentation; and

2. Review and consider approval of Public Art Request for Funding Application from Shayne Mitchell for the creation and installation of a 560 square foot mural at the Westbluff Park Restroom; and

Parks and Community Services Director Jeremy Bubnick provided the staff report.

With the conclusion of the staff report, Mr. Shayne Mitchell provided a presentation.

With the conclusion of the presentation, Mayor Cabrera called for Council questions of the applicant.

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With no Council questions of the applicant, Mayor Cabrera called for public comments to be heard.

Pete Bleckert

1. Critical comments.

Roy Bleckert

1. Concerns.

Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

After Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Council Member Baca-Santa Cruz and seconded by Council Member Marquez to approve the Public Art Request for Funding Application from Shayne Mitchell.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard
absent.

RESULT: APPROVED [UNANIMOUS]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
H.6. REVIEW AND CONSIDER APPROVAL OF PUBLIC ART REQUEST FOR FUNDING APPLICATION –MARYAM CROGMAN FOR UTILITY BOX
WRAPS AT FOUR INTERSECTIONS (Report of: Parks & Community Services)
Recommendations: That the City Council:

1. Receive and file the artist presentation; and

2. Review and consider approval of Public Art Request for Funding Application from Maryam Crogman for the installation of utility box wraps at four intersection utility boxes at Eucalyptus & Heacock; Perris & Cottonwood; Alessandro Plaza & Alessandro; Perris & Alessandro; and
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Mayor Cabrera called for a five-minute break at 8:14pm.

The City Council reconvened at 8:20pm.

Parks and Community Services Director Jeremy Bubnick provided the staff report.

With the conclusion of the staff report, Ms. Maryam Crogman the provided a presentation.

With the conclusion of the presentation, Mayor Cabrera called for Council questions of the applicant.

With no Council questions of the applicant, Mayor Cabrera called for public comments to be heard.

Pete Bleckert

1. Critical comments.

Roy Bleckert

1. Concerns.

Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

After Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Council Member Marquez and seconded by
Mayor Cabrera to approve the Public Art Request for Funding Application from Maryam Crogman.

Motion passed by a vote of 3-0, with Council Member Baca-Santa Cruz, Council Member Marquez, and Mayor Cabrera voting yes, with Mayor Pro Tem Delgado and Council Member Barnard
absent.

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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -21-
RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ulises Cabrera, Mayor
AYES: Ulises Cabrera, David Marquez, Elena Baca-Santa Cruz ABSENT: Ed Delgado, Cheylynda Barnard
I.REPORTS
I.1.CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action) March Joint Powers Commission (JPC)
None.

Riverside County Habitat Conservation Agency (RCHCA)
None.

Riverside County Transportation Commission (RCTC)
Mayor Cabrera reported the following:

The Committee heard a presentation regarding Senate Bill 125 Formula-Based Funding for the Transit and Intercity Rail Capital Program and Zero Emission Transit Capital Program. The committee recommended the Commission approve the funding recommendations.

The Committee also recommended the Commission adopt the Commission’s 2024 State and Federal Legislative Platform.

Riverside Transit Agency (RTA)
None.

Western Riverside Council of Governments (WRCOG)
Council Member Baca-Santa Cruz reported the following:

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Items covered at the WRCOG Executive Committee meeting on December 4, 2023, included an update on the EPA’s Climate Pollution Reduction Grants (CPRG) Funding Opportunity. The U.S. Environmental Protection Agency (EPA) has allocated funding to 117 entities nationally to prepare preliminary studies that will be used to identify GHG emissions reduction strategies.

San Bernardino COG is leading the preparation of the initial planning study for the Riverside / San Bernardino Area with assistance from SCAG, AQMD, WRCOG and other stakeholders. Unfortunately, this grant cannot be pursued by individual municipalities.

Western Riverside County Regional Conservation Authority (RCA) Council Member Marquez reported the following:

Items covered at the RCA Board of Directors meeting on December 4, 2023, included a status report on acquisitions made by RCA. For the 2023 calendar year, 33 parcels were acquired, adding approximately 1,038 acres to the reserve.

School District/City Joint Task Force
None.

I.2.EMPLOYEE ASSOCIATION REPORTS
I.3.CITY MANAGER'S REPORT

1. Affordable housing projects.

2. March Field Park indoor soccer field dedication, December 18th.

3. New Economic Development Director, Cruz Esparza.

4. City's 39th birthday.

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

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Council Member Baca-Santa Cruz

1. Snow Day.

2. District 1 Library Commissioner.

3. Little Libraries Special Presentation.

4. Recounted protest at Vista Heights Middle School.

Council Member Marquez

1. Snow Day and Tree Lighting Ceremony.

2. Mailbox theft issues.

3. Art murals.

4. RTA ribbon cutting.

5. Fire and Police services.
*Council Member Baca-Santa Cruz left the meeting at 8:54pm.

Mayor Cabrera

1. Council issues.

2. Happy Thanksgiving.

3. Student of the Month event.

4. Telephone Town Hall

5. Snow Day and Tree Lighting Ceremony.

6. Spark of Love Toy Drive.

Mayor Cabrera directed the City Manager and City Clerk to add an item agenda to potentially cancel the January 2, 2024 City Council meeting.

ADJOURNMENT
There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 8:59PM.

PUBLIC INSPECTION
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The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Submitted by:
___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Minutes Acceptance: Minutes of Dec 5, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) Report to City Council
ID#6117 Page 1
TO: Mayor and City Council
FROM: Jane Halstead, CMC, City Clerk
AGENDA DATE: December 19, 2023
TITLE: COUNCIL DISCRETIONARY EXPENDITURE REPORTS
FOR FISCAL YEAR 2023/2024 FROM JULY 1, 2023
THROUGH OCTOBER 31, 2023.

RECOMMENDED ACTION
Recommendation:

1. Receive and file the Fiscal Year 2023/2024 Council Discretionary Expenditure Report for July 1, 2023 through October 31, 2023.

SUMMARY
This staff report is prepared at the request of the City Council to provide transparency with respect to the expenditure of City funds from City Council Discretionary Expenditure Accounts. These reports are for each Council Member’s year to date expenditures for Fiscal Year 2023/2024, for July 1, 2023 through October 31, 2023.

Each Council District receives an annual budget allocation of $3,000 and the Mayor receives an annual budget allocation of $6,000.

With the adoption of the current fiscal year budget and pursuant to Resolution No. 2023- 24, unused monies from Fiscal Year 2022/2023 will be carried over to the current Fiscal Year as approved by the City Manager.

The expenditure reports are included routinely in the City Council agenda as an additional means of distributing reports on activities to the Council and public. The reports are to be posted to the City’s website following Council approval. The monthly reports provide unaudited information and are reconciled to the City’s general ledger.

Following the end of the Fiscal Year, the financial information shall be reviewed as part of the City’s independent financial audit.

NOTIFICATION
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Page 2 ends

Posting of the agenda as required by the Brown Act.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Jasmin Rivera Jane Halstead
Executive Assistant to the Mayor and Council Office City Clerk

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. FY 23-24 Expenditure Report Sheet

APPROVALS
Budget Officer Approval ✓ Approved . 12/11/23 11:54 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/11/23 12:15 PM
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MAYOR ULISES CABRERA
Fiscal Year 2023/2024 Council Discretionary Expenditures Accounts: 1010-10-01-10015-620130 Mayor Discretionary
1010-10-01-10015-620131 Mayor Discretionary - Carryover July 1, 2023 – October 31, 2023
Date Amount Description
7/25/2023 $ 1,000.00 Kids Youth Mentorship Services Inc. Back-to-School Backpack Giveaway Event 7/31/2023 $ 102.59 Senior Center Community Engagement Consumables 7/31/2023 $ 75.00 We Walk by Faith Not by Sight Event
8/25/2023 $ 300.00 StreetBeat Ave. Records and Moreno Valley Mall Christmas Toy Drive 9/08/2023 $ 300.00 Diamond Girls Softball Association
9/30/2023 $ 50.00 CIELO Inland Empire Community Foundation Celebration Brunch 10/10/2023 $ 300.00 Move & Groove For Health Event - Venue Sponsorship 10/31/2023 $ 250.00 Kama Burton / Loving Me 1st 8th Annual Girls Conference Sponsorship 10/31/2023 $ 229.95 Inland Empire Labor Council COPE Gala 6/28/2023 $ 300.00 Homeowners Summit Sponsorship
$ 2,607.54 TOTAL Council Discretionary Expendituresfor FY 23/24 $ 6,000.00 FY 23/24 Adopted Budget Amount
$ 6,000.00 FY 23/24 Amended Budget Amount
$ 3,392.46 FY 23/24 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.

Updated as of: 12/7/2023
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Attachment: FY 23-24 Expenditure Report Sheet (6117 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2023/2024) MAYOR PRO TEM EDWARD A. DELGADO
Fiscal Year 2023/2024 Council Discretionary Expenditures Accounts: 1010-10-01-10012-620112 District 2 Discretionary 1010-10-01-10012-620117 District 2 Discretionary - Carryover July 1, 2023 – October 31, 2023
Date Amount Description
No expenditures to report for July 2023
8/2/2022 $ 108.25 No expenditures to report for August 2023Center Reservation 8/26/2022 $ 500.00 No expenditures to report for September 2023Center: Lady Outlaws 10/10/2023 $ 300.00 Move & Groove For Health Event - Venue Sponsorship 10/20/2023 $ 121.00 Trailseekers of Moreno Valley Equestrian Center Event - Venue Sponsorship 9/30/2022 $ 187.50 Banning State of the City
10/24/2022 $ 208.54 Elks Lodge Hoop-Shoot
No expenditures to report for November 2022
No expenditures to report for December 2022
1/10/2023 $ 500.00 The Hole in Wall, Inc.
2/3/2023 $ 242.00 Trailseekers Moreno Valley Equestrian Center Reservation No expenditures to report for March 2023
No expenditures to report for April 2023
5/16/2023 $ 250.00 Valley View Baseball Boosters
No expenditures to report for June 2023
$ 421.00 TOTAL Council Discretionary Expendituresfor FY 23/24 $ 3,000.00 FY 23/24 Adopted Budget Amount
$ 3,000.00 FY 23/24 Amended Budget Amount
$ 2,579.00 FY 23/24 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.

Updated as of: 12/7/2023
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Attachment: FY 23-24 Expenditure Report Sheet (6117 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2023/2024) COUNCIL DISTRICT 1 ELENA BACA-SANTA CRUZ
Fiscal Year 2023/2024 Council Discretionary Expenditures Accounts: 1010-10-01-10011-620111 District 1 Discretionary 1010-10-01-10011-620116 District 1 Discretionary - Carryover July 1, 2023 – October 31, 2023
Date Amount Description
No expenditures to report for July 2023
8/04/2023 $ 250.00 Diamond Girls Softball Association Team Contribution: Queen Kobras 8/15/2023 $ 300.00 Diamond Girls Softball Association Team Contribution: Cyclones 9/30/2023 $ 75.00 We Walk by Faith Not by Sight Event
9/30/2023 $ 187.25 District 1 Towngate Community Meeting – Venue Rental 10/31/2022 $ 49.37 T No expenditures to report for October 2023o urning Red Tape into Red Carpet 6/3/2022 $ 50.00 No expenditures to report for November 2022 12/29/2022 $ 250.00 Tuning Sounds Organization
1/20/2023 $ 40.00 No expenditures to report for January 2023 No expenditures to report for February 2023
2/28/2023 $ 190.71 Edgemont Women’s Club Forum
3/8/2023 $ 92.78 Edgemont Women’s Club Forum
3/24/2023 $ 250.00 Canyon Springs Little League
3/31/2023 $ 60.54 24th Annual Cesar E. Chavez Memorial Breakfast 4/24/2023 $ 350.00 Edgemont Women’s Club Audio Equipment rental fee reimbursement 1/20/2023 $ 40.00 No expenditures to report for May 2023 No expenditures to report for June 2023

$ 812.25 TOTAL Council Discretionary Expendituresfor FY 23/24 $ 3,000.00 FY 23/24 Adopted Budget Amount
$ 3,000.00 FY 23/24 Amended Budget Amount
$ 2,187.75 FY 23/24 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.

Updated as of: 12/7/2023
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Attachment: FY 23-24 Expenditure Report Sheet (6117 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2023/2024) COUNCIL DISTRICT 3 DAVID MARQUEZ
Fiscal Year 2023/2024 Council Discretionary Expenditures Accounts: 1010-10-01-10013-620113 District 3 Discretionary 1010-10-01-10013-620118 District 3 Discretionary - Carryover July 1, 2023 – October 31, 2023

Date Amount Description
7/31/2022 $ 50.00 No expenditures to report for July 2023 8/04/2023 $ 500.00 Diamond Girls Softball Association Team Contribution: Ice Queens 8/31/2022 $ 190.84 No expenditures to report for September 2023o expenditures to report for No expenditures to report for October 2023o
4/23/2022 $ 108.25 No expenditures to report for October 2022Hope Sponsorship Trail seekers MVEC No expenditures to report for November 2022
12/08/2022 $ 50.00 2022 State of Riverside County
6/4/2022 $ 135.00 No expenditures to report for January 2023 2/8/2023 $ 500.00 Diamond Girls Softball Association Team Contribution: Mad Batters 2/22/2023 $ 1,000.00 Moreno Valley Community Band Wind Symphony 3/13/2023 $ 267.75 San Gorgonio Girl Scouts
No expenditures to report for April 2023
No expenditures to report for May 2023
No expenditures to report for June 2023
$ 500.00 TOTAL Council Discretionary Expendituresfor FY 23/24 $ 3,000.00 FY 23/24 Adopted Budget Amount
$ 3,000.00 FY 23/24 Amended Budget Amount
$ 2,500.00 FY 23/24 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.

Updated as of: 12/7/2023
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Attachment: FY 23-24 Expenditure Report Sheet (6117 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2023/2024) COUNCIL DISTRICT 4 CHEYLYNDA BARNARD
Fiscal Year 2023/2024 Council Discretionary Expenditures Accounts: 1010-10-01-10014-620114 District 4 Discretionary 1010-10-01-10014-620119 District 4 Discretionary - Carryover July 1, 2023 – October 31, 2023
Date Amount Description
7/31/2023 $ 100.00 Rancho Verde High School Cheer
7/31/2023 $ 134.86 District 4 Community Engagement Consumables 8/15/2023 $ 200.00 Diamond Girls Softball Association Team Contribution: Ice Queens 8/15/2023 $ 13.27 District 4 Community Engagement Refreshments 8/17/2023 $ 23.70 District 4 Community Engagement Consumables 8/18/2023 $ 200.00 Diamond Girls Softball Association Team Contribution: Cyclones No expenditures to report for September 2023o
No expenditures to report for October 2023o
$ 671.83 TOTAL Council Discretionary Expendituresfor FY 23/24 $ 3,000.00 FY 23/24 Adopted Budget Amount
$ 3,000.00 FY 23/24 Amended Budget Amount
$ 2,328.17 FY 23/24 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.

Updated as of: 12/7/2023
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Attachment: FY 23-24 Expenditure Report Sheet (6117 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2023/2024) Report to City Council
ID#6484 Page 1
TO: Mayor and City Council
FROM: Jane Halstead, CMC, City Clerk
AGENDA DATE: December 19, 2023
TITLE: COUNCIL TRAINING & TRAVEL EXPENDITURE
REPORTS FOR FISCAL YEAR 2023-2024

RECOMMENDED ACTION
Recommendation:

1. Receive and file the Training & Travel Authorization Forms for the month of November 2023.

SUMMARY
This staff report is prepared at the request of the City Council to provide transparency with respect to the expenditure of City funds used for City Council Training and Travel.

Each Council District receives an annual budget allocation of $4,000 and the Mayor receives an annual budget allocation of $12,000.

On September 5, 2023, the City Council approved the revision of policy #3.06; to incorporate additional transparency requirements for the reporting of the travel and training forms.

The training and travel forms provide unaudited information and are reconciled to the City’s general ledger. Following the end of the Fiscal Year, the financial information shall be reviewed as part of the City’s independent financial audit.

No City Council training or travel expenditure activity to report for October 2023.

No City Council training or travel expenditure activity to report for November 2023.

FISCAL IMPACT
No Fiscal Impact as all funds are budgeted within the Fiscal Year 2023/2024 annual A.5
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budget.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Name Jasmin Rivera Name Jane Halstead
Title Executive Assistant to the Mayor and Council Office Title City Clerk Concurred By:

Name
Title

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
Budget Officer Approval ✓ Approved . 12/11/23 12:05 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/11/23 12:14 PM
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Report to City Council
ID#6481 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: December 19, 2023
TITLE: LIST OF PERSONNEL CHANGES

RECOMMENDED ACTION
Recommendation:

1. Ratify the list of personnel changes as described.

DISCUSSION
The attached list of personnel changes scheduled since the last City Council meeting is presented for City Council ratification.

Staffing of City positions ensures assignment of highly qualified and trained personnel to achieve Momentum MoVal priorities, objectives, and initiatives.

FISCAL IMPACT
All position changes are consistent with appropriations previously approved by the City Council.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Serina Contreras Brian Mohan
Executive Assistant Assistant City Manager

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES
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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. Personnel Changes for Staff Report_12.19.23

APPROVALS
Budget Officer Approval ✓ Approved . 12/10/23 6:02 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/11/23 11:18 AM
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City of Moreno Valley
Personnel Changes- 11/1/23- 11/30/23
December 19, 2023
New Hires
Rosalea Layman, Senior Grants Analyst, Grants Administration, City Manager Rebekah Key, Senior Grants Accountant, Grants Administration, City Manager Andrew Palacios, Assistant Engineer, Capital Projects, Public Works Promotions
Kamran Aladross
From: Sr. Engineer, P.E., Electric Utility, Public Works To: Electric Utility Assistant Manager, Electric Utility, Public Works Arlene Celis
From: Community Services Coordinator, Parks and Community Services To: Management Assistant, Parks and Community Services
Julie Descoteaux
From: Sr. Planner, Planning, Community Development Services To: Principal Planner, Planning, Community Development Services Transfers
NONE
Separations
NONE
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Attachment: Personnel Changes for Staff Report_12.19.23 (6481 : LIST OF PERSONNEL CHANGES) Report to City Council
ID#6479 Page 1
TO: Mayor and City Council
FROM: Sean P. Kelleher, Community Development Director
AGENDA DATE: December 19, 2023
TITLE: SECOND READING AND ADOPTION OF ORDINANCE
NO. 1005

RECOMMENDED ACTION
Recommendation: That the City Council:

Conduct the second reading by title only and adopt Ordinance No. 1005.

SUMMARY
This report recommends the adoption of Ordinance No. 1005, introduced at the City Council meeting of December 5, 2023, approving amendments to Title 9 (Planning and Zoning).

DISCUSSION
This item is the second reading of the Ordinance amending various sections of Municipal Code Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code that address the following matters:

1. Updates to comply with State requirements related to housing, as well as assisting the City in complying with its housing element.

2. Other minor clarifications and clean-up items.

ALTERNATIVES
A. Conduct the second reading by title only and adopt Ordinance No.1005. Staff recommends this alternative.

B. Provide revisions to the draft Ordinances and have staff return with the revised drafts for another adoption process.

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FISCAL IMPACT
There are no fiscal impacts anticipated from the approval and adoption of this Ordinance. However, it is anticipated that the proposed modifications will streamline business and development regulations, which would be expected to have a positive impact on business and development and, thus, a positive fiscal impact to the City.

NOTIFICATION
The agenda was posted in accordance with the Brown Act.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Danielle Harper-Scott Sean Kelleher
Associate Planner Community Development Director

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

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. Ordinance No. 1005

APPROVALS
Budget Officer Approval ✓ Approved . 12/10/23 6:03 PM
City Attorney Approval ✓ Approved .

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City Manager Approval ✓ Approved . 12/11/23 11:18 AM
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ORDINANCE NO. 1005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, AMENDING VARIOUS SECTIONS WITHIN
TITLE 9 (PLANNING AND ZONING), INCLUDING CHAPTER 9.02
(PERMITS AND APPROVALS), CHAPTER 9.03 (RESIDENTIAL
DISTRICTS), CHAPTER 9.05 (INDUSTRIAL DISTRICTS), CHAPTER 9.14 (LAND DIVISIONS), AND CHAPTER 9.16 (DESIGN GUIDELINES) OF

THE MORENO VALLEY MUNICIPAL CODE
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, morals and/or safety; and WHEREAS, Section 9.02.050 (Amendments to zoning districts or other provisions of Title 9) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) of the Municipal Code provides that either the staff or the Planning Commission may initiate amendments to the provisions of Title 9; and
WHEREAS, staff has recommended to the Planning Commission that it recommend that the City Council adopt several amendments to Title 9, which include revising certain provisions of Chapter 9.02 (Permits and Approvals), Chapter 9.03 (Residential Districts), Chapter 9.05 (Industrial Districts), Chapter 9.14 (Land Divisions) and Chapter 9.16 (Design Guidelines) (collectively referred to herein as “PEN23-0125”); and
WHEREAS, PEN23-0125 will clarify various development standards to provide some flexibility regarding existing requirements, make it less costly for the public with respect to processing certain entitlements and streamline certain entitlement procedures for efficiency purposes, all of which will promote economic development within the City; and
WHEREAS, staff has determined that PEN23-0125 is consistent with the MOVAL 2040 General Plan and its goals, objectives, policies, and programs, and with any applicable specific plan; and
WHEREAS, staff has further determined that PEN23-0125 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN23-0125 is consistent with the purposes and intent of Title 9; and
WHEREAS, staff has determined that PEN23-0125 amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the A.7.a
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

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 herein as though set forth at length herein.

Section 2. AUTHORITY
That this Ordinance is adopted pursuant to the authority granted by Article XI, Section 7 of the Constitution of the State of California and California Government Code Section 37100, and it is not intended to be duplicative of state law, or be preempted by state legislation.

Section 3. AMENDMENT TO SECTION 9.02.020 (PERMITTED USES) Section 9.02.020 (Permitted Uses) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit A.

Section 4. AMENDMENT TO SECTION 9.03.040 (RESIDENTIAL SITE

DEVELOPMENT STANDARDS)
Section 9.03.040 (Residential Site Development Standards) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit B.

Section 5. AMENDMENT TO SECTION 9.03.055 (DENSITY BONUS

PROGRAM FOR GREEN BUILDING AND ENERGY EFFICIENCY)
Section 9.03.055 (Density Bonus Program for Green Building and Energy Efficiency) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit C.

Section 6. ADDING SECTION 9.03.070 (STREAMLINED MINISTERIAL APPROVAL PROCESS (SENATE BILL 35)) TO CHAPTER 9.03
(RESIDENTIAL DISTRICTS)
Section 9.03.070 (Streamlined Ministerial Approval Process (Senate Bill 35)) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby added to Chapter 9.03 (Residential Districts) as set forth in Exhibit D.

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Section 7. ADDING SECTION 9.03.070 (9.03.080 STREAMLINED MINISTERIAL APPROVAL PROCESS (SENATE BILLS 330
AND 8) TO CHAPTER 9.03 (RESIDENTIAL DISTRICTS)
Section 9.03.080 (Streamlined Ministerial Approval Process (Senate Bills 330 and 8)) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby added to Chapter 9.03 (Residential Districts) as set forth in Exhibit E.

Section 8. AMENDMENT TO SECTION 9.05.040 (INDUSTRIAL SITE

DEVELOPMENT STANDARDS)
Section 9.05.040 (Industrial Site Development Standards) of Chapter 9.05 (Industrial Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit F.

Section 9. AMENDMENT TO SECTION 9.14.100 (LAND DIVISION

DEDICATIONS, IMPROVEMENTS, FEES AND RESERVATIONS)
Section 9.14.100 (Land Division Dedications, Improvements, Fees and Reservations) of Chapter 9.14 (Land Divisions) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit G.

Section 10. AMENDMENT TO SECTION 9.16.170 (APPLICATIONS FOR

HILLSIDE DEVELOPMENT PERMIT)
Section 9.16.170 (Applications for Hillside Development Permit) of Chapter 9.16 (Design Guidelines) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit H.

Section 11. CEQA COMPLIANCE
That PEN23-0125 Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Section 12. FINDINGS
The ordinance is consistent with the City’s 2040 General Plan.

Section 13. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Section 14. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 15. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 16. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) INTRODUCED at a regular meeting of the City Council on December 5, 2023, and PASSED, APPROVED, and ADOPTED by the City Council on December 19, 2023, by the following vote:
________________________________
Ulises Cabrera, Mayor
City of Moreno Valley
ATTEST:
___________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005)

ORDINANCE JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
ss. CITY OF MORENO VALLEY
)
I, _____________________, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 2023 - 1005 was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 19th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and
Mayor)

CITY CLERK
(SEAL)
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit.  - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Adult Businesses A A A A A A A
Agricultural Uses—Crops Only18 X X X X X X X X X X X X X X X X X X X X X X X X X X Agricultural (involving structures) X
Aircraft Landing Facilities (including helipads and facilities for quadcopters)18 C C C C C C C C
Ambulance Service   X X X X
Amusement Parks, Fairgrounds18  X
Animal Raising (see Section 9.09.090 of this title)18 X X X X X X X X X X X X X X X X X X X X X X X X X X Appliance and Electronic Repair Shops X X X X X X X X
Arcades, Video Machines  X 
Athletic Clubs, Gymnasiums and Spas18 X X X X X X X X X X Auction Houses18 X X
Auditoriums18            
Auto Electronic Accessories and Installation X X X X
Automobile Fleet Storage X X
Automobile, Motorcycle, Truck, Golf Cart, Recreational
Vehicle and Boat Sales and Incidental Minor Repairs and Accessory Installations
 X X
Auto Service Stations
Accessory uses include convenience store and car wash
Minor repairs to include auto/boat/motorcycle/RV (excludes major repair, paint, body work)
         
Automotive, Boat, Motorcycle and RV Repair—Minor
(includes brake, muffler and tire installation and repair)  X X X X Automotive Paint and Body Repair—Major Engine Overhaul  X Auto Rentals X X X X
Auto Supply Stores X X X X X X X X
Bakery Shops X X X X X X X
Bakery—Commercial18 X
Banks—Financial Institutions18 X X X X X X X X X X
Barber and Beauty Colleges18 X X X X X X X X X
Bars (Drinking Establishments) 18
Bars C C C C C C
Bars, with Limited Live Entertainment C C C C C C
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Boat Sales New and Used Including Repairs and Accessory Installation  X
Boarding and Rooming Houses18 X X X X X X
Bowling Alley    X X
Building Material Sales18 
With outdoor storage18  X X
Building Material Storage Yards18 X
Bus, Rail and Taxi Stations18  
Business Equipment Sales (includes repairs) X X X X X X X X Business Schools18 X X X X X X X X X X X
Business Supply Stores X X X X X X X X X
Cabinet Shop X X X X
Caretakers Residence1   C       
Car Wash X X X
Accessory to auto related use   X
Catering Service X X X X X X X X
Cemetery (Human or Pet) With or Without Accessory
Mortuary and Cremation Services (Minimum 10-acre site
required)

C C C C C C C C C C C C
Churches2, 18 C C C C C C C C C C C C      C        Clubs18               C
Commercial Cannabis Activities17, 18
Cultivation M M M
Dispensary M M M
Manufacturing M M M
Testing M M M
Microbusiness M M
Distribution Center M M M M M
Commercial Radio or Television Stations
With on-site antenna     
Without on-site antenna X X X X X
Communications Facilities (See Section 9.09.040 of this title) Computer Sales and Repairs X X X X X X X X X X
Contractors Storage Yard X
A.7.a
Packet Pg. 61
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Convalescent Homes/Assisted Living18 C C C C C C          Convenience Stores
With drive-through X X
Without drive-through X X X X X
With alcohol sales     
Convention Hall, Trade Show, Exhibit Building with Incidental Food Services18 C     
Copy Shops X X X X X X X X X X X X
Country Club18 C C C C C C C C C C C C
Dancing, Art, Music and Similar Schools18 X X X X X X X X X X X Day Care Centers18, 19 X X X X X X X X X X X X              C Delicatessens18 X X X X X X X X X X
Diaper Supply Service X
Laundry with fleet storage18 X
Disposal company X
Drapery Shops X X X X X X
Dressmaking Shops X X X X X X
Driving School18 X X X X X X X X X X
Drug Stores X X X X X X
Dry Cleaning or Laundry18
a. Dry Cleaning X X X X X X X X
b. Laundromat X X X X X X X
c. Laundry Commercial X X
Emergency Shelters14 X X X C C C X C C
Employee Housing18 X X X X
Equestrian Centers, Riding Academies, Commercial Stables (including incidental sales of feed and tack) 18 C C C C  C Exterminators C X X X X
Feed and Grain Stores X X X
Fire and Police Stations X X X X X X X X X X X X X X X X X X X X X X X X X X Floor Covering Stores (may include incidental repairs with installation service) X X X X X X
Fraternity/Sorority18 C C C C C
Frozen Food Locker X X
A.7.a
Packet Pg. 62
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Gasoline Dispensing - Non-retail accessory to an autorelated use18 X X X X X Glass Shops and Glass Studios—Stained, etc. X X X X X
Golf Courses or Golf Driving Ranges with Incidental
Commercial Uses18 C C C C C C C C C C C C 
Handicapped Housing18 X X X X X X X X
Heavy Equipment Sales and Rentals X X X
Hospitals18     C C C
Hotels18
a. With 20% or less of the units containing kitchens X X X X C X X X b. With over 20% of the units containing kitchens C C C C C C C C Ice Cream Stores—Including Yogurt Sales X X X X X X X X Impound Yards X
Jewelry Stores X X X X X X
Kennel and Catteries C C C C C C C C C C C C C C C C C     C Laboratories (medical and dental) 18 X X X X X X X X X X X Libraries18 X X X X X X X X X X X X X X X X X X X X X X X X Liquor Stores    
Live/Work Unit 12, 18 X X X
Locksmith Shops X X X X X X X X X X
Lodge Halls and Similar Facilities18        
Low Barrier Navigation Centers18 X X X X X X X X
Lumberyards X X
Mail Order House X X X X X
Manufacturing and Assembly18
a. Custom and light manufacturing indoor uses only (50,000 square feet or less), with light truck traffic, on-site and wholesaling of goods produced

X X X X
b. Custom and light manufacturing indoor uses only (more than 50,000 square feet), with light truck traffic, on-site and wholesaling of goods produced
X X
c. General manufacturing with frequent truck traffic and/or outdoor equipment or storage X X
d. Retail sales of goods produced or warehoused on-site3 X X X X A.7.a
Packet Pg. 63
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Medical Clinics/Medical Care18
Inpatient care X X X X X X X X X X X
Urgent care X X X X X X X
Medical device services and sales (retail), including, but not limited to, fittings for and sale of prosthetic and orthotic devices

X X X X
Medical equipment supply, including retail sales for in-home medical care, such as wheelchairs, walkers, and respiratory equipment

X X X X
Mobile Home Parks18 C C C C C C C C C C C C
Mobile Home Sales or Rentals (outdoor display) C
Mortuaries
With cremation services X X
No cremation services C C C C C C C C C C    X X
Museums18 X X X X X X X X X X X X X X X X X X X X X X X X X X Newspaper and Printing Shops X X X X X X X X X
Nightclubs18 C C C
Nursery, (Plant), Wholesale and Distribution X X X X X X X Offices (administrative and professional) 18 X X X X X X X X X X X Open Air Theaters18 C C C
Orphanages18 C C C C C C C C C C C C
Painting Contractor X X
Parcel Delivery Terminals18 X X X X
Parking Lot C C X X C X
Parks and Recreation Facilities (public) 18 X X X X X X X X X X X X X X X X X X X X X X X X X X Personal Services (e.g., nail salons, spa facilities15, barber and beauty shops, and tattoo parlors) 18 X X X X X X X X Pharmacy4 X X X X X X X X
Photo Studios X X X X X X X X
Plumbing Shops X X
Plumbing Supply Stores for Contractors X X X
Pool Hall18   
Postal Services X X X X X X X X X X
Pottery Sales with Outdoor Sales X X X X X X X X
A.7.a
Packet Pg. 64
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Public Administration, Buildings and Civic Centers18 X X X X X X X X X X X X X Public Utility Stations, Yards, Wells and Similar Facilities, Excluding Offices18 C C C C C C C C C C C C          X X   C Racetracks18 C C
Record Store X X X X X X
Recording Studio X X X X X X X X X X X X
Recreational Facilities (Private) such as Tennis Club, Polo Club, with Limited Associated Incidental Uses18 C C C C C C C C C C C C       Recycling, Large Collection Facility5  X X
Recycling, Small Collection Facility X X X X X X
Recycling Processing Centers X X X X
Refreshment Stands X X X X X X X X X X X X X
Rental Service
Within an enclosed structure (furniture, office, party supplies) X X X X X X X X X X With outdoor storage and display (vehicles, equipment, etc.)   X X Research and Development18 X X X X X X X X X
Residential18
Single-Family X X X X X X X X X X X X
Multiple-Family X X X X X X X
Affordable Housing in Commercial Zones20 X X X X X X X X Manufactured home park (see mobile home parks)
Residential Care Facility
for six (6) or less persons18 X X X X X X X X X X X X
for seven or more persons18 C C C C C C C C C C C C C C X Restaurants (Eating and Drinking Establishments) 18
Without entertainment X X X X X X X X
With Limited Live entertainment X X X X X X X
With alcoholic beverage sales X X X X X X X X
With outdoor seating13 X X X X X X X X
Restaurants (fast-food) 18
With drive-through   
Without drive-through X X X X X X
Retails Sales X X X X X X
Support Retail Sales X X X X X
A.7.a
Packet Pg. 65
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Sandwich Shops6 X X X X X X X X6
Schools, Private C C C C C C C C C C C C          Senior Housing X X X X X X X X X X X X X X X X X
Shoe Shine Stands X X X X X X X X X
Shoe Repair Shop X X X X X X
Sign Shop X X X X X X X X X X
Single room occupancy (SRO) facility18 C C C C X
Skating Rinks18 X X
Smoke Shops16 S S S S
Stationery Stores X X X X X X X X X
Statue Shop -Outdoor display  X X
Storage Lots and Mini-Warehouses
Indoor C X
Outdoor C X
Supportive and Transitional Housing X X X X X X X X X X X X X X X X X Swim Schools/Center with Incidental Commercial Uses18 C C C C C C C C C C C C X Taxidermist X X X
Theaters (excludes open air) 18 X X X X X X
Tire Recapping X
Trade and Vocational Schools18 X X X X X X X X X
Transfer, Moving and Storage Facilities X X
Truck Charging Facilities C X X
Truck Wash X X
Upholstery Shops X X X X
Vehicle Storage Yards
Indoor X X X
Outdoor C X X
Vending Machine Service and Repair X X X X
Veterinarian (including animal hospital) 18
All activities within an enclosed structure X X X X X X X With outdoor activities   
Weight Reduction Center X X X X X X X
Wholesale, Storage, and Distribution18
All activities indoors (50,000 square feet or less) X X X X A.7.a
Packet Pg. 66
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS All activities indoors (more than 50,000 square feet) X X All activities outdoors X
Retail sale of goods warehoused on-site7 X X X
Wrecking Yard 
Notes:
(1) Do not consider residential use per distance requirement. (2) The administrative plot plan process may be used to establish these uses in an existing building within any commercial or industrial zone, even if the project is located adjacent to residential uses or zones.
(3) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (4) Permitted in the OC and VOR districts only as a support medical office facility. (5) Large collection facilities may be established within an existing building through the “tenant improvement” process if such building or tenant space occupied by the use is not located adjacent to a residential use or zone.
(6) Sandwich shops shall not have cooking hoods, nor shall they exceed five percent of the gross floor area of the complex where they are located. (7) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (8) In the MUI district, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 300 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots. (9) In the MUC and MUN districts, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 150 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots.
(10) See Section 9.07.40 (Medical Use Overlay District) (11) See Section 9.09.260 (Mixed Use Development)
(12) See Section 9.09.250 (Live-Work Development)
(13) See Section 9.09.270 (Outdoor Dining)
(14) Use is also permitted in the Moreno Valley Industrial Area Plan (SP 208) (15) For Spa Facilities refer to Title 11, Chapter 11.96 of the Municipal Code. (16) See Section 9.09.280.C (Smoke Shops) for distance requirements that require a Conditional Use Permit. (17) See Section 9.09.290 (Commercial Cannabis Activities) for all Commercial Cannabis Activities regulations. (18) See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP.
(19) For Day Care uses in the Moreno Valley Industrial Area Plan (SP 208), See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP. (20) See Section 9.04.050 (Affordable Housing in Commercial Zones) A.7.a
Packet Pg. 67
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit A
(21) See Section 9.09.320. 9.09.320 Low barrier navigation centers.

Zoning District Key
HR Hillside Residential District MU Mixed Use Overlay District RR Rural Residential District MUN Mixed-Use Neighborhood Overlay District R1 Residential 1 District (40,000 square feet minimum lot size) MUC Mixed-Use Community Overlay District RA2 Residential Agriculture 2 (20,000 square feet minimum lot size) MUI Mixed-Use Institutional Anchor Overlay District R2 Residential 2 District (20,000 square feet minimum lot size) NC Neighborhood Commercial District R3 Residential 3 District (10,000 square feet minimum lot size) CC Community Commercial District R5 Residential 5 District (7,200 square feet minimum lot size) VC Village Commercial District RS10 Residential Single-Family 10 District (4,500 square feet minimum lot size) OC Office Commercial District R10 Residential 10 District (Up to 10 Dwelling Units per net acre) O Office District R15 Residential 15 District (Up to 15 Dwelling Units per net acre) P Public District R20 Residential 20 District (Up to 20 Dwelling Units per net acre) I Industrial District R30 Residential 30 District (Up to 30 Dwelling Units per net acre) LI Light Industrial BP Business Park District
BPX Business Park-Mixed Use District
OS Open Space District
A.7.a
Packet Pg. 68
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit B

9.03.040 Residential site development standards.

The following standards shall apply to land and permitted or conditionally permitted buildings and structures located within the herein described residential districts. The standards stated herein are not intended to prevent more restrictive private site development standards contained in the covenants, conditions and restrictions or other private consensual restrictions imposed on any property or dwelling unit. However, in no case shall private deed or other property restrictions be applied or recognized so as to permit a lesser standard than the minimum standards established in this title or to otherwise revise the standards established by this title.

A. Rural Residential Requirements.

1. Slope-Density-Natural Area Relationship. The maximum density (du/ac) and the minimum percent of a site to remain in a natural state shall be determined by a slope analysis applied to the Slope-Density-Natural Area Table, as defined below.
a. Slope-Density-Natural Area Table 9.03.040-4.

Slope Class Allowable Density (DU/Acre) Amount of Open Space Required Greater than 25% 0.05 (1 du/20 ac) 60%

15.1% to 25% 0.10 (1 du/10 ac) 50%
10% to 15% 0.20 (1 du/5 ac) 35%
Less than 10% 0.40 (1 du/2.5 ac) n/a
b. Slope analysis calculations and mapping shall be provided by the applicant as described under subsection C of this section. The slope analysis shall be certified by a qualified civil engineer or licensed surveyor.
c. The total number of dwelling units permitted within a project area shall be the sum of the allowable dwelling units within each slope class. For example, if ten (10) acres of the project falls within the ten (10) to fifteen (15) percent slope class and five acres falls within the fifteen and one-tenth (15.1) percent to twenty-five (25) percent slope class, then the total permitted yield shall be two dwelling units (10 ac x 0.10 du/ac plus 5 ac x 0.20 du/ac).

2. Minimum Lot Size. Minimum lot size shall be one dwelling unit per two and one-half acres within a slope category of ten (10) percent or less unless determined to be reduced by an approved slope analysis. Based on the outcome of a slope analysis, minimum lot size within the rural residential district may be reduced to twenty thousand (20,000) square feet, or the minimum lot size of the adjacent zone, whichever is greater, if clustered on slopes of less than ten (10) percent and the lots are part of a project that preserves the steeper slope classes as natural open space by dedication to an appropriate governmental entity, open space easement, transfer of development rights or other means approved by the city. The ongoing maintenance of such open space areas shall be ensured through a mechanism approved by the city.

3. Subdivision Design and Future Land Divisions.

A.7.a
Packet Pg. 69
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit B
a. Subdivisions shall be compatible with the surrounding development pattern. A subdivision shall be considered compatible if the lots created along the outside boundary of the project are no smaller than the average lot size within three hundred (300) feet of the project boundary. Parcels greater than five acres in area shall be excluded from the calculations when determining the average lot size within three hundred (300) feet of the project boundary.
b. Subdivisions shall be designed in such a way as to transfer development density to the lower slope classes and preserve the steeper slopes for very low density and/or open space. Subdivisions created in this way are prohibited from further division so as not to circumvent the density transfer and the purpose of the district. This restriction shall be binding on the subdivider and subsequent land owners. Therefore, this restriction shall be secured by development agreement or other type of recorded deed restriction approved by the city.

4. Building Height. Dwellings and other accessory structures shall not exceed thirty (30) feet in overall height, provided that on slopes of less than ten (10) percent, the overall height shall not exceed thirty-five (35) feet.

5. Setbacks and Other Site Development Criteria. Front, side and rear setbacks and other site development standards not specifically referenced in this section shall be subject to the following standards:

Lot Size Standards
Under 40,000 s.f. R2 district standards
40,000 s.f. or greater R1 district standards

6. Grading within the rural residential district shall be performed as described under the hillside residential requirements, subsection (B)(6) of this section.

B. Hillside Residential Requirements.

1. Slope-Density-Natural Area Relationship. The maximum density (du/ac) and the percent of a site to remain in a natural state shall be determined by a slope analysis applied to the Slope-Density-Natural Area Table, as defined below.
a. Slope-Density-Natural Area Table 9.03.040-5.

Slope Class Allowable Density (DU/Acre) Minimum Amount of Open Space Required
Greater than 25% 0.10 (1 du/10 ac) 60%

15.1% to 25% 0.25 (1 du/4 ac) 50%
10% to 15% 0.50 (1 du/2 ac) 35%
Less than 10% 1.00 (1 du/ac) n/a
b. Slope analysis calculations and mapping shall be provided by the applicant as described under subsection C of this section. The community development director may require the slope analysis to be certified by a qualified civil engineer or licensed surveyor.

A.7.a
Packet Pg. 70
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit B
c. The total number of dwelling units permitted within a project area shall be the sum of the allowable dwelling units within each slope class. For example, if ten (10) acres of the project falls within the fifteen and one-tenth (15.1) percent to twenty-five (25) percent slope class and five acres falls within the greater than twenty-five (25) percent slope class, then the total permitted yield shall be three dwelling units (10 ac x 0.25 du/ac plus 5 ac x 0.10 du/ac).

2. Minimum Lot Size. Minimum lot size shall be one acre within a slope category of ten (10) percent or less unless determined to be reduced by an approved slope analysis. Based on the outcome of a slope analysis, the lot size within the hillside residential district may be reduced to ten thousand (10,000) square feet or the minimum lot size of the adjacent zone, whichever is greater, if clustered on slopes of less than ten (10) percent and the lots are part of a project that preserves the steeper slope classes as natural open space by dedication to an appropriate governmental entity, open space easement, transfer of development rights or other means approved by the city. The ongoing maintenance of such open space areas shall be ensured through a mechanism approved by the city.

3. Subdivision Design and Future Land Divisions.
a. Subdivisions shall be compatible with the surrounding development pattern. A subdivision shall be considered compatible if the lots created along the outside boundary of the project are no smaller than the average lot size within three hundred (300) feet of the project boundary. Parcels greater than five acres in area shall be excluded from the calculations when determining the average lot size within three hundred (300) feet of the project boundary.
b. Subdivisions shall be designed in such a way as to transfer development density to the lower slope classes and preserve the steeper slopes for very low density and/or open space. Subdivisions created in this way are prohibited from further division so as not to circumvent the density transfer and the purpose of the district. This restriction shall be binding on the subdivider and subsequent land owners. Therefore, this restriction shall be secured by development agreement or other type of recorded deed restriction approved by the city.

Lot Size Standards
Less than 20,000 s.f. R-3 district standards
20,000 s.f. to 40,000 s.f. R-2 district standards
40,000 s.f. or greater R-1 district standards
A.7.a
Packet Pg. 71
Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit B

6. Grading of any site shall be minimized and shall conform to the provisions contained in the city of Moreno Valley design guidelines, Ch. 9.16, under applications for hillside development, Article IV, Sections 9.16.170 through

9.16.235 of this title, and the following standards:

Slope Class Standards

15.1—25% Padded building sites may be allowed, but maximum use of custom foundations and split level designs shall be employed to reduce the need for large, padded building areas.

Above 25%
Mass grading is not permitted. Special hillside architectural and design techniques are expected in order to conform to the natural landform. Homes constructed on lots within this terrain shall use custom, multiple-level foundations.

For all areas All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods such as planting, walls or jute netting.

C. Slope Calculations. For the purposes of this section, the following method will be used to determine slope.

1. “Slope” is defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The percent of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100).

2. a. For the purpose of determining the amount and location of land falling into each slope category, the applicant shall submit to the community development department, at the time of application, a base topographic map of the subject site prepared and signed by a registered civil engineer or licensed land surveyor. Such a map shall have a scale of not less than one inch to two hundred (200) feet and a contour interval of not more than ten (10) feet.
b. This base topographic map shall include all adjoining properties within three hundred (300) feet of the site boundaries. Slope bands in the range of less than ten (10) percent, ten (10) to fifteen (15) percent, fifteen (15) to twenty-five (25) percent, and greater than twenty-five (25) percent shall be delineated on the topographic map.

The map shall be accompanied by a tabulation of the land area in each slope category specified in acres. The exact method for computing the percent slope and area by percent slope category is to be sufficiently described and presented so that a review can readily be made.

3. Slope Mapping Method.
a. The percent slope of any particular piece of land shall be plotted on the map as described in this subsection.
b. In preparing a slope map, those portions of ravines, ridges and terraces of less area generally sloping at twenty-five (25) percent slope or greater, shall be regarded as part of the bordering twentyfive (25) percent slope or greater band.

D. General Residential Requirements. The following tables sets forth minimum site development standards for residential development projects in the specified A.7.a
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residential districts. In addition, projects must comply with the special development standards enumerated in this section, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies and standards.

Table 9.03.040-6
Residential Site Development Standards
Single-Family Standards
Requirement R1 R2 RA2 R3 R5 RS10

1. Maximum density (DUs* per net acre) 1 2 2 3 5 10

2. Minimum lot size (sq. ft. net area) 40K** 20K 20K 10K 7,200 4,500

3. Minimum lot width, in feet 150 100 100 90 70 45
Cul-de-sac/knuckle lot frontage 50 50 50 50 50 45

4. Minimum lot depth, in feet 170 120 120 100 100 85

5. Minimum front yard setback 25 25 25 25 20 20
Front-facing garages 10
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Buildings other than front-facing garages 10

6. Minimum side yard setback, in feet***
a. Interior side yard See Note
1 See Note
1 See Note
1 See Note
1 See Note
2 See Note 3
b. Street side yard 20 20 20 15 15 10

7. Minimum rear yard setback, in feet*** 40 35 35 30 15 15

8. Maximum lot coverage 25% 30% 30% 40% 40% 50%

9. Maximum building and structure height, in
feet Two stories not to exceed 35 feet.

10. Minimum dwelling size (sq. ft.) 1500 1500 1500 1250 1250 1000

11. Minimum distance between buildings, in
feet (including main DUs and accessory
structures)
20 15 15 10 10 10

12. Floor area ratio
a. One-story home 0.25 0.30 0.30 0.40 0.40 0.50
b. Multi-story home 0.50 0.60 0.60 0.70 0.70 0.75
* The term “DUs” means dwelling units.
** The term “K” means thousands.
*** See Section 9.08.030 regarding accessory structures and room additions.

Notes to Residential Site Development Standards Table 9.03.040-6.

1. Combined interior side yard setbacks of twenty (20) feet shall be provided with a minimum of five feet on one side.

2. Combined interior side yard setbacks of fifteen (15) feet shall be provided with a minimum of five feet on one side.

3. In the RS10 district the minimum street side setback shall be ten (10) feet. The interior side setback shall be five feet, except in the case of zero lot line developments with houses placed on an interior side lot line. When a house is placed on an interior side lot line, the other minimum side yard setback shall be ten (10) feet. Where applicable, an easement at least five feet in width shall be provided along the common lot line. The easement shall guarantee the right to use and occupy the easement for a roof overhang(s), stormwater drainage and for building maintenance and repair.

4. The minimum front yard setback from private streets within the R1, R2 and R3 districts shall be fiftyfive (55) feet measured from the center line of the street. The minimum front yard setback from private streets within the R5 district shall be fifty (50) feet measured from the center line of said street.

Table 9.03.040-7
Residential Site Development Standards
Multifamily Standards
Requirement R10 R15 R20 R30

1. Maximum density (DUs*/net acre) 10 15 20 30

2. Minimum lot size (net area in sq. ft.)** 1 acre 1 acre 1 acre 1 acre

3. Minimum lot width in ft. 200 200 200 200

4. Minimum lot depth in ft. 175 175 175 175

5. Minimum front yard setback, in ft. 20 25 30 30

6. Minimum side yard setback, in ft.

Interior side yard 10 10 10 10 ft. plus 2 ft. for every 5 ft. in height over 30 ft.

Street side yard 20 20 20 20

7. Minimum rear yard setback, in ft. 15 20 25 10 ft. plus 2 ft. for every 5 ft. in height over 30 ft.

8. Maximum lot coverage 40% 45% 50% 50%

9. Maximum building and structure height,
in ft. 50 feet

10. Minimum dwelling size (sq. ft.) See Note 1
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11. Minimum distance between buildings,
in ft. (including main DUs and accessory
structures)
20 20 20 20

12. Floor area ratio 0.75 0.75 0.75 1.0
* The term “DUs” means dwelling units.
** Minimum lot size only applies to newly subdivided multifamily lots; existing lots can be developed under the multifamily development standards.

E. Special Single-Family Residential Development Standards.

1. In any residential district, front yard setbacks in subdivision developments may be reduced by twenty (20) percent provided the mean of all such setbacks in the development is not less than the minimum required for the district.

2. In the R2, RA2, R3 and R5 districts, developments of five or more dwelling units shall include front and street side yard landscaping and shall consist predominantly of plant materials, except for necessary walks, drives and fences.

3. In the RS10 district, driveways and fire hydrants shall be designed and located to maximize on-street parking opportunities in front of each residence.

4. Within the RS10 district, small lot single-family subdivisions on less than fifteen (15) gross acres shall provide landscaping and decorative walls along the street side of corner lots and at least two of the following amenities throughout the project:
a. Front porches;
b. Automatic garage door openers;
c. Electronic security systems.

5. Within the RS10 district, small lot single-family subdivisions on fifteen (15) gross acres or more shall include usable common open space encompassing a minimum of ten (10) percent of each development. Usable common open space does not include individually owned lots, parking areas, nor vehicular rights-of-way. Usable common open space is open space and/or recreational amenities under joint (common) ownership, including, but not necessarily limited to, landscaped areas, trails, playgrounds, tennis courts, swimming pools and recreational buildings. A homeowners’ association shall be established to provide continual maintenance of the commonly owned facilities.

6. For all developments within the R5 land use district, a buffer of lots held to the development standards of the R3 land use district shall be included for all portions of a subdivision located adjacent to lower density single-family residential land use districts, including the R1, R2, RA-2, and RR zones.

7. For all single-family residential developments in the R10, R15, R20, and R30 districts a planned unit development application shall be submitted to establish the applicable development standards.

8. In all residential districts, air conditioners, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that noise levels do not exceed sixty (60) dBA (Ldn) at the A.7.a
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property line. Additionally, such equipment, including roof-mounted installation, shall be screened from surrounding properties and streets and shall not be located in the required front yard or street side yard. All equipment shall be installed and operated in accordance with other applicable city ordinances.

F. Special Multiple-Family Residential Development Standards.

1. In the R10, R15, R20 and R30 districts, buildings exceeding one story in height shall maintain a minimum building setback of fifty (50) feet from any single-family district. Any single-story building within the R10, R15, R20 or R30 district shall maintain a minimum setback of twenty (20) feet from any single-family district.

2. In any residential district, front yard setbacks in subdivision developments may be reduced by twenty (20) percent provided the mean of all such setbacks in the development is not less than the minimum required for the district.

3. In all residential districts, air conditioners, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that noise levels do not exceed sixty (60) dBA (Ldn) at the property line. Additionally, such equipment, including roof-mounted installation, shall be screened from surrounding properties and streets and shall not be located in the required front yard or street side yard. All equipment shall be installed and operated in accordance with other applicable city ordinances.

4. In the RS10, R10, R15, R20 and R30 districts, developments of five or more dwelling units shall include front and street side yard landscaping and shall consist predominantly of plant materials, except for necessary walks, drives and fences.

5. In the RS10, R10, R15, R20 and R30 districts, a minimum of thirty-five (35) percent of the net site area, exclusive of private patio and yard areas, shall be landscaped. Turf shall not exceed fifty (50) percent of this area. Required setback areas and outdoor recreation areas may be counted toward this minimum. Landscaping shall consist predominately of plant materials to include water efficient native plants, except for necessary walks and fences.

Landscape areas shall be designed to promote water retention and allow runoff from impervious surfaces. Hardscape areas are recommended to be constructed with pervious surfaces where feasible to reduce run off.

6. Where a multiple-family project abuts property in a single-family district, a decorative masonry wall at least six feet in height and screening landscaping within a planter of at least five-foot interior width shall be erected and maintained between such uses and the single-family district.

Decorative walls composed of block, brick, stone, stucco-treated masonry or concrete panels are acceptable. The community development director may approve alternative materials, provided that the materials are decorative and comparable to masonry walls or concrete panels in durability and ability to attenuate light and sound.

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7. Parking for each use shall comply with the requirements of Chapter 9.11 of this title.

8. In the R30 District, Landscape Trees. One tree per twenty (20) linear feet of building dimension for the portions of building visible from parking lot or ROW and one tree per twenty (20) linear feet of perimeter planter areas.

9. In the R30 district, for a development of three acres or greater, up to sixty (60) percent of the units may be in buildings with three or four stories, fifty (50) feet maximum height subject to planning commission approval.

Table 9.03.040-8
Designation Minimum Density* Maximum Density
R10 8 units/acre 10 units/acre
R15 12 units/acre 15 units/acre
R20 16 units/acre 20 units/acre
R30 24 units/acre 30 units/acre
* Eighty (80) percent of allowable density must be achieved by all multiple-family residential developments.

G. General Multiple-Family Guidelines.

1. Opposing garages or carports should be turned to avoid the monotony of alley-like parking corridors.

2. Parking areas should be staggered and landscaped to add visual interest, and opportunities for accent treatments.

3. Parking spaces within multifamily areas shall be located within two hundred fifty (250) feet of the dwellings they serve.

4. Multifamily parking lots shall be limited to two double aisles of cars to help reduce expanses of paving. Parking lots shall provide openings in curbs to convey surface drainage into landscape areas for water quality, retention and absorption.

5. Open parking areas should be clustered and treated as landscaped plazas and courts.

6. Landscaping shall be used around the perimeter of the lot, as well as within the lot, reducing paved area and providing for a more pedestrian oriented site.

7. No more than four units for a two-story structure should be served by one entry.

8. Each multiple-family unit shall have at least one hundred fifty (150) square feet of private open space per downstairs unit and a minimum of one hundred (100) square feet of private open space per upstairs unit. Private open space may consist of a fenced yard area, patio or balcony. Fenced yards and patios shall have a minimum dimension of at least eight feet.

Balconies shall be at least five feet deep.

9. Common open space at a minimum of three hundred (300) square feet per each residential dwelling in the project is required.

10. Individual units should have a porch or porch-like space at the front door.

11. Trash enclosures shall be located to provide a maximum walking distance of two hundred fifty (250) feet from the units they serve.

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12. Trash enclosures shall include solid roofs and be designed to be compatible with the project’s architecture.

13. Trash enclosures shall not be located on dead end drive aisles, unless adequate turnaround is provided for collection vehicles.

14. There shall be at least one double-bin trash enclosure for every forty-eight (48) residential units.

15. Mail boxes should be located at various places on the site and treated to match the building’s architecture, avoiding the institutional and monumental “gang box” appearance, while conforming to post office guidelines.

16. Drive aisles should be curved and should incorporate landscaping and paving treatments to reduce vehicle speed. Landscaping treatments may include pinched planters and a mix of canopy and vertical trees. Paving treatments may include interlocking paver bands or etchings across drives.

Speed bumps or Botts’ dots are not an acceptable alternative.

17. Freestanding structures, like gazebos or pergolas, should be located to define activity areas at pathway intersections or in secluded landscape areas.

18. Drive aisles shall be at least twenty-four (24) feet wide for two-way traffic and shall be at least twenty (20) feet wide for one-way traffic.

19. Buffer setbacks and landscaping shall be provided along all property lines.

Buffers may also be appropriate within the complex, separating recreational areas from units and limiting lines of sight between balconies and into parking areas.

20. Multiple-family projects warrant special design considerations, including:
a. Intimate, shaded outdoor seating areas;
b. A network of pathways, providing interesting walking experiences; c. Gentle slopes for outdoor pathways and ramps to entry doors and between floors;
d. Convenient and attractive access to transit, including porte cocheres, information kiosks, seating areas and water elements;
e. Security;
f. Direct ambulance access (senior housing projects);
g. Parking close to units;
h. Elevators (senior housing projects).

21. Multifamily units shall be clustered to minimize grading and to help maintain the natural landscape.

22. Multifamily projects shall be designed for the needs of the intended residents. For example, children’s needs would require open space, tot lots, handrails, and enclosed yards on ground floor units. Disabled or elderly needs would require ramps, parking close to units, minimum and gradual elevation changes and elevators.

23. Architectural features should be used to increase privacy from nearby units and common or public spaces.

24. Roof forms should be mixed and combined to vary the perception of building height, to differentiate units and to add interest to building mass. The long, straight roofline of a single gable is not permitted.

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25. A diagram of the complex showing the location of the viewer and the building designations shall be positioned at each visitor entrance of a multiple-family development.

26. Buildings shall provide for a variety of colors and architectural features to break up the massing of buildings and provide visual interest.

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9.03.055 Density bonus program for green building and energy efficiency.

A. Purpose and Intent. The purpose of this section is to provide an incentive for residential housing units that are constructed to green building standards that exceed the requirements of the city’s building code, which is a greenhouse gas reduction measure included in the city’s Energy Efficiency and Climate Action Strategy.

B. Applicability. Developers of multifamily residential housing dwelling units in the R10, R15, R20, R30, MUN, MUC, MUI, H-OC, COMU, DC, and SP204-Village Residential zone on sites of at least one acre minimum.

C. Incentive. Developers may request a density bonus of five percent above the calculated number of units for qualified projects.

D. Energy Efficiency Requirements. A project must meet the applicability requirement in subsection B. For projects that meet the applicability requirement, the developer may request the incentive in subsection C if the project complies with the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) certification criteria for LEED “Certified” level or higher, or an equivalent green building rating system as approved by the community development director. LEED Certified level represents the minimum level of certification under the USGBC Leadership Energy and Environmental Design rating system, and shall be consistent with the USGBC published criteria on the date the project application to the city is deemed complete.

E. Implementation.

1. The total number of dwelling units allowed under a density bonus shall be calculated by multiplying the maximum density allowed under the applicable zoning designation (i.e., the maximum density listed in Table 9.03.040-6 of this title or the applicable specific plan designation), and multiplying the result by 1.05, for a five percent density bonus. If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below one-half. Calculations containing fractions of one-half or above shall be rounded up.

2. This density bonus shall not be cumulative with any other density bonus program included in this section.

3. The development standards for density bonus projects shall be those of the applicable zoning classification.

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9.03.070 Streamlined Ministerial Approval Process (Senate Bill 35) A. Purpose and Intent. This section is adopted pursuant to the provisions of Senate Bill 35 (SB 35), to the extent permissible by law, to establish a streamlined ministerial review and public oversight process for the final review and approval of SB 35 applications pursuant to the requirements in California Government Code Section 65913.4. SB 35 has been designed to help address the state’s continuing housing crisis.

B. Applicability. This section establishes clear eligibility criteria to establish a streamlined ministerial review and public oversight process for the Planning Commission’s final review and approval of SB 35 applications pursuant to the requirements in California Government Code Section 65913.4.

C. Qualifying Requirements.

1. A developer may submit an application for a development that is subject to the streamlined, ministerial approval process provided by SB 35 and not subject to a conditional use permit or any other discretionary local government review or approval.

2. The project must be a multifamily housing development project, as defined in California Government Code Section 65589.5 that contains at least two residential units and complies with the minimum and maximum residential density range permitted for the site per the Land Use and Community Character Element of the MoVal 2040General Plan, plus any applicable density bonus.

3. Affordability Requirement. If more than 10 residential units are proposed, at least 10 percent of the project's total units must be dedicated as affordable to households making below 80 percent of the County of Riverside median income. If the project will contain subsidized units, the applicant has recorded, or is required by law to record, a land use restriction for the following minimum durations, as applicable:
a. 55 years for rental units.
b. 45 years for homeownership units
The development proponent shall commit to record a covenant or restriction dedicating the required minimum percentage of units to below-market housing before issuing the first building permit.

4. The project must be located on a legal parcel or parcels within the incorporated City limits. At least 75 percent of the site's perimeter must adjoin parcels developed with urban uses.

5. The project must be located on a site that is either zoned or has a General Plan designation for residential or residential mixed-use development, including sites where residential uses are permitted as conditional use. If the multiple-family housing development is mixed-use, at least two-thirds of the project's square footage must be designated for residential use.

6. The project must meet all objective zoning and design review standards in effect at the time the application is submitted.

If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards.

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Any density bonus, concessions, incentives, or waivers of development standards or reduction of parking standards requested under Chapter

9.03.050 (Density bonus program for affordable housing) are deemed consistent with objective standards.

7. Prevailing Wages: If the development is not in its entirety a public work, as defined in Government Code Section 65913.4 (a)(8)(A), all construction workers employed in the execution of the development must be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.

8. Skilled and Trained Workforce provisions: A skilled and trained workforce, as defined in Government Code Section 65913.4 (a)(8)(B)iii, must complete the development if the project consists of 50 or more units.

9. The development did not or does not involve a subdivision of a parcel that is subject to the California Subdivision Map Act unless the development either (i) receives a low-income housing tax credit and is subject to the requirement that prevailing wages be paid, or (ii) is subject to the requirements to pay prevailing wages and to use a skilled and trained workforce.

10. The development must be located on a property that is not within a coastal zone, prime farmland, wetlands, a high fire hazard severity zone, hazardous waste site, a delineated earthquake fault zone, a flood plain, a floodway, a community conservation plan area, a habitat for protected species, or under a conservation easement.

11. The project does not demolish any housing units that tenants have occupied in the last 10 years; are subject to any form of rent or price control, or are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.

12. The project does not demolish a historic structure that has been placed on a national, state, or local historic register.

D. Application and Processing.

Development projects submitted pursuant to California Government Code Section 65913.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, as such procedures may be amended from time to time and as further outlined in this Chapter.

1. The development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent (NOI) shall be in the form of an SB 35 Preliminary Application that includes all of the information described in Section 65941.1.

2. Upon receipt of a NOI, the Community Development Director shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development as required by Section 65913.4(b), as may be amended from time to time.

3. After completing the NOI to submit an application for streamlined ministerial approval process (also referred to as SB 35 processing) and Tribal A.7.a
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Consultation process pursuant to Government Code Section 65913.4, Subsection (b), an applicant may submit an application for streamlined ministerial approval processing to the City. The applicant must submit a building permit application and an SB 35 streamlined ministerial approval process application demonstrating the proposed project’s eligibility under California Government Code Section 65913.4. Once an application is submitted, the process set forth in Subsections E-H, below, shall be followed.

E. Community Development Director Determinations.

1. The Community Development Director shall review the application submitted hereunder and determine if the project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

The Community Development Director’s review of the project shall be completed within 60 days of application submittal for projects of 150 or fewer units and 90 days for projects consisting of more than 150 units.

2. If the City provides written comments as to any conflicts in the objective standards, or requests additional information to make such a determination, then the 60- or 90-day timeline will restart upon submittal of a revised development application in response to such written notice. The City’s written comments shall specify the standard or standards with which the development conflicts and shall provide an explanation for the reason or reasons the development conflicts with that standard or standards within the timeframe specified.

3. If the application can be brought into compliance with minor changes to the proposal, the City, in lieu of making detailed findings, will allow the applicant to correct any deficiencies within the timeframes noted in Subsection E.2 above.

4. If the City fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the City’s objective planning standards and shall be deemed consistent.

5. The Community Development Director’s determination shall be forwarded to the City’s Planning Commission consideration as part of the ministerial design review/public oversight process as provided for in Subsection F below, under California Government Code Section 65913.4(d).

F. Planning Commission Ministerial Design Review/Public Oversight The Planning Commission, at a noticed public meeting, shall undertake ministerial design review and public oversight as provided for in California Government Code Section 65913.4(d). Planning Commission review shall include a review of the Community Development Director’s determination as outlined in Subsection E above. Furthermore, the Planning Commission’s review under this process shall be objective and strictly focused on the project’s compliance with the criteria required for a streamlined project pursuant to the California Government Code Section 65913.4 and consistency with City reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable A.7.a
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to the project, which have been adopted prior to the submittal of the application to the City and apply to other developments within the City.

The Planning Commission’s review and a final determination on whether an application complies with the criteria under California Government Code Section 65913.4 and the reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal.

The Planning Commission’s ministerial review and public oversight process shall not in any way inhibit, chill, or preclude the ministerial approval of the project if it is in compliance with criteria specified in Government Code Section 65913.4 and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

G. Submission of Application and Payment of Fees.

Development projects submitted pursuant to California Government Code Section 65913.4 must include a copy of the City’s City SB 35 Checklist Application as well as required documents for a Plot Plan application. Payment of application fees are due at time of submittal.

H. Public Hearing.

The public hearing on an application hereunder shall be scheduled within the time frames provided for in Subsection F above.

I. Modification.

An applicant can request modification of approval after ministerial review and approval but prior to issuance of a final building permit pursuant to California Government Code Section 65914.3, Subsection (g). If the modification request falls within the parameters in Section 65913.4, Subsection (g), (3) (A) or (B) 1, then such modification shall be subject to review pursuant to Subsections E-H above.

Otherwise, the modification shall be reviewed by the Community Development Director to confirm compliance with California Government Code Section 65913.4.

J. Parking. A qualifying SB 35 project is required to provide one parking space per residential unit. Furthermore, the City shall not impose any parking requirements for qualifying projects if any of the following instances are present:
a. The development is located within one-half mile of the Transit. b. The development is located within an architecturally and historically significant historic district.
c. When on-street parking permits are required but not offered to the development's occupants.
d. When there is a car share vehicle located within one block of the development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development.

Mixed-use projects must provide parking for the commercial component of the development as required by Chapter 9.11.040 (Off-street parking requirements).

K. The expiration dates for projects approved under SB 35 are as follows [Govt Code §65913.4(f)(2)]:

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1. No expiration: Projects where 50% of the units are affordable to households making below 80% of the area median income (below moderate-income levels) and the project includes public investment in housing affordability beyond tax credits.

2. After three years: Projects not including affordable housing are noted in the bullet above. Projects shall remain valid for three years and stay in effect as long as construction has begun and not ceased for more than 180 days. A one-year extension to the original three-year period may be granted if progress is made toward construction.

L. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Application” means a submission requesting Streamlined Ministerial Approval pursuant to Government Code section 65913.4 and the Guidelines, which contain information pursuant to Section 300(b) describing the development’s compliance with the criteria outlined in Article IV of the Guidelines. “Guidelines” shall mean the Updated Streamlined Ministerial Approval Process issued by the California Department of Housing and Community Development, as updated March 30, 2021, and as may be updated in the future. “Ministerial processing” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.
“Ministerial approval” means approval of a project that complies with requirements and guidelines as set forth in Government Code Section 65913.4 that is nondiscretionary and cannot require a conditional use permit or other discretionary local government review or approval.
“Objective zoning standard”, “objective subdivision standard”, and “objective design review standard” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application. “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered adjoined.

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9.03.080 Streamlined Ministerial Approval Process (Senate Bills 330 and 8) A. Purpose and Intent. This section is adopted pursuant to the provisions of Senate Bill 330 (SB 330), Housing Crisis Act of 2019 (HCA), and Senate Bill (SB 8), which is an extension of the HCA. The HCA aims to increase residential unit development, protect existing housing inventory, and expedite permit processing.

B. Applicability. This section establishes clear eligibility criteria to establish a streamlined review and approval of SB 330 applications pursuant to the requirements in California Government Code Sections 65589.5, 65905.5, 65913.10, 65940, 65941.1, 65943, 65950, 66300 , and 66301.

C. Qualifying Requirements.

1. The project must be a housing development project, as defined in California Government Code Section 65589.5(h)(2)(B). Specifically, pursuant to Government Code Section 65589.5(h)(2)(B) a project is a housing development project if:
a. Residential projects, excluding hotels, assisted living or other commercial dwelling units. Single-family, ADUs and/or JADUs are excluded from dwelling unit count;
b. Mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage of the project designated for residential use (not including hotels, assisted living or other commercial dwelling units); or
c. The project is a transitional or supportive housing development project.

2. The HCA does not apply to housing development projects located within a very high fire hazard severity zone.

3. The project must meet all objective zoning and design review standards in effect at the time the application is submitted.

If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards.

Any density bonus, concessions, incentives, or waivers of development standards or reduction of parking standards requested under Chapter

9.03.050 (Density bonus program for affordable housing) are deemed consistent with objective standards.

4. The City may not approve a housing development project that requires the demolition or removal of a protected unit before January 1, 2030, unless the project will replace any existing, demolished or removed protected units. “Protected Units” are defined as:
a. Affordable units deed-restricted to households earning below 80 percent of area median income (AMI).
b. Occupied by low-income households earning below 80 percent of AMI.
c. Units vacated under the Ellis Act within 10 years prior to development application.

D. Application and Processing.

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit E

1. Project applicants choosing to seek vesting rights through a SB 330 Preliminary Application are encouraged to schedule a preliminary project discussion with Planning Division staff to assess eligibility before submitting a Preliminary Application for the SB 330 review process.

2. The SB 330 Preliminary Application must be filed with the Planning Division prior to filing a project application requesting approval of any discretionary action.

3. In order for a housing development project to receive initial vesting rights, a preliminary application must include all of the information required on the SB 330 Preliminary Application consistent with subdivision (a) of California Government Code Section 65941.1 and upon verification that the preliminary application processing fee is paid.

4. The SB 330 Preliminary Application shall be accompanied by any maps and supporting documents, including a site plan, floor plans, elevations, exterior material details and colors, and any other drawings that are required by this application.

5. A subsequent project application filed with the Planning Division requesting approval of a discretionary action (not including ministerial administrative reviews) must be filed within 180 days of the date that the SB 330 Preliminary Application is deemed complete.

6. If the project application is deemed incomplete or inconsistent after filing, the City shall provide the applicant in writing with a detailed explanation of the reason within 30 days (if 150 units or fewer) or 60 days (if 151 units or more). The applicant must submit all missing or incomplete items to Planning Division within 90 days of being notified in writing by Planning Division staff. If the project is again determined to be incomplete, the project applicant may appeal. The City has 60 days to respond to appeal.

7. Construction of the project must commence within two and one-half years following the date that the project receives final approval, including all necessary approvals to be eligible to apply for, and obtain a building permit or permits and all appeal periods or statutes of limitations have been exhausted or resolved in favor of the housing development project.

8. Any change in the residential unit count is limited to less than 20 percent exclusive of any increase resulting from the receipt of a density bonus, concession, waiver, or similar provision-indicated on the submitted and deemed complete SB 330 Preliminary Application, otherwise the project must be resubmitted.

9. Any change in the Building Area is limited to less than 20 percent exclusive of any increase resulting from receiving a density bonus, concession, waiver, or similar provision indicated on the submitted and deemedcomplete SB 330 Preliminary Application, otherwise the project must be resubmitted.

10. If the project submitted for a building permit differs substantially from the original submission (more than 20 percent in unit count or square footage), the Planning Division will re-certify the project for eligibility and re-review A.7.a
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit E
the project’s design, restarting the timeline and requiring resubmittal of the SB 330 Preliminary Application.

E. Public Hearings
SB 330 prevents jurisdictions from conducting more than five public hearings in connection with the approval of a housing development project that meets objective zoning standards. The definition of “hearing” found in California Government Code section 65905.5 includes required Planning Commission, City Council, or other board, committee, or commission hearing or public workshop as well as any appeal hearing.

Meetings held solely pursuant to CEQA law, including CEQA appeals, are not counted toward the number of hearings.

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005)

9.05.040 Industrial site development standards.

A. General Requirements.

1. The following table sets forth minimum property development standards for all land, buildings and structures constructed within the specified industrial districts. All sites shall conform to the dimensions set forth in this section. A development or center may, however, be a combination of many parcels totaling at least the required site size, but its design must be integrated and unified.

2. In addition, projects must comply with the special requirements enumerated in subsection B, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies and programs.

Table 9.05.040-8
Industrial Site Development
Minimum Standards
Requirement BP/LI1 BPX I
Minimum site area (in acres) 1 1 5
Minimum site width (in feet) 200 200 300
Minimum site depth (in feet) 200 200 300
Minimum front building setback area (in feet) 20 20 20
Minimum interior side building setback area (in feet)* *(see note below)
*(see note
below) —
Minimum street side building setback area (in feet) 20 20 20 Minimum rear building setback area (in feet)* *(see note below)
*(see note
below) —

1. See Special Site Development Standards Section 9.05.040(B)(9) for unique separation requirements for structures greater than 50,000 square feet in building area. * Structures shall be constructed on the property line or a minimum of three feet from the property line.

B. Special Site Development Standards.

1. When any industrial district abuts a property in any residential district, a minimum building setback equal to the building height, but not less than twenty (20) feet shall be required from such residential district. Further, the ten (10) feet of such setback nearest the district boundary line shall be landscaped.

2. Where off-street parking areas in industrial districts are visible from any street, screening in the form of a landscaped earthen berm, shrubs, or decorative wall three feet in height shall be erected between the required landscape area and the parking area.

3. In all industrial districts, required front building setback areas shall be landscaped. The landscaping shall consist predominantly of plant materials except for necessary walks and drives.

4. Except as otherwise permitted, a street side building setback area in any industrial district shall be used only for landscaping, pedestrian walkways, driveways or off-street parking. Where off-street parking in any industrial district is located within building setback areas, a minimum landscaped area ten (10) feet in depth shall be provided between the property line and Exhibit F
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) parking area, with an additional minimum landscaped area ten (10) feet in depth required between the parking area and the building.

5. Except as otherwise permitted, required rear and interior side building setback areas in any industrial district shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities.

6. Parking for each use shall comply with the requirements of Chapter 9.11 and this title.

7. The land uses planned for each development shall be specified on the approved site plans. No use shall be established unless the development where it is located has adequate parking facilities to accommodate such use and any planned uses that share parking facilities with such use.

8. In the BP, LI and I districts, the retail sales of goods produced or warehoused in connection with a manufacturing, assembly or warehouse use may be conducted, provided that no more than fifteen (15) percent of the gross floor area of the space occupied by such use is devoted to retail sales. Any merchandise storage or display areas to which the public has access shall be considered as committed to the percentage of building area used for retail purposes.

9. In the LI district, industrial and warehouse structures greater than fifty thousand (50,000) square feet in building area shall be separated from any residential district as determined by an air quality and noise impact analysis.

The minimum separation distance for such uses shall be two hundred fifty (250) feet between the residential district and the truck court or loading area.

10. The parcelization of a business complex for marketing, financing or other purpose shall not establish separate privileges with respect to the maximum percentage of floor area specified in this section with respect to the BPX district.

11. Industrial buildings larger than 50,000 square feet shall be designed and constructed to meet the equivalent level of LEED Silver.

12. Industrial buildings with more than 30 required Truck Parking stalls shall provide a minimum of 10% of all required truck parking stalls with appropriately sized conduit(s) for future truck charging facilities.

13. Industrial Building Signage
a. All signage required under this Section must be posted in English and Spanish and must be permanent, durable, weather-proof, and legible.
b. Signs and drive aisle pavement markings shall clearly identify the onsite circulation pattern to minimize unnecessary on-site vehicular travel.
c. Signs shall be installed at all truck exit driveways directing truck drivers to the truck route as indicated in the Truck Routing Plan and State Highway System.

14. Roofing.
a. All building roofs shall be solar-ready, which includes designing and constructing buildings in a manner that facilitates the maximum Exhibit F
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) installation of a rooftop solar photovoltaic (PV) system after the building has been constructed.

15. Warehouse electrical rooms shall be sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building, or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.

Exhibit F
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G

9.14.100 Land division dedications, improvements, fees and reservations.

A. Dedications.

1. All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final land division map. No utility easement or other rights-of-way shall be granted within proposed street dedication subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the tract boundary must be processed by separate instruments.

2. Whenever a minor arterial or higher classification is designated on the circulation element of the general plan of the city for Moreno Valley as requiring an ultimate right-of-way of eighty-eight (88) feet or greater and such highway either adjoins or crosses a proposed land division, access rights may be required to be offered for dedication to the city or otherwise restricted. The note “ACCESS RESTRICTED” shall be shown along the highway frontages on the final land division map, as provided herein.

Access rights shall be restricted except for limited access openings as approved by the city engineer. However, the location of access opening(s) to commercially zoned property may be postponed to the development stage as approved by the city engineer.

B. Land Division Improvements.

1. Improvements installed in land divisions shall be constructed in conformance with city standards.

2. In the absence of a standard for an improvement, the city engineer may establish a standard in keeping with good construction and engineering practices.

3. When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross-gutters shall be installed.

4. Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.

5. The street pattern in the land development shall not land lock adjacent property or preclude access to public land.

6. When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.

7. When an existing underground utility or pipeline crosses a proposed land division or an access to a land division, the land divider shall adequately protect the utility or pipeline as directed by the utility owner as part of the conditional approval of the land division.

8. Projects which are located in high fire hazard areas shall require special fire mitigation measures. These fire mitigation measures shall be as per city ordinance.

C. Improvements Plans Required.

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G

1. All improvements constructed or installed in a land division shall be in accordance with detailed plans and specifications as approved in writing by the city engineer prior to commencement of such improvement work.

2. All plans shall be submitted to the city engineer and shall be approved by him before submitting a final land division map to the city council. Upon approval of such plans, they shall become the property of the city.

3. All improvements constructed or installed in land divisions shall be in accordance with plans and specifications as approved by the city engineer.

4. Contractors shall secure an encroachment permit for all work done in connection with land division projects within city right-of-way and Riverside County flood control right-of-way prior to commencing such work.

5. The improvement plans shall show the location of all existing improvements, gas and any other service facilities.

6. Improvements proposed or required on state highway right-of-way shall be located in the improvement plans and designed to Department of Transportation standards. Prior to approval by the city engineer, the land divider’s engineer shall obtain the Department of Transportation’s approval for such improvements.

D. Improvement for Subdivision. The minimum improvements which a land divider shall install, or enter into an agreement to install, for subdivisions shall be as hereinafter set forth in Schedule “A,” “B,” “C,” and “D” for tentative map subdivisions and in Schedule “E,” “F,” “G,” “H” and “I” for parcel map divisions.

1. Exemptions:

The City Engineer may determine an exemption is appropriate if the improvement is infeasible or:
a. If there is insufficient real property to construct full-width improvements and the project developer cannot acquire the requisite real property from the applicable property owner(s) after making a good faith effort, and if the project involves a subdivision, then the City will either obtain said property or this requirement shall be waived by the City Engineer pursuant to the provisions of the Subdivision Map Act.
b. If there is insufficient real property to construct full-width improvement and the project developer cannot acquire the requisite real property from the applicable property owner(s) after making a good faith effort, and if the project does not involve a subdivision, then the City Engineer may waive the full-width improvement requirement.

2. If the full-width improvements are located on a street that are subject to improvement via development impact fees, the developer may receive Development Impact Fee credits for improvements in accordance with Chapters 3.38 (Residential Development Impact Fees) and 3.42 (Commercial and Industrial Development Impact Fees) and any applicable City Policies.

E. Schedule “A” Subdivision. Any division of land into five or more parcels, where any parcel is less than eighteen thousand (18,000) square feet in net area, shall be A.7.a
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
defined as a Schedule “A” subdivision. The minimum improvements for a Schedule “A” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eighty-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Street. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
k. Access Road. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width streets shall be one-half of the required improvements plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
q. Barricades shall be placed at the end of dead-end streets in accordance with city standards;
r. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with city standards.

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G

2. Domestic Water. The minimum requirements for domestic water supply and distribution system are as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards); and
b. Piped water systems.

3. Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours duration at a minimum of twenty (20) PSI operating pressure from each fire hydrant;
c. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site; and d. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in applicable city ordinance or ordinances.

4. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required by this chapter; and
c. Dry sewer may be required as set forth in Section 9.14.120 when subsurface sewage disposal is approved.

5. Fences. Minimum fencing requirements shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

6. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provision of Section 9.14.130.

F. Schedule “B” Subdivision. Any division of land into five or more parcels, where any parcel is not less than eighteen thousand (18,000) square feet in net area up to two acres in gross area, shall be defined as a Schedule “B” subdivision. The minimum improvements for a Schedule “B” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eighty-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Streets. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
k. Access Roads. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width street shall be one-half of the required improvement, plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
q. Barricades shall be placed at end of dead-end streets in conformance with city standards.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards);
b. Piped water systems.

3. Fire Protection Systems. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

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a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. Approved fire hydrants shall be located on all city streets, and spaced as approved by Moreno Valley fire services;
c. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours at a minimum of twenty (20) PSI operating pressure from each fire hydrant; d. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site; and e. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in applicable city ordinances.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet the Riverside County health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required by this chapter; and
c. Dry sewer may be required as set forth in this chapter when subsurface sewage disposal is approved.

5. Fences. Minimum fencing requirement shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

G. Schedule “C” Subdivision. Any division of land into five or more parcels where any parcel is not less than two acres in gross area up to five acres in gross area. The minimum improvement of Schedule “C” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. All streets shall be thirty-two (32) feet in width, improved with asphalt concrete and paving, designed and constructed in conformance with city standards, unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land division.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. No water system required. If a water system is installed, the requirements shall be as follows:
i. Water Supply. Water shall be provided to meet the
requirements as set forth in the California Administrative A.7.a
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
Code, Title 22, Chapter 16 (California Waterworks
Standards). Improvement plan review shall be as required by this chapter;
ii. Piped water systems.
b. If no water system is installed, the following statement shall be placed on each map sheet of the environmental constraints sheet, in letters not less than one-fourth inch high:

NO WATER SYSTEM IS PROVIDED FOR THE LAND DIVISION AS
OF THE DATE OF RECORDATION OF THIS MAP.

3. Fire Protection. If a water system is installed, the minimum requirement for fire protection facilities in single-family residential zones shall be as approved by the fire chief as follows:
a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. Approved fire hydrants shall be located on all city streets and spaced as approved by Moreno Valley fire services;
c. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours duration at a minimum of twenty (20) PSI operating pressure from each fire hydrant; and

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. No sewage disposal collection system is required; and b. The land divider will be required to provide the Riverside County health department with a sewage disposal feasibility report in conformance with health department and the regional water quality control board standards.

5. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows:
a. No electrical and communication facilities are required; and b. If installed, they shall be installed in conformance with the provisions of Section 9.14.130.

H. Schedule “D” Subdivision. Any division of land into five or more parcels, where any parcel is not less than 5 acres in gross area up to twenty (20) acres in gross area, shall be defined as a Schedule “D” subdivision. The minimum improvements of a Schedule “D” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. a. If the streets are not to be accepted for maintenance by the city, all streets shall be improved with twenty-four (24) feet of suitable aggregate base, four inches thick, on a forty-foot graded roadway section. Vertical grades and horizontal alignments shall be held to an acceptable tolerance as determined by the city engineer; b. If the streets are to be accepted for maintenance by the city, the improvements shall be the same as those required for Schedule “C” subdivisions;
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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
c. Access road shall be a minimum eighteen-foot wide graded roadbed section engineered to a profile and alignment as approved by the city engineer, which provides access to a paved and maintained street or highway.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. No Water System Required. If a water system is installed, the requirements shall be as follows:
i. Water Supply. Water shall be provided to meet the
requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks
Standards). Improvement plan review shall be as required by this chapter;
ii. Piped water systems.
b. If no water system is installed, the following statement shall be placed on each map sheet of the recorded land division map, in letters no less than one-fourth inch high:

NO WATER SYSTEM IS PROVIDED FOR THE LAND DIVISION AS
OF THE DATE OF RECORDATION OF THIS MAP.

3. Fire Protection.
a. If a water system is installed, the minimum requirements for fire protection facilities in single-family residential zones shall be as approved by the fire chief or as follows:
i. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours
duration at a minimum of twenty (20) PSI operating pressure from each fire hydrant; and
ii. Approved fire hydrants shall be located on all city streets and spaced as approved by the fire prevention bureau.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. No sewage disposal collection system is required; or b. The land divider will be required to provide the health department with a sewage disposal feasibility report in conformance with the Riverside County health department and the regional water quality control board standards.

I. Improvements for Parcel Map Divisions.

1. The minimum improvements which a land divider shall install, or enter into an agreement to install, for parcel map divisions shall be as hereinafter set forth in Schedule “E,” “F,” “G,” “H” and “I”.

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Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
J. Schedule “E” Parcel Map Division. Any division of land into two or more parcels in commercial or industrial zones, regardless of parcel size shall be described as a Schedule “E” parcel map division. The minimum improvements for a Schedule “E” parcel map division shall be as follows:

2. Domestic Water. The minimum requirements for domestic water supply and distribution system is as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by this chapter; and
b. Piped water systems.

3. Fire Protection. The minimum fire protection requirements shall be as provided in applicable city ordinances.

4. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required in this chapter;
c. Dry sewer may be required as set forth in Section 9.14.120 when subsurface sewage disposal is approved.

5. Fences. Minimum requirement for fencing shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

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6. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Section 9.14.130.

K. Schedule “F” Parcel Map Division. Any division of land into four or less parcels, where any parcel is less than eighteen thousand (18,000) square feet in net area, shall be defined as a Schedule “F” parcel map division. The minimum improvements for a Schedule “F” parcel map division shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eight-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Streets. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, design and constructed in conformance with city standards;
k. Access Roads. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width streets shall be one-half of the required improvement, plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
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Packet Pg. 101 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
q. Barricades shall be placed at end of dead-end streets in conformance with city standards.

3. Fire Protection Systems. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. Approved fire hydrants shall be located on all city streets and spaced as approved by the fire prevention bureau;
c. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours at a minimum of twenty (20) PSI operating pressure from each fire hydrant; d. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site; and e. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in city standards.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet the Riverside County health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required by this chapter; and
c. Dry sewer may be required as set forth in Section 9.14.120 when subsurface sewage disposal is approved.

L. Schedule “G” Parcel Map Division. Any division of land into four or less parcels, where any parcel is not less than eighteen thousand (18,000) square feet in net area up to one acre in gross area, shall be defined as a Schedule “G” parcel map A.7.a
Packet Pg. 102 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
division. The minimum improvements for Schedule “G” parcel map division shall be as follows:

1. Street. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eighty-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Streets. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
k. Access Roads. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width streets shall be one-half of the required improvement, plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
q. Barricades shall be placed at end of dead-end streets in conformance with city standards.

A.7.a
Packet Pg. 103 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
i. Water Supply. Water shall be provided to meet the
requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks
Standards). Improvement plan review shall be as required by this chapter; and
ii. Piped water systems.
b. If no water system is installed, the following statement shall be placed on each map sheet of the environmental constraints sheet, in letters no less than one-fourth inch high:

NO WATER SUPPLY IS PROVIDED FOR THE LAND DIVISION AS
OF THE DATE OF RECORDATION OF THIS MAP.

3. Fire Protection. The minimum improvements for fire protection shall be as required by the city fire prevention bureau and applicable city ordinances.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. No sewage disposal collection system is required; however, the land divider may be required to provide the Riverside County health department with a sewage disposal feasibility report in conformance with health department and regional water quality control board standards.
b. Construct a dry sewer system as approved by the city engineer.

5. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows:
a. No electrical and communication facilities are required; and b. If installed, they shall be installed in conformity with the provision of Section 9.14.130.

M. Schedule “H” Parcel Map Division. Any division of land into four or less parcels, where all parcels are not less than one acre in gross area, shall be defined as a Schedule “H” parcel map division. The minimum improvements for a Schedule “H” parcel map division shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets shall be as follows:
a. If the streets are not to be accepted for maintenance by the city, all streets shall be improved with twenty-four (24) feet in width of fourinch thick base material (minimum R of 60, minimum sand equivalent of 20) on a thirty-two-foot minimum graded roadway section, unless difficult topography dictates a lesser graded section no less than eighteen (18) feet in width. Vertical grades and horizontal alignment shall be shown on an improvement plan detailing the construction requirement for grading and drainage as approved by the city engineer.
b. If the streets are to be accepted for maintenance by the city, the improvement shall be as follows:
i. All streets except as noted in subsection (M)(1)(b)(ii) of this section shall be not less than thirty-two (32) feet in width, A.7.a
Packet Pg. 104 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
improved with asphalt concrete paving, designed and
constructed in conformance with city standards, unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land
divisions; and
ii. Noncirculatory streets located in an area where the geography will not sustain parcels of lesser size may have the streets section reduced to twenty-eight (28) feet in width. The street shall be improved with asphalt concrete paving,
designed and constructed in conformance with city standards. c. Improvements required on general plan streets, collector or greater, shall be at the same level as exists, or for which improvements have been bonded on a contiguous parcel of land.
d. Access roads shall be a minimum eighteen-foot wide graded roadbed section designed and constructed to a profile and alignment as approved by the city engineer which provides access to a paved and maintained street or highway.

2. Other Improvements. Domestic water, fire protection facilities and electrical and communication facilities shall be as necessary per applicable city ordinances.

3. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows: no sewage disposal collection system is required; however, the land divider may be required to provide the health department with a sewage disposal feasibility report in conformance with health department and regional water quality control board standards.

4. Agricultural Lands. The following agricultural lands shall be exempt from all improvement requirements specified within this section:
a. Lands lying within an established agricultural preserve formed pursuant to the Williamson Act;
b. Lands (parcels) zoned AG and identified in the general plan as agriculture and not less than five acres in size.

5. Exceptions. For the purpose of this section, any parcel map division located in its entirety within a community services district, the following exception shall apply:

Whenever in this title reference is made to any street design, standard, minimum improvements, maintenance, access, or dedication thereof, the adopted street standards of the city shall apply in meeting any street requirements for land division approval, provided the city engineer has previously approved such standards. The land divider shall submit to the city engineer a street construction permit issued by the city approving the proposed street construction.

N. Schedule “I” Parcel Map Division. Any division of land, where all parcels are not less than twenty (20) acres in gross area, shall be defined as a Schedule “I” parcel map division. The land divider may be required to provide soil percolation tests in conformity with city requirements and the regional water quality control board. No A.7.a
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improvements are required on a Schedule “I” parcel map division, subject to the condition that an adequate circulation system is retained or replaced. If replaced, unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width.

O. Drainage Fees.

1. This section is adopted pursuant to Sections 66483 et seq., of the Government Code which provides for the payment of fees for the construction of drainage facilities as a condition to the division of land.

2. Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.

3. Each area drainage plan as adopted, pursuant to the provision of Government Code Sections 66483 et seq., shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan, and include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the city shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The city shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the land for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities within the drainage area apportioned uniformly on a per acre basis.

4. Drainage fees shall be paid at the time of the filing of the final map or parcel map, or as a condition of the waiver of the filing of a parcel map; provided, however, at the option of the land divider the fee may be paid, in pro rata amounts, at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If the land divider elects to have payment made at the time of issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels, the amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If the land divider elects to have payment made at the time of issuance of a grading or building permit, the recorded final map or parcel map or certificate of compliance evidencing the waiver of the filing of a parcel map shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or A.7.a
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building permit for the parcels that have been created by the land divider.

In addition, a separate instrument shall be recorded by the land divider in the office of the county recorder of Riverside County, at the time of the filing of the final map or parcel map, which gives notices that the drainage fee is required to be paid by any person owning such parcels prior to issuance of a grading or building permit, if a grading permit is not required.

5. If the drainage fee is paid at the time of filing of the final map or parcel map or certificate of compliance evidencing the waiver of the parcel map, it shall be paid to the Riverside County flood control district. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the Riverside County flood control district. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the Riverside County flood control and water conservation district. A separate fund shall be established by the district for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including acquisition of right-of-way necessary for construction, of the drainage facilities serving the drainage areas for which the fees are collected, or to reimburse the district for the cost of engineering and administrative services to design and construct and acquire any necessary right-of-way for the facilities.

6. Under the direction of the city engineer, considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

7. Money may be advanced by the Riverside County flood control and water conservation district to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the district from the fund for the local drainage area in which the facilities are located.

8. When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the Riverside County flood control and water conservation district whereby the developer may advance money for the construction of facilities, or design or construct facilities within a local drainage area; provided that the sole security to the developer for repayment of money or other consideration advanced shall be for the amount agreed upon in advance only and shall not include interest or other charges. This agreement shall expire fifteen (15) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

9. The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the county board of supervisors at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities.

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P. Interchange and Bridge Construction Fees.

1. This section is adopted pursuant to Section 66484 of the Government Code which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges and interchanges as identified in the circulation element of the general plan and as a condition of approval of a final map or as a condition of issuing a building permit.

2. Whenever land that is proposed to be divided or for which a building permit is sought lies within the boundaries of an area of benefit, as hereinafter defined and established, a fee in the amount specified by the resolution establishing the area of benefit as adopted or thereafter amended, shall be required as a condition of approval and recordation of any final subdivision or parcel map or for the issuance of a building permit. No property shall be assessed a fee under this section for both a final map and a building permit.

3. Setting the Matter For Public Hearing. The city council may, by resolution, set a public hearing at any time to determine whether an area of benefit is to be established and to designate the bridge and interchange(s) from fees collected from owners of real property within such area of benefit. The city clerk shall notify all owners of real property within the proposed boundaries of the area of benefit, as shown by the last equalized assessment roll of the county, of the time and place of the hearing at least twenty-one (21) days prior to the date of the hearing, by U.S. mail, postage prepaid, and by publication once in a newspaper of general circulation published in the city.

Such notice shall contain information setting forth the proposed boundaries of the area of benefit, identifying the interchange(s) and/or bridge(s) to be constructed and the estimated cost of each, and setting forth the proposed method for equitably apportioning the fee amount to property owners.

4. Public Hearing and Protest. At the public hearing the city council will consider the preliminary plan prepared by the city engineer that outlines the area to be included within the area of benefit, designates those bridge(s) and/or major interchange(s) to be constructed, the cost estimate with regard to each improvement, and the method of apportioning fees within the area of benefit. The city council will also consider testimony from interested persons, written protest and all relevant evidence submitted. All protests are to be in writing and may be filed with the city clerk at any time period or the close of the public hearing. Each protest may be filed by a person or entity owning property within the proposed boundaries of the proposed area of benefit and describe the property with sufficient specificity that the parcel may be identified. If the person or entity filing the protest is not shown on the latest equalized assessment roll as the owner of the parcel, the protest may contain or be accompanied by documentary evidence establishing ownership. A protest may be withdrawn in writing at any time prior to the conclusion of the public hearing. If written protests are filed with the city clerk from persons or entities owning more than fifty (50) percent of the land area to be included within the proposed area of benefit and, by the conclusion of the public hearing, a sufficient number of such protests have not been withdrawn so as to reduce the land area whose owners are A.7.a
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protesting to less than fifty (50) percent, then all proceedings with regard to the area of benefit shall be abandoned and the city council shall not, for one year from the date of the hearing, commence or carry on any proceeding for the same improvement or area of benefit under the provisions of this section. If any majority protest is directed against only a portion of the designated improvement, then all further proceedings under the provisions of this section to construct that portion of the designated improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the designated improvements or acquisition so protested against.

The city council may, within a one-year period following a majority protest, commence new proceedings for the construction of the portion of the designated improvements so protested against, if it finds by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the property to be benefitted are in favor of going forward with such portion of the designated improvements.

5. Establishment of Areas of Benefit. The city council, by resolution, within a reasonable time after the close of public hearing, may establish the area of benefit. Such resolution shall set forth the boundaries of the area of benefit, specify the designated improvements to be constructed, the cost, actual or estimated, for each of the designated improvements, and establish the fee schedule by which such cost is to be equitably apportioned among the parcels comprising the area of benefit. The decision of the city council represented by such resolution shall be final. A certified copy of such resolution shall be recorded in the office of the county recorder. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the designated improvement except where the abutting property is provided direct usable access to the adjoining thoroughfare. The resolution establishing an area of benefit, may be amended from time to time by the city council to reflect modification in either the facilities to be constructed or the area to be included within the area of benefit due to alternation in land use and to reflect adjustments in the fee schedule necessitated by any amendment or increase in construction costs.

Such amendments shall be adopted in the same manner as the original resolution. If the area of benefit includes lands not subject to the payment of fees, the city council shall make provisions for payment of the fees that would otherwise be chargeable to such lands from other sources. The designation of such alternative funding need not be addressed in the resolution establishing the area of benefit.

6. Payment of Fees.
a. Interchange improvement fees for areas of benefit shall be paid as follows:
i. Interchange improvement fees shall be paid to the city engineer prior to the recordation of a final subdivision or parcel map. If the recordation of a final parcel map is waived, road improvement fees shall be paid as a condition of the waiver A.7.a
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prior to recordation of a certificate of compliance evidencing the waiver of the final parcel map. The fees paid shall be based on the fee schedule in effect on date of payment; ii. At the option of the land divider, upon filing a required affidavit requesting deferment of the payment of fees, the road
improvement fees shall be paid to the city engineer prior to issuance of a building permit for each approved parcel; however, should a building permit have been obtained or construction initiated by the land divider prior to the recordation of the final subdivision or parcel map or the receipt of a waiver to record a final parcel map, this option is not available to the land divider; and
iii. For any parcel or lot created prior to the adoption of the resolution establishing the area of benefit, road improvement fees shall be paid to the city engineer prior to the issuance of a building permit for any new construction on such parcel or lot that creates additional dwelling units or increases the value of nonresidential structures by more than one-half of their current market value, as determined by the community
development director. All fees collected shall be deposited in a separate account designated for each area of benefit. Any fees once collected shall not be returned, except as
reimbursement for the construction of designated
improvements. Road improvement fees which are deferred to the time of issuance of a building permit shall be based upon the fee schedule in effect at the time of issuance of the permit. b. Nothing in this section is intended to relieve a subdivision or application for a building permit from the requirements imposed under other provision of this title or other city ordinances to dedicate and improve roads as a condition of approval of a tentative map or building permit.
c. Notwithstanding the provisions of subsection (P)(6) of this section, payment of fees shall not be required for the following:
i. An application for a building permit for the alteration or enlargement of any existing building or structure, or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, however, that the total value, as determined by the community development director; of all such alterations, enlargement or construction which is complete within any one-year period shall not exceed one-half of the current market value of the land, as determined by the community development director; or
ii. The following accessory buildings and structures: private garages, children’s playhouses, radio and television receiving
antennas, windmills, silos, tank houses, shops or barns or A.7.a
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buildings that are accessory to one-family or two-family dwellings; or
iii. Outdoor advertising structures; or
iv. Wells.
d. Notwithstanding the provision of subsection (P)(6) of this section, payment of fees shall not be required unless the designated interchange(s) are in addition to, or a reconstruction of any existing interchange(s) serving the area of benefit at the time of the adoption of the boundaries for the area of benefit.
e. Notwithstanding the provisions of subsection (P)(6) of this section, payment of fees shall not be required unless the designated bridge is an original bridge serving the area or an addition to any existing bridge facility serving the area of benefit. Fees imposed by this subsection shall not be expended to reimburse the cost of existing bridge facility construction.

7. Use of Funds.
a. Fees shall be deposited in a designated bridge or interchange fund.

A separate fund shall be established for each designated bridge or interchange project, provided, however if the area of benefit is one in which more than one bridge or interchange is required to be constructed, a fund may be established covering all of the bridge or interchange projects in the area of benefit. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement. b. The city may advance money from its general fund or road fund to pay the cost of constructing the designated bridge or interchange(s) and may reimburse the general fund or road fund for such advances from the bridge or interchange funds established pursuant to this section.
c. The city may incur an interest bearing indebtedness for the construction of a designated bridge or an interchange planned pursuant to this section; provided, that the sole security for repayment of such indebtedness shall be money in the specific fund established for that designated bridge or interchange.
d. At the discretion of the city council, considerations such as dedication of right-of-way, actual construction or design work by a civil engineer, may be accepted in lieu of the payment of fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.
e. When required to implement the construction of a specific facility, a project agreement shall be entered into between a developer and the city whereby the developer may advance money for the construction of a facility, or design or construct a facility within the area of benefit; provided, that the sole security to the developer for repayment of A.7.a
Packet Pg. 111 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
money or other consideration advanced over and above his fair share shall be money subsequently accruing to the fund that has been established for the specific facility. Reimbursement shall be for the amount agreed upon in advance only and the right to reimbursement shall expire fifteen (15) years after the agreement was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

8. Amendments. The resolution establishing an area of benefit may be amended by the city council as to boundaries of the area of benefit, the designation of facilities to be constructed or the estimated cost thereof, or any other aspect thereof, by following the same procedure required to establish an area of benefit.

Q. Park and Recreation Fees and Dedications.

1. This section is adopted pursuant to Section 66477 of the Government Code which provides for the dedication of land for park and recreational facilities as a condition of approval of a tentative map or parcel map.

2. Whenever land that is proposed to be divided for residential use lies within the boundaries of the city, the dedication of land may be required as a condition of approval of the division of land, as herein provided. The city shall have the option of requiring dedication of land for park purposes as a condition of approval of subdivisions of fifty (50) parcels or more. Such dedication shall be in lieu of park land impact mitigation fees.

3. It is found and determined by the city council that the public interest, convenience, health, welfare and safety requires that five acres of land for each one thousand (1,000) persons residing within the city shall be devoted to neighborhood and community park and recreational facilities, based upon the determination by the city council that the amount of existing neighborhood and community park areas, as calculated pursuant to Government Code Section 66477, exceeds the limit set forth therein, and the calculated amount of five acres per one thousand (1,000) persons residing within a subdivision subject to this section is established. No credit shall be given to a subdivider for provision of private open space, private parks, private recreational areas, landscaped setbacks or landscaped road dividers within or adjacent to the proposed subdivision.

4. Exemptions. This section shall not apply to the following land divisions:
a. Commercial or industrial;
b. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and as to which no new dwelling units have been added by the subdivision;
c. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years after recordation of the A.7.a
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subdivision map, the park land impact mitigation fees shall be required to be paid by the owner of each parcel as a condition to issuance of such permit.

5. Dedication Requirements of Subdividers.
a. Whenever a tentative tract map which is subject to the provisions of this section is submitted to the community development director, it shall be accompanied by a written statement from the applicant stating whether it is intended to dedicate land for park and recreational purposes. If the developer desires to dedicate land for this purpose, he shall first consult with the community development director and parks and recreation director as to the appropriate area to be dedicated, and such area shall be shown on the proposed tentative tract map as submitted. All dedications must be approved and accepted by the city council.
b. The conditions of approval of a tentative tract map subject to the provisions of this section shall require the dedication of land for park and recreational purposes. If land is to be dedicated, the proposed dedication shall be shown on the approved tentative map. c. The amount and location of property to be dedicated shall be recommended by the parks and recreation director and determined by the city council.
d. All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the city by grant deed free and clear of all encumbrances, except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. All deeds shall be delivered to the city before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map is approved, the deeds shall be recorded by the city at the time the final map is recorded. No deed for the dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by and at the expense of the subdivider, in an amount equal to the value of the land dedicated.
e. Whenever land has been conveyed to the city and a final map is not recorded, or, if recorded, the land is thereafter reverted to acreage, the city shall, at its option, either reconvey all land dedicated to it, allow the developer a credit for any land dedicated to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.

6. Determination of Land Dedication. When the conditions of approval for a land division require the dedication of land, the conditions shall be based on the following:
a. The natural features of the area; available access; the location, size and shape of the subdivision; the location, size and shape of the land available for dedication; the feasibility of dedication; the location of A.7.a
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existing and proposed park sites and trailways; and the compatibility of dedication with the city general plan;
b. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay park land impact mitigation fees for the value of any additional land that otherwise would have been required to be dedicated; c. The amount and location of the land to be dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision; d. The amount of land to be dedicated shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of dwelling units of the subdivision by the average number of persons per unit by the ratio which the number of acres of park land required for each one thousand (1,000) persons bears to one thousand (1,000) (i.e., .005).

The average number of persons per unit shall be the most recent such average established by the Department of Finance of the state of California;
e. Whenever land is dedicated pursuant to this section, the subdivider shall, without credit and without cost to the city, provide the following for the benefit of the land dedicated:
i. Full street improvements and utility connections, including, but not limited to, curbs, gutters, relocation or undergrounding of existing public utility facilities, street paving, traffic control devices, street trees and sidewalks to the dedicated land; ii. Block wall fencing along the property lines of the subdivision which are contiguous to the park;
iii. Improve the drainage through the park site;
iv. Provide minimal physical improvements, not including recreational facilities, building or equipment, which the parks and recreation director determines are necessary for
acceptance of the land for park and recreational purposes; v. Provide access from the park and recreational facilities to an existing or proposed public street, unless the parks and recreation director determines that such access is
unnecessary for maintenance of the park area or use of the park by the residents of the area;
vi. Grading and drainage improvements, and irrigation and planting improvements, as required under applicable city ordinances. All land to be dedicated and improvements to be made shall be approved by the city prior to the approval or disapproval of a subdivision by the city;
vii. All grading plans for land to be dedicated shall be reviewed and approved by the parks and recreation director for
conformance with the city parks and recreation plan and the needs of the city;
A.7.a
Packet Pg. 114 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit G
viii. No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated; however, park and recreational improvements to a dedicated park land shall be a credit against the required dedication.
f. Land which has been dedicated and accepted may be sold by the city if the subdivider has not begun substantial construction on the subdivision within two years after recordation of the final map and the city determines that another site would be more suitable for park or recreational facilities. The proceeds from the sale of the dedicated land must be used for the purpose or improvement of the more suitable site.

A.7.a
Packet Pg. 115 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Exhibit H
Article IV. Applications for Hillside Development Permit

9.16.170 Generally.

Hillside development can offer opportunities for spectacular views from building sites around the valley’s perimeter. It is important, however, to ensure that all are protected when designing hillside building sites. The guidelines in this section apply to the hillside areas illustrated in the general plan and official zoning atlas. Applicant’s compliance with this chapter shall be reviewed during the planning application review process for any entitlements subject to this chapter. No separate planning application or fee is required for hillside development projects.

A.7.a
Packet Pg. 116 Attachment: Ordinance No. 1005 (6479 : SECOND READING AND ADOPTION OF ORDINANCE NO. 1005) Report to City Council
ID#6470 Page 1
TO: Mayor and City Council
FROM: Launa Jimenez, Chief Financial Officer
AGENDA DATE: December 19, 2023
TITLE: RECEIVE THE ANNUAL AB1600 COMPLIANCE REPORT
FOR FISCAL YEAR 2022-23

RECOMMENDED ACTION
Recommendations:

1. Receive and file the Annual AB 1600 Compliance Report for FY 2022-23 in compliance with California Government Code sections 66006 and 66001.

2. Approve the finding that staff has demonstrated a continuing need to hold unexpended Development Impact Fees.

SUMMARY
Government Code Section 66006 requires cities that impose impact fees to render an annual accounting of the fees and to provide findings that support the retention of any fees that have been held in excess of five years and remain unexpended or have not been committed to projects. The City has no Development Impact Fees (DIF) that are unexpended and uncommitted for a period of five years or more.

Government Code Section 66001 requires cities that impose impact fees must make certain findings described in section 66001(d)(1) every five years as a component of the annual report.

The information included in this staff report is provided to comply with State law.

DISCUSSION
Government Code Section 66006 requires cities imposing impact fees to undertake an annual accounting of such fees and that the accounting be made available for public review. The accounting must provide the beginning and ending balances for the fiscal A.8
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year, receipts, disbursements, interest earned and any other income that was received.

The report must also include a description of how the fees were expended during the past year. If fees are unexpended, whether committed or uncommitted for a period of five or more years, the report must include a finding regarding the continuing need for the fees. If a continuing need cannot be shown, State law requires that the City refund the unused, uncommitted fees. The City’s report contains no such instances of Development Impact Fees that remain unexpended and uncommitted.

The attached Annual AB 1600 Compliance Report is for the fiscal year ended June 30, 2023, and has been prepared in compliance with the California Government Code Section 66006 regarding the annual accounting for impact fees.

This report does not include any findings that require the return of unexpended or uncommitted DIF fees. This report does make a finding for continuing to hold previously collected development impact fees since all funds collected and held by the City as of June 30, 2023, within each of the 13 respective Development Impact Fee funds, have been designated for specific capital projects, consistent with the Development Impact Fee Study Final Report approved by the City Council on February 15, 2022, and the Capital Improvement Plan approved by the City Council on June 6, 2023.

Government Code Section 66001(d)(1) requires that at least every five years certain findings be made with respect to each impact fee being assessed. The following information is provided to satisfy the four requirements of this code section:
(A) Identify the purpose to which the fee is to be put – The purpose of the development impact fee program is to ensure that new development is paying its share of the transportation infrastructure and facility costs associated with the growth resulting from that development. The program includes projects related to Arterial Street Improvements, Traffic Signal Improvements, Fire Facilities, Police Facilities, Park Improvements, Recreation Centers, Libraries, City Hall, Corporate Yard, Interchange Improvements, Maintenance Equipment, Animal Shelter Facilities, Workforce Development, Public Art and Impact Fee Administration. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged – The fees are based on the relationship between the needed infrastructure and facility costs associated with the growth resulting from new development.
(C) Identify all sources and amounts of funding anticipated for incomplete improvements – Facilities to be funded from development impact fees are also funded by other sources including gas tax, Measure A, General Fund, and grant funding. The specific funding sources utilized for each project depend on funds availability at the time a project is moved forward.
(D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund – The receipt of funding and the construction of improvements is dependent upon when undeveloped A.8
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land remaining in the City is developed. Facilities constructed utilizing development impact fee funding are constructed when all required funding is available and the City Engineer has determined that it is appropriate for the project to move forward.

ALTERNATIVES
The following alternatives are available to the City Council:

1. Approve and accept the Annual AB 1600 Compliance Report for FY 2022/23 in compliance with California Government Code Section 66006 and approve the finding that staff has demonstrated a continuing need to hold unexpended Development Impact Fees. Staff recommends this alternative to comply with the reporting requirements of the California Government Code.

2. Approve and accept the Annual AB 1600 Compliance Report for FY 2022/23 in compliance with California Government Code Section 66006 but reject the finding that staff has demonstrated a continuing need to hold unexpended Development Impact Fees. Staff does not recommend this alternative in that this action could result in the need to refund unexpended fees such that projects and debt service intended to be funded through these fees would be left without a funding source.

FISCAL IMPACT
There is no fiscal impact resulting from the recommended action; the information included in the staff report is provided to comply with State law.

NOTIFICATION
Publication of the agenda. The Annual AB 1600 Compliance Report for FY 2022/23 has been made available for public review in the City Clerk’s Office.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Kimberly Ganimian Launa Jimenez
Deputy Finance Director Chief Financial Officer/City
Treasurer

CITY COUNCIL STRATEGIC PRIORITIES
A.8
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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. Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023

APPROVALS
Budget Officer Approval ✓ Approved . 12/11/23 1:08 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/11/23 1:17 PM
A.8
Packet Pg. 120
City of Moreno Valley
Annual AB 1600
Compliance Report
For the Fiscal Year Ended
June 30, 2023
A.8.a
Packet Pg. 121 Attachment: Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023 [Revision 1] (6470 : RECEIVE THE ANNUAL AB 1600 Fund Number / Fund Name
Beginning Fund Balance
July 1, 2022 Receipts Disbursements Transfers In Interest Earnings * Ending Fund Balance
June 30, 2023
2901
Arterial Streets
Development Impact Fee
2902
Traffic Signal
Development Impact Fee
2903
Fire Facility
Development Impact Fee
2904
Police Facility
Development Impact Fee
2905
Parkland Facilities
Development Impact Fee
2907
Recreation Center
Development Impact Fee
2908
Libraries
Development Impact Fee
2909
City Hall
Development Impact Fee
2910
Corporate Yard
Development Impact Fee
2911
Interchange Improvements
Development Impact Fee
2912
Maintenance Equipment
Development Impact Fee
2913
Animal Shelter
Development Impact Fee
2914
Administration
Development Impact Fee
2915
Workforce Development
Development Impact Fee
2916
Public Art
Development Impact Fee
$ 4,511,027.68
* Interest Earnings include the GASB 31 required recognition of gain/loss on investments to market value as of Fiscal Year End. $ 2,560,792.43 $ (1,059,115.00) $ 63,977.48
$ (600,000.00) $ 2,425,159.05
$ -
$ - $ 2,227,360.14
$ -
$ -
$ 23,279.00
$ 7,135,797.59
$ 525,449.39
$ 137,349.88 $ (585,325.00) $ 2,287,181.69
$ (642,235.00)
$ 102,177.49 $ 5,338,797.73
$ 301,931.48
$ - $ (5,456,673.58)
$ 236,847.00 $ 82,669.77
$ (241,362.00)
$ 1,678,631.75
$ 4,979,666.32 $ 498,315.92
$ 226,726.72
$ (5,140,849.08)
$ 87,209.04
$ -
$ -
$ (375,000.00) $ -
$ -
$ (400,000.00) $ 2,680,590.83
$ 1,017,932.63
$ 62,332.95
$ (1,100,000.00) $ 77,517.55
$ 21,697.35
$ 5,471,415.43
$ 24,323.64
$ -
$ - $ 1,332,374.20
$ 15,779.93
$ 1,372,278.86
$ 266,168.01
$ 326,410.50
$ 1,692,977.93
$ 866,174.46 $ 135,978.24 $ -
$ 1,231,248.10 $ 76,802.46
The reservation of Fund Balance and disbursement information for each of the above funds is as follows:
$ - $ 87,209.04 $ -
$ 30,354.31
$ 875,586.07
$ 2,415,640.04
$ 479,680.34 $ 167,160.17 $ (50,000.00) $ -
$ 15,334.04
$ -
$ 5,136,571.12 $ -
City of Moreno Valley
Annual AB1600 Compliance Report
For the Fiscal Year Ended June 30, 2023
$ 366,343.04
$ -
$ 2,696,658.09
Pursuant to Government Code Section 66006, the following report on the receipt, use and retention of development impact fees for fiscal year ended June 30, 2023 is hereby presented to the City Council for review and approval. $ 108,117.59
$ 1,059,115.00
$ -
$ 596,840.51
$ - $ 7,458.23 $ - $ - $ - $ 7,458.23
$ -
$ -
$ -
$ -

Page 2 of 7 ends

A.8.a
Packet Pg. 122 Attachment: Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023 [Revision 1] (6470 : RECEIVE THE ANNUAL AB 1600 Disbursements:
% Funded by
Impact Fees
Debt Service – 2013 Refunding Lease Revenue Bonds Current Year $ 629,973.00 100% Debt Service – 2014 Refunding Lease Revenue Bonds Current Year $ 429,142.00 100% $ 1,059,115.00
Existing Debt Service and Future Arterial Streets Development $ 7,135,797.59 None
None
Disbursements:
% Funded by
Impact Fees
$ -
$ -
$ 2,227,360.14
None
None
Disbursements:
% Funded by
Impact Fees
Debt Service – 2013 Refunding Lease Revenue Bonds $ 143,623.00 100% Debt Service – 2014 Refunding Lease Revenue Bonds $ 97,739.00 100% $ 241,362.00
$ 5,338,797.73
None
None
Disbursements:
% Funded by
Impact Fees
Debt Service – 2013 Refunding Lease Revenue Bonds $ 382,846.00 100% Debt Service – 2014 Refunding Lease Revenue Bonds $ 259,389.00 100% $ 642,235.00
$ (5,456,673.58)
None
None
Disbursements:
% Funded by
Impact Fees
807 0053 $ 585,325.00 100%
$ 585,325.00
$ 2,287,181.69
None
None
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund Balance Designations:

Future Fire Facility
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Victoriano Lighting Project
Unreserved Fund Balance
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund Balance Designations:

Future Traffic Signal Development
Fund 2902 - Traffic Signal Development Impact Fee
No Disbursements
Future Police Facility
Fund 2904 - Police Facility Development Impact Fee
Fund Balance Designations:

Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 2903 - Fire Facility Development Impact Fees
Fund Balance Designations:

Funds unexpended or uncommitted for five years or more
Future Parkland Facility
Fund Balance Designations:

Fund 2901 - Arterial Streets Development Impact Fee
Fund 2905 - Parkland Facilities Development Impact Fee

Page 3 of 7 ends

A.8.a
Packet Pg. 123 Attachment: Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023 [Revision 1] (6470 : RECEIVE THE ANNUAL AB 1600 Disbursements:
% Funded by
Impact Fees
Senior Center Expansion 803 0057 $ 1,100,000.00 25%
$ 1,100,000.00
$ 77,517.55
None
None
Disbursements:
% Funded by
Impact Fees
$ -
$ -
$ 5,471,415.43
None
None
Disbursements:
% Funded by
Impact Fees
$ -
$ -
$ 1,017,932.63
None
None
Disbursements:
% Funded by
Impact Fees
Corporate Yard Office Remodel 803 0055 $ 600,000.00 100% $ 600,000.00
$ 2,425,159.05
None
None
Disbursements:
% Funded by
Impact Fees
SR-60/Moreno Beach IC Phase 2 801 0021 $ 400,000.00 2%
$ 400,000.00
$ 2,680,590.83
None
Funds unexpended or uncommitted for five years or more None Funds unexpended or uncommitted for five years or more
Fund Balance Designations:

Future Interchange Improvements
Unreserved Fund Balance
Fund 2911 - Interchange Improvements
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 2909 - City Hall Development Impact Fee
Future Corporate Yard
Unreserved Fund Balance
Fund 2910 - Corporate Yard Development Impact Fee
Future City Hall
Fund Balance Designations:

Fund Balance Designations:

No Disbursements
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund Balance Designations:

Future Libraries
Fund 2908 - Libraries Development Impact Fee
Funds unexpended or uncommitted for five years or more
Fund 2907- Recreation Center Development Impact Fee
Unreserved Fund Balance
No Disbursements
Fund Balance Designations:

Future Recreation Center

Page 4 of 7 ends

A.8.a
Packet Pg. 124 Attachment: Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023 [Revision 1] (6470 : RECEIVE THE ANNUAL AB 1600 Disbursements:
% Funded by
Impact Fees
$ -
$ -
$ 1,332,374.20
None
None
Disbursements:
% Funded by
Impact Fees
Animal Shelter Expansion 803 0058 $ 375,000.00 81%
$ 375,000.00
$ 21,697.35
None
None
Disbursements:
% Funded by
Impact Fees
$ 50,000.00 100%
$ 50,000.00
$ 596,840.51
None
None
Disbursements:
% Funded by
Impact Fees
$ -
$ -
$ 7,458.23
None
None
Disbursements:
% Funded by
Impact Fees
$ -
$ -
$ 87,209.04
None
None
Fund Balance Designations:

Fund 2913 - Animal Shelter Development Impact Fee
Unreserved Fund Balance
Future Animal Shelter
Fund Balance Designations:

Future Maintenance Equipment
Unreserved Fund Balance
No Disbursements
Funds unexpended or uncommitted for five years or more
Fund 2915 Workforce Development Impact Fee
Funds unexpended or uncommitted for five years or more
Fund 2914 Administration Development Impact Fee
Fund Balance Designations:

Future Public Art Projects
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
No Disbursements
Fund 2916 Public Art Fee
No Disbursements
Fund Balance Designations:

Future Workforce Development Projects
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
DIF Update
Fund Balance Designations:

Future Development Impact Fee Study
Unreserved Fund Balance
Funds unexpended or uncommitted for five years or more
Fund 2912 - Maintenance Equipment Development Impact Fee

Page 5 of 7 ends

A.8.a
Packet Pg. 125 Attachment: Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023 [Revision 1] (6470 : RECEIVE THE ANNUAL AB 1600 Five-Year Reporting Requirements
Government Code Section 66001(d)(1) requires that at least every five years certain findings be made with respect to each impact fee being assessed. The following information is provided to satisfy this requirement:
(A) Identify the purpose to which the fee is to be put – The purpose of the development impact fee program is to ensure that new development is paying its share of the transportation infrastructure and facility costs associated with the growth resulting from that development. The program includes projects related to Arterial Street Improvements, Traffic Signal improvements, Fire Facilities, Police Facilities, Park Improvements, Recreation Centers, Libraries, City Hall, Corporate Yard, Interchange Improvements, Maintenance Equipment, Animal Shelter Facilities and Impact Fee Administration. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged – The fees are based on the relationship between the needed transportation infrastructure and facility costs associated with the growth resulting from new development. (C) Identify all sources and amounts of funding anticipated for incomplete improvements – Facilities to be funded from development impact fees are also funded by other sources including gas tax, Measure A, General Fund, and grant funding. The specific funding sources utilized for each project depend on funds availability at the time a project is moved forward.
(D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund – The receipt of funding and the construction of improvements is dependent upon when undeveloped land remaining in the City is developed. Facilities constructed utilizing development impact fee funding are constructed when all required funding is available and the City Engineer has determined that it is appropriate for the project to move forward.

Page 6 of 7 ends

A.8.a
Packet Pg. 126 Attachment: Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023 [Revision 1] (6470 : RECEIVE THE ANNUAL AB 1600 Single Family
Single Family -
Affordable Multi-family
Multi-family -
Affordable Mobile/Senior
Mobile/Senior
Affordable
Impact Fee Description (DU) (DU) (DU) (DU) (DU) (DU)
Police Facilities $ 760.25 $ 380.13 $ 369.75 $ 184.88 $ 261.75 $ 130.88 Fire Facilities 1,264.25 632.13 467.50 233.75 533.75 266.88 Libraries 487.25 243.63 376.50 188.25 207.00 103.50
Recreation Centers 753.00 376.50 478.00 239.00 343.00 171.50 Arterial Streets 3,533.75 1,766.88 2,508.75 1,254.38 1,325.75 662.88 Traffic Signals 748.00 374.00 534.00 267.00 257.00 128.50 Interchange Improvements 1,725.75 862.88 1,224.25 612.13 662.50 331.25 City Hall 337.00 168.50 152.25 76.13 147.75 73.88
Animal Shelter 77.00 38.50 49.00 24.50 37.00 18.50
Corporate Yard 746.25 373.13 287.75 143.88 317.50 158.75 Maintenance Equipment 214.25 107.13 83.50 41.75 91.75 45.88 Parks - Subdivisions 4,622.75 2,311.38 3,494.25 1,747.13 1,994.00 997.00 Parks - Infill 4,399.25 2,199.63 3,352.00 1,676.00 1,887.00 943.50 Total - Subdivisions $ 15,269.50 $ 7,634.79 $ 10,025.50 $ 5,012.75 $ 6,178.75 $ 3,089.38 Total - Infill $ 15,046.00 $ 7,523.04 $ 9,883.25 $ 4,941.63 $ 6,071.75 $ 3,035.88 Commercial
General
Commercial
Regional Industrial High-Cube Office
Impact Fee Description (KSF) (KSF) (KSF) (KSF) (KSF)
Police Facilities $ 214.00 $ 214.00 $ 104.00 $ 64.00 $ 281.00 Fire Facilities 474.00 474.00 271.00 168.00 461.00
Libraries 10.50 10.50 5.00 3.00 13.75
Recreation Centers 16.00 16.00 8.00 4.75 21.00
Arterial Streets 6,741.25 7,099.25 1,811.75 481.50 3,424.25 Traffic Signals 1,337.00 1,261.75 341.00 97.00 744.00
Interchange Improvements 5,075.00 4,969.25 977.50 258.75 1,827.25 City Hall 91.25 91.25 58.00 36.00 90.00
Animal Shelter - - - - -
Corporate Yard 170.00 170.00 83.00 51.00 210.00
Maintenance Equipment 51.00 51.00 24.00 15.00 60.25
Parks - Subdivisions 159.00 159.00 77.25 48.00 207.75
Parks - Infill 159.00 159.00 77.25 48.00 207.75
Total - Subdivisions $ 14,339.00 $ 14,516.00 $ 3,760.50 $ 1,227.00 $ 7,340.25 Total - Infill $ 14,339.00 $ 14,516.00 $ 3,760.50 $ 1,227.00 $ 7,340.25 City-Wide except MV Ranch and TownGate SP
DU=Dwelling Unit
KSF=1,000 gross square feet of building space
See Planning staff for projects within TownGate Specific Plan (SP200)

RESIDENTIAL IMPACT FEES
City-Wide (Except as otherwise noted)
Development Impact Fee Rate Table

NON-RESIDENTIAL IMPACT FEES
City-Wide (Except as otherwise noted)
DIF Rate Table
A.8.a
Packet Pg. 127 Attachment: Annual AB 1600 Compliance Report Fiscal Year Ended June 30, 2023 [Revision 1] (6470 :

Report to City Council
ID#6477 Page 1
TO: Mayor and City Council
FROM: Jeremy Bubnick, Parks & Community Services Director AGENDA DATE: December 19, 2023
TITLE: AUTHORIZATION TO AWARD AN AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES TO MICHAEL

BAKER INTERNATIONAL FOR THE ENGINEERING

DESIGN AND ENVIRONMENTAL SERVICES FOR THE

PUMP TRACK AND SITE IMPROVEMENTS, PROJECT
NO. 807 0058-3015

RECOMMENDED ACTION
Recommendations:

2. Authorize the Executive Director to execute the Professional Consultant Services Agreement with Michael Baker International, in the amount of $405,780.00; and

SUMMARY
This report recommends approval of an agreement with Michael Baker International to provide engineering design and environmental services for a new Pump Track and Site Improvements as part of Morrison Park Expansion Phase 1 Improvements. This project will include a new asphalt pump track, parking lot, pre-fabricated restroom building, site lighting, site furnishings, and a walking trail. These new park amenities are key to improving the quality of our park system and in providing a foundation for a healthy A.9
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thriving community. The Pump Track Project (807 0058-3015) was previously approved by City Council as part of the Capital Improvement Plan FY 2021/22 & 2022/23, which was carried forward as part of the Capital Improvement Plan FY 2023/24 & 2024/25.

DISCUSSION
A pump track is a circuit of rollers, banked turns and features designed for bike riders using an up and down body movement generating the momentum to move around the track without pedaling or pushing. Pump Tracks are generally used by bikes but can be used by any type of non-motorized wheeled object. The pump track will be designed for multiple skill levels, with a large track for all skill levels and a smaller track for younger or inexperienced riders to develop their skills and confidence. Staff determined the need for the smaller track once neighboring cities shared the feedback from parents that younger riders needed a track for their skill level.

City Staff identified a vacant City lot on the northeast corner of Morrison Street and Cottonwood Avenue as the most suitable location as it is centrally located and also previously identified for future expansion of Morrison Park.

The new park amenities in expanding Morrison Park are consistent with Momentum MoVal, the City Council’s strategic vision for Moreno Valley. The pump track will bring a new and unique recreation experience to Moreno Valley and will be a destination recreation feature for the City.

American Ramp Company is the initial provider of the conceptual design for the pump track only, City Staff identified additional site improvements needed to enhance and complement the new pump track, such as including a new parking lot, a pre-fabricated restroom building, site lighting, site furnishings, and a walking trail connecting to Morrison Park.

On November 7, 2023, staff advertised a Request for Proposals (RFP) to retain a consultant to provide engineering design services for this project. In response to the advertisement, two (2) proposals were received on November 21,2023. The staff selection team evaluated the proposals and ranked the firms as follows:

1. Michael Baker International

2. TKE Engineering, Inc.

Staff recommends the award of a professional consultant design services contract with Michael Baker International as they are deemed to be most qualified firm for completing the requested services. The scope of work for the consultant includes completing the design, construction plans and project bid package, environmental clearance and permitting, and other design related tasks necessary to complete the work.

The anticipated project schedule is as follows:

Begin Design................................................................................................January 2024 Complete Design................................................................................................May 2024 A.9
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Bid Docs............................................................................................................June 2024 RFB for Construction..........................................................................................July 2024 Groundbreaking & Site Improvements Construction Begin ........................... August 2024 Pump Track Construction Begin...............................................................November 2024 Construction End & Ribbon Cutting............................................................February 2025

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as this will allow for the completion of the design, construction plans, and bid package for the Pump Track and Site Improvements Project.

2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative which may delay the design and construction of much needed park amenities for the City.

FISCAL IMPACT
There is no impact to the General Fund. The Pump Track Project (Project no. 807 0058-3015) was approved for funding as part of the Capital Improvement Plan for FY 2021/22 & 2022/23 and included in the Capital Improvement Plan for FY 2023/24 & 2024/25 as well. No additional funding is being requested at this time.

PROJECT BUDGET:

Account: 3015-50-57-80007-720199 (Project No. 807 0058-3015-99) Total Approved Project Budget ………………………………………………..$1,249,400.00 Total FY 23/24 Available Budget ……………………………………………...$1,131,248.75

NOTIFICATION
Publication of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Allen Yun Jeremy Bubnick
Parks Project Manager Parks & Community Services Director Concurred By:

Patty Yhuit
PCS Admin & Financial Services Division Manager

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.

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Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent 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

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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.

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
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.

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

1. Agreement for Services - Michael Baker International - (12.01.23) A.9
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APPROVALS
Budget Officer Approval ✓ Approved . 12/10/23 6:22 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/11/23 11:19 AM
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City of Moreno Valley

AGREEMENT FOR ENGINEERING DESIGN AND ENVIRONMENTAL SERVICES FOR THE PUMP TRACK AND SITE IMPROVEMENTS PROJECT NO. 807 0058
This Agreement is made by and between the Moreno Valley Community Services District, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Michael Baker International, Inc., a CORPORATION, with its principal place of business at 40810 COUNTY CENTER DRIVE, TEMECULA, CA 92591, hereinafter referred to as the “Vendor,” based upon City policies and the following legal citations:

RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent Vendors;
B. Vendor desires to perform and assume responsibility for the provision of professional ENGINEERING DESIGN AND ENVIRONMENTAL contracting services required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing professional ENGINEERING DESIGN AND ENVIRONMENTAL contracting services, is licensed in the State of California, if applicable; C. City desires to engage Vendor to render such services for the ENGINEERING DESIGN AND ENVIRONMENTAL as set forth in this Agreement;
D. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.

TERMS

1. VENDOR INFORMATION:

Vendor’s Name: ___MICHAEL BAKER INTERNATIONAL, INC._______________________ Address: __40810 COUNTY CENTER DRIVE, SUITE 200_______________________ City: __TEMECULA_________________ State: _CA___ Zip: __92591_______ Business Phone: _951-506-2057________ Fax No: ___951-506-2057_________ Other Contact Number: ___N/A_____________________
Business License Number: _________________________
Federal Tax I.D. Number: _________________________
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Packet Pg. 133 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR

2. VENDOR SERVICES, FEES, AND RELEVANT DATES:

A. The Vendor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.

B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.

C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.

D. The term of this Agreement shall be from DECEMBER 19, 2023 to JUNE 30, 2025 unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Vendor’s requests for extensions of time in which to complete the work required. The Vendor shall not be responsible for performance delays caused by others or delays beyond the Vendor’s reasonable control (excluding delays caused by non-performance or unjustified delay by Vendor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Vendor.

3. STANDARD TERMS AND CONDITIONS:

A. Control of Work. Vendor is solely responsible for the content and sequence of the work and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Vendor or his/her/its employees.

B. Intent of Parties. Vendor is, and at all times shall be, an independent Vendor and nothing contained herein shall be construed as making the Vendor or any individual whose compensation for services is paid by the Vendor, an agent or employee of the City, or authorizing the Vendor to create or assume any obligation or liability for or on behalf of the City, or entitling the Vendor to any right, benefit, or privilege applicable to any officer or employee of the City.

C. Subcontracting. Vendor may retain or subcontract for the services of other necessary Vendors with the prior written approval of the City. Payment for such services shall be the responsibility of the Vendor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Vendor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].

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Packet Pg. 134 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR D. Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City.

E. Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project or a threat to the safety of persons or property, shall be promptly removed from the project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows:

WILLIAM POPE.

F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Vendor’s Representative. Vendor hereby designates WILLIAM POPE, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the services under this Agreement.

H. Legal Considerations. The Vendor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with services. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

I. Standard of Care; Performance of Employees. Vendor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the profession A.9.a
Packet Pg. 135 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR necessary to perform the services. Vendor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Vendor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Vendor and shall not be re-employed to perform any of the services or to work on the project.

J. Vendor Indemnification. Vendor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Vendor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Vendor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Vendor shall be fully responsible for such coverage. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.

K. Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

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Packet Pg. 136 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR L. 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, VENDOR 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, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

M. 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 VENDOR as an independent Vendor of City and agents and employees of VENDOR, and not as agents or employees of City. VENDOR 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.

N. CalPERS Retiree Disclosure. VENDOR hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for VENDOR 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 VENDOR 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.

O. 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, VENDOR shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either VENDOR or City files an appeal or court challenge, VENDOR 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.

P. Insurance Requirements. Throughout the life of this AGREEMENT, Vendors shall pay for and maintain in full force and effect all insurance as required.

If at any time during the life of this AGREEMENT or any extension, VENDOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this AGREEMENT shall be discontinued immediately, and all payments due or that become due to VENDOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect A.9.a
Packet Pg. 137 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this AGREEMENT. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

The fact that insurance is obtained by VENDOR shall not be deemed to release or diminish the liability of VENDOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, its principals, officers, agents, employees, persons under the supervision of VENDOR, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

Upon request of CITY, VENDOR shall immediately furnish CITY with a complete copy of any insurance policy and associated documentation required under this AGREEMENT, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this AGREEMENT
Where determined applicable by the CITY, VENDOR will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California.

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 covering on an “occurrence” basis, 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 State of California, California Labor Code and Employer's Liability Insurance, with Statutory Limits, and A.9.a
Packet Pg. 138 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) insurance appropriate to VENDOR'S profession.

Minimum Limits of Insurance:
a. General Liability Insurance. Without limiting the generality of the forgoing, to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the VENDOR, sub-contractor, or any person acting for the VENDOR or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of this AGREEMENT and any extension thereof in the minimum amounts provided below:
• $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
b. Automobile Liability
• $1,000,000 per accident for bodily injury and property damage c. Employer's Liability (Worker's Compensation)
• $1,000,000 each accident for bodily injury
• $1,000,000 disease each employee
• $1,000,000 disease policy limit
d. The Workers' Compensation insurance policy: In such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the VENDOR and the CITY, HA, and CSD against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the VENDOR in the course of carrying out this AGREEMENT. Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: VENDOR and its insurer shall waive any right of subrogation against City of Moreno Valley, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
e. Professional Liability (Errors and Omissions): Limits of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
f. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A,VII and shall be endorsed with the following specific language:

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Packet Pg. 139 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR • The insurer waives all rights of subrogation against the City, its appointed officials, officers, employees or agents.

Other Insurance Provisions: The General Liability, Automobile Liability and Workers Compensation insurance policies are to contain, or be endorsed to contain, the following provisions:
a. 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. b. 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.

All polices 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 the CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, VENDOR shall furnish the 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 the CITY, VENDOR 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 designee.

Verification of Coverage: VENDOR shall furnish CITY with all certificates(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or designee prior to CITY'S execution of this AGREEMENT and before work commences. The following applicable endorsements will be required:

1. Additional Insured endorsement for ongoing operations, completed operations and primary & non-contributory endorsement for general liability coverage

2. Additional Insured endorsement for auto liability coverage

3. Waiver of Subrogation for workers compensation coverage Q. Intellectual Property. Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Vendor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The A.9.a
Packet Pg. 140 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR Vendor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Vendor in performance of this Agreement. The City and the Vendor 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.

R. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.

S. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Vendor. The written notice shall specify the date of termination. Upon receipt of such notice, the Vendor may continue work through the date of termination, provided that no work or 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 Vendor within thirty (30) days after receiving any invoice after the date of termination for all non-objected to services performed by the Vendor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Vendor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.

T. Payment. Payments to the Vendor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The City will not withhold any sums from compensation payable to Vendor. Vendor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Vendor shall maintain adequate records to permit inspection and audit of the Vendor’s time and materials charges under the A.9.a
Packet Pg. 141 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR Agreement. Such records shall be retained by the Vendor for three (3) years following completion of the services under the Agreement.

U. Restrictions on City Employees. The Vendor shall not employ any City employee or official 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.

V. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

W. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Vendor:

MICHAEL BAKER INTERNATIONAL, INC.
40810 COUNTY CENTER DRIVE
TEMECULA, CA 92591
Attn: WILLIAM POPE
City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: JEREMY BUBNICK
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

X. Time of Essence. Time is of the essence for each and every provision of this Agreement.

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Packet Pg. 142 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR Y. City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with this project.

Z. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

AA.Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, such attempted assignment, hypothecation or transfer.

BB. Supplementary General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by VENDOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.

1. VENDOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event VENDOR violates or breaches terms of the Agreement.

2. CITY may terminate the Agreement for cause or for convenience, and VENDOR may terminate the Agreement, as provided the General Conditions.

3. VENDOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by VENDOR.)

4. VENDOR shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.)

5. VENDOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).

6. VENDOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).

7. VENDOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.

8. Patent rights with respect to any discovery or invention which arises or is A.9.a
Packet Pg. 143 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR developed in the course of or under the Agreement shall be retained by the CITY.

9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royaltyfree, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.

10. VENDOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Vendor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

11. VENDOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.

12. VENDOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)

13. VENDOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).

CC. Authority To Execute. The representative executing this Agreement on behalf of each party hereby represents and warrants that he or she has full power and authority to execute this Agreement on behalf of such party and that all approvals and other actions necessary in connection with the effective execution by him or her have been obtained and are in full force and effect as of his or her execution hereof.

SIGNATURE PAGE TO FOLLOW
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Packet Pg. 144 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley MICHAEL BAKER INTERNATIONAL, INC.

BY: BY:

Mike Lee, Executive Director
TITLE: ______
_____________________________________ (President or Vice President) Date
BY: ______

TITLE: ______
(Corporate Secretary)

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney

Date
RECOMMENDED FOR APPROVAL:

Jeremy Bubnick, Parks & Community Services Dir.

Date
12/01/2023
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Packet Pg. 145 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR

EXHIBIT A

VENDOR SCOPE OF SERVICES
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Packet Pg. 146 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR Pump Track and Site Improvements
Project 801 0058, RFP 2023-031
We Make A Difference
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Packet Pg. 147 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR We Make A Difference
November 21, 2023
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552
Re: Proposal for 2023-031, Pump Track and Site Improvements Project 801 0058
The City of Moreno Valley (City) is expanding Morrison Park and incorporating a new asphalt pump track on vacant City property. Michael Baker International, Inc. (Michael Baker) takes immense pride in providing needed services to our local municipalities.

We are excited to provide this scope and fee to provide professional engineering design and environmental services for this project.

The project design will be facilitated under the direction of Mr. William Pope. Mr.

Pope brings 30 years of both public and private experience in development and expansion of infrastructure. Serving as Project Manager, Mr. Chad Adachi, PE, brings 7 years of engineering experience. The team, as identified in the organizational chart, has worked on numerous land development and infrastructure expansion projects throughout the Inland Empire.

Michael Baker will complete the tasks outlined herein for the total fee on the attached Task/Hour breakdown invoiced monthly on a percent complete basis. This proposal will remain valid for a period of 60 days from the date of submittal. We appreciate the opportunity to propose on this project and look forward to supporting the City on this Please contact me at (951) 506-2057 or [email protected] if you have any questions.

Sincerely,

MICHAEL BAKER INTERNATIONAL
Chad Adachi, PE William Pope
Project Manager Associate Vice President / Project Director Table of Contents

1. Executive Summary ................................................................ 2

2. Technical Proposal .................................................................. 3 Project Approach and Understanding..................................... 3 Detailed Work Plan and Deliverables...................................... 3 Quality Assurance / Quality Control...................................... 13 Related Experience................................................................ 13 Resource Allocation Matrix ................................................... 15

3. Proposed Staff/Team ............................................................ 16 Project Team Introduction .................................................... 16 Organization Chart................................................................. 16 Personnel Qualifications Matrix............................................. 17

4. Required Statements ........................................................... 18

5. Required Forms ..................................... Submitted Individually

6. Cost Proposal ........................................ Submitted Individually Appendix.................................................................................. 19 Additions or Exceptions to City’s Request for Proposal ........19 Key Team Resumes....................................................................22

PRIMARY CONTACT

INFORMATION
Firm Name:

Michael Baker International
Address:
40810 County Center Drive
Suite 200,
Temecula, CA 92591
Contact:

Chad Adachi, PE
Phone:
(951) 506-2057
Email:

[email protected]
MBAKERINTL.COM 40810 County Center Drive | Suite 200
Temecula | CA 92591
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Packet Pg. 148 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR RFP #2023-031
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1. EXECUTIVE SUMMARY
Michael Baker International (Michael Baker) offers
clients an integrated team of professionals well
versed in land development engineering. Michael
Baker is also a recognized leader in providing the
practical aspects of operating and maintaining safe and efficient infrastructure for the clients we serve. The firm maintains a professional staff of over 550 employees
located in 11 offices throughout California and over 3,500 employees nationwide.

Within the Inland Empire, Michael Baker has played a
significant role in the development of the expansive land development network for more than two decades. We
have recently or are currently supporting many other
public agencies with similar engineering services, including the cities of Chino Hills, Yucaipa, Eastvale, Claremont, Indian Wells, Palm Desert, Rancho Mirage, and Coachella, Rancho Cucamonga as well as Riverside County
Transportation Department, and San Bernardino County
Public Works. Michael Baker possesses the full range of disciplines necessary to provide turnkey services and
continue to meet City needs. Our understanding of local, county, and state procedures will benefit the City by
ensuring projects are completed on time and within
budget as demonstrated with aforementioned task orders.

Michael Baker works collaboratively with clients,
regulatory agencies, and the public to deliver solutions that reduce congestion and enhance the quality of life for local communities. We accomplish this by assigning strong project and task managers who are excellent leaders and technical experts. We also maintain leadership continuity throughout the life of a project, stay abreast of client objectives through active involvement in the industry, and maintain comprehensive internal leadership and technical training programs.

Michael Baker is a strong, financially secure firm and does not have any bankruptcies, pending litigation, planned
office closures or impending mergers that may impede our ability to complete projects resulting from this solicitation.

Types of Services Offered
• Planning / Environmental
• Civil Engineering
• Traffic / Transportation
• Land Development
• Water Resources
• Survey
• Construction Management / Inspection
Year Founded
1940
Form of Organization
Corporation
Contact
Chad Adachi, PE
Project Manager
951-506-2057
[email protected]
Authorized Signer
William Pope
Associate Vice President
760-776-6131
[email protected]

SOUTHERN CALIFORNIA OFFICES
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2. TECHNICAL PROPOSAL
Project Approach and Understanding
Michael Baker International, Inc. has provided professional engineering design and environmental services to agencies for over 30+ years. Our design services include conceptual, preliminary, and final design plans and estimates for site civil precise grading. These same services will be used for the Pump Track and Site Improvements.

Currently, the proposed location for the asphalt pump track and associated site improvements is a vacant City Lot on the northeast corner of Morrison Street and Cottonwood
Avenue as part of the phase 1 of Morrison Park Expansion.

The asphalt pump track and associated site improvements will include an Asphalt Pump Track (Conceptual design to be provided by City), Commercial Driveway, Parking Lot with 40-50 Parking Spaces, Pre-Fabricated Restroom (4 Stalls Total) with Drinking Fountain, Site Lighting, Site Furnishings, Site Drainage Improvements, and an Asphalt Trail
connecting new site to existing Morrison Park Parking Lot.

Detailed Work Plan and Deliverables
TASK 1 PROJECT KICK-OFF MEETING
Michael Baker’s design team shall meet with City staff
virtually to review the parameters and goals for the pump track design and obtain any data or information that may be needed. Michael Baker will prepare the agenda for the meeting and compile notes of the meeting to document
decisions made.

TASK 2 TOPOGRAPHIC AND MAPPING SURVEY,

GEOTECHNICAL SERVICES, CEQA SERVICES, AND

STORMWATER
Task 2.1 Aerial Topographic Mapping and Record
Data Map Preparation
Michael Baker shall prepare an Aerial Topographic Map of the project site, at a scale of 1"=40', with one-foot contour intervals. The work shall include:
• Preparation of a flight plan and layout of ground
control targets.
• Field surveying services to set ground control panels and survey their precise positions on the appropriate
coordinate system basis.
• Aerial photogrammetric and aero triangulation
services.
• Compilation of planimetric and topographic features
to digital medium.
• Perform field survey check profile observations and
office analysis of said observations to check ground
truth of the compiled map within accepted standards.

In order to include and plot the record position of the project boundary in approximate orientation with a
specific coordinate system, compiled aerial topographic base data or other overlay features, Consultant shall
perform the following tasks:
• Michael Baker shall perform research of the available public records via on-line services to obtain maps and
other items that affect the boundary location of the
property;
• Baker shall prepare a preliminary record data map to
be used by the field survey crew to search for a
sampling of boundary monuments;
• Baker shall perform a field survey of said monuments
in order to establish orientation of the record survey
data in relation to the coordinate system used in the
topographic mapping;
• Baker shall plot the record boundary lines on the aerial base map, with the understanding of the Client that
said record boundary is NOT the result of a
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comprehensive boundary survey and analysis, and
that it’s orientation may disagree from the position
determined by a full boundary survey and analysis;
• The budget for this scope of work is based upon an
assumption that adequate and accessible boundary
monumentation exists in the immediate project
vicinity to control this record data survey.

Any cost associated with the preparation and processing of a Record of Survey Map, if one becomes necessary as a legal requirement, shall be covered by Client.

Task 2.2 Geotechnical Services
Limited Geotechnical Services
For the purpose of design support, Leighton proposed to provide the following subtasks:
• Review available information relative to this project site including published geologic maps and any
provided site-specific geologic reports.
• Site reconnaissance and visual observations of current surface conditions to evaluate any potential localized
settlement and surface distresses.
• Perform 3 to 4 in-situ density tests to evaluate relative compaction of existing surface soils conditions of the
site. In-situ and disturbed soil samples will be
collected during drilling and those samples will be
transported to our laboratory for testing.

Leighton will conduct geotechnical testing on the sampled soils in our laboratory, for soil classification and to evaluate the engineering properties. This testing is anticipated to include 1) in-situ moisture contents and dry densities, 2) maximum dry density and optimum moisture content, 3)
Expansion Index (EI), 4) R-value for pavement design and 5) particle size/sieve analysis, if warranted.

This task will involve engineering review and analysis of the collected data. The results of Leighton’s review will be presented in a geotechnical exploration report that will include all laboratory test results and will be signed and stamped by a California licensed Professional Engineer. A draft report and one review iteration is included in our fee.

Observation and Testing Services During Construction
Proposed scope for observation and testing during
construction will include the following tasks:
• Attendance at a pre-construction onsite meeting, if
requested.
• Field observation and compaction testing performed
by Leighton’s Soil/Field Technician on a part-time
and/or as-needed basis. Leighton anticipates that field observation and compaction testing will be required
for subgrade preparation, aggregate base, and AC
placement.
• Laboratory testing of subgrade soils and aggregate
base for maximum density, as well as asphalt
conformance testing. Leighton assumes no field or lab
testing of concrete.
• Office project management and quality control of field and laboratory testing.
• A final summary compaction report documenting the
earthwork performed based upon the projects plans
and specifications, if needed.

Geotechnical Schedule
Assuming we have unhindered access to the site for our
reconnaissance and exploration, our geotechnical report can be submitted within about 2 to 3 weeks from
completion of fieldwork or 4 to 5 weeks from your NoticeTo-Proceed (NTP). The proposed services outlined above under Limited Geotechnical Services Task will be
performed for a fixed fee. Our services during
construction will be perform on a Time-and-Expense basis.

Additional Services
If additional field or laboratory services are required, these services will be provided in accordance with Leighton’s Amended Professional Fee Schedule. For the purpose of
budget control and time schedule, the following is
assumed:
• No inclement weather or environmental issues are to
preclude drilling.
• This project is subject to the Prevailing Wage Law.
• Field investigation can be performed during normal
weekday daylight-hours and Leighton will have legal
and unhindered access to the site.
• Responding to County/City review comments, if any,
or geotechnical testing and observation during
construction will be performed for extra charges. No
meetings included in this scope or fee.

Task 2.3 CEQA Services
Proposed Scope of Work
Our approach to preparing the California Environmental
Quality Act (CEQA) documentation for the proposed
project is to first and foremost work collaboratively with the City of Moreno Valley to prepare documentation that satisfies CEQA requirements and is legally defensible,
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the City’s needs in terms of schedule and budget by
following an efficient and effective project delivery
process. To accomplish these objectives, our approach is founded on the following principles:
• Conduct a technically adequate, complete, and
defensible environmental analysis.
• Create a reader friendly CEQA document that utilizes
a combination of narrative, tables, and exhibits to help the reader understand the environmental
consequences of the project.
• Establish and achieve a milestone/critical path project schedule.

Based on our understanding of the project, existing
conditions, and previous projects under review by the City, including the MoVal 2040 General Plan Environmental
Impact Report (EIR), the project may qualify for a
Categorical Exemption under CEQA. Our proposed scope
of work includes the preparation of a CEQA Exemption and supporting technical studies as backup documentation to support the necessary discretionary approvals by the City for the proposed development. Should a higher-level
CEQA document be deemed necessary, we would work
with the City to seek a mutually agreeable scope, schedule, and budget augmentation. The Environmental Scope of
Work is described in detail below.

Project Kickoff
After issuance of the Notice to Proceed, Michael Baker will coordinate with the City and project team to obtain all site plans, specifications, existing environmental documents, existing permits, and existing technical reports related to the project and nearby areas. All existing documentation and background materials, including the City’s MoVal 2040 General Plan EIR, will be reviewed by Michael Baker.

Deliverables: Data needs list (electronic)
Notice of Exemption and Backup Documentation
Memorandum
Section 21084 of the Public Resources Code requires the CEQA Guidelines to include a listing of types of projects that are determined not to have a significant effect on the environment and which, therefore, are exempt from CEQA
clearance. Sections 15301 through 15333 of the CEQA
Guidelines describes the 33 classes of projects, also known as Categorical Exemptions. The project could qualify for a CEQA exemption under CEQA Guidelines Section 15332 for
In-Fill Development Projects (Class 32 Exemption). As
defined by CEQA Guidelines Section 15332, Class 32 in-fill development projects are characterized by the following criteria:
• The project is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation
and regulations.
• The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
• The project site has no value as habitat for
endangered, rare, or threatened species.
• Approval of the project would not result in any
significant effects relating to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required
utilities and public services.

Michael Baker will prepare the Notice of Exemption (NOE) form and the Backup Documentation for the NOE which
includes the technical analyses described under Task 3 to support our findings. Two rounds of comment are
assumed as part of this scope of work.

NOE Form: The NOE would include a brief description of
the project, the location of the project, a finding that the project is exempt from CEQA, including a citation to the State Guidelines section(s) or statute(s) under which it is found to be exempt, and a brief statement of reasons to support the finding (with reference to the backup
documentation) pursuant to CEQA Guidelines Section
15062.

Backup Documentation for the NOE: The backup
documentation memorandum for the NOE would include
a description of the project and project background, a
discussion of the CEQA Regulatory Setting and exemption criteria, an Environmental Review to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for a
Categorical Exemption, and Findings and Conclusion.

Michael Baker will provide an administrative draft of the NOE Form and backup documentation memorandum to
the City for review and will discuss any relevant issues or concerns. One administrative draft of the NOE Form and
backup documentation memorandum will be submitted
electronically (in Word format) to the City for review and comment. Michael Baker will make any revisions to the
documents based on comments or suggestions received
from the City. Michael Baker will finalize the NOE Form and backup documentation memorandum and submit to the
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City for approval. Michael Baker assumes the City will file the NOE with the County Clerk or the Office of Planning and Research once the project has been approved.

Pursuant to CEQA Guidelines Section 15062, the filing of the NOE starts a 35-day statute of limitations period on legal challenges to the agency’s decision that the project is exempt from CEQA. If the NOE is not filed, a 180-day
statute of limitations will apply. Additionally, per CEQA Guidelines Section 15300, projects declared to be
categorically exempt are exempt from the provisions of
CEQA; therefore, this document will not be circulated for public review and no public meetings will occur.

Deliverables:
• Administrative Draft NOE Form and backup
documentation memorandum (electronic)
• Draft NOE Form and backup documentation
memorandum, incorporating the City’s comments
(electronic)
• Final NOE Form and backup documentation
memorandum (electronic)
Technical Analyses to Support NOE Backup
Documentation
To ensure the project meets the criteria of CEQA
Guidelines Section 15332 Class 32 Categorical Exemption In-Fill Development Projects, Michael Baker will prepare technical analyses for air quality, greenhouse gas (GHG) emissions, noise, habitat and Multiple Species Habitat
Conservation Plan (MSHCP) consistency, cultural
resources, and vehicle miles traveled (VMT) screening
analysis to appropriately demonstrate that the project
satisfies the exemption criteria that the project would not result in any significant effects relating to traffic, noise, air quality, or has no value as habitat for endangered, rare or threatened species. Based on our understanding of the
project and the applicable CEQA exemptions, we assume
that no other technical analyses will be needed for this project. Should the City require additional technical
analyses, a scope of work and budget augmentation would be required. One round of comment is assumed for the
technical analyses, which would be included in the review of the backup documentation memorandum described in
Task 2.

Subtask: Air Quality and Greenhouse Gas Emissions
Assessment
ECORP Consulting, Inc. (ECORP), as a subconsultant to
Michael Baker, will conduct technical investigations to evaluate the project’s potential impacts related to air quality and GHG emissions. The assessment of air quality and GHG emissions will quantify short-term (i.e.,
construction) and long-term (i.e., operational) emissions generated by the proposed project using the most recent version of the California Emissions Estimator Model
(CalEEMod) software. CalEEMod is a statewide land use
emissions computer model designed to quantify pollutant emissions associated with a variety of land use projects.

Project criteria air pollutant and GHG emissions will be compared to the thresholds of significance promulgated
by the South Coast Air Quality Management District
(SCAQMD), including SCAQMD’s recommended Localized
Significance Thresholds (LSTs). LSTs were developed in
response to SCAQMD Governing Boards' Environmental
Justice Enhancement Initiative (I-4). The project’s
contribution of GHG emissions will also be compared to
the City of Moreno Valley Energy Efficiency and Climate Action Strategy and associated City of Moreno Valley
Greenhouse Gas Analysis, which promulgates GHGreduction measures.

ECORP will document potential air quality and GHG
emission-related impacts in a technical report. The analysis will be supported by modeling documentation, which
would be included as an appendix to the technical report.

Subtask: Noise Analysis
ECORP, as a subconsultant to Michael Baker, will conduct technical investigations to evaluate the project’s potential impacts related to noise. The applicable noise criteria for the project area will be reviewed and discussed for land uses adjacent to and nearby the project site as they will be the basis for the project impact determination and
whether mitigation is necessary. In order to establish the existing ambient noise levels currently experienced at and around the project site, ECORP will conduct up to three (3) short-term (15 minutes) measurements in the project
vicinity.

Construction would occur during implementation of the
proposed project. Noise levels from construction sources will be analyzed using the Federal Highway Administration Roadway Construction Noise Model and based on the
anticipated equipment to be used. In order to evaluate the potential health-related effects (physical damage to the ear) from construction noise, construction noise will be evaluated in terms of hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at the nearby receptors (Valley View High School and residences). In
addition to construction noise, an analysis of vibration A.9.a
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impacts will be prepared based on the California
Department of Transportation’s vibration analysis
guidance.

The evaluation of the project’s contribution to noise
increases over existing conditions will be addressed. The predominate source of onsite noise would include
activities associated with the pump track and standard
parking lot noise. The analysis of onsite noise will rely on the SoundPLAN 3D noise model, which will be used to
calculate the propagation/spread of onsite project noise levels from onsite Project operations. The SoundPLAN 3D noise model predicts noise levels based on the location, noise level, and frequency spectra of the noise sources as well as the geometry and reflective properties of the local terrain, buildings, and barriers. A noise contour graphic will be prepared to depict the noise levels at the surrounding receptors. The modeling results and noise contour
graphics will be discussed and summarized in the analysis.

The project also has the potential to increase off-site traffic noise. According to the 2020 Caltrans Technical Noise
Supplement to the Traffic Noise Analysis Protocol,
doubling of traffic on a roadway is required in order to increase noise to a perceptible level for humans. In the case that traffic is predicted to double the amount of
existing traffic on vicinity roadways, off-site mobile source noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). Otherwise, off-site traffic noise will be addressed qualitatively.

ECORP will document potential noise impacts in a technical report. Where appropriate, the analysis would be
supported by modeling documentation, which would be
included as an appendix to the report.

Subtask: Habitat Assessment and MSHCP Consistency
Analysis
Michael Baker will conduct a database search of the
California Department of Fish and Wildlife’s (CDFW)
California Natural Diversity Database, the California Native Plant Society (CNPS) Electronic Inventory of Rare and
Endangered Vascular Plants of California listings, and the U.S. Fish and Wildlife Service (USFWS) Information for
Planning and Consultation online system and Critical
Habitat mapper to preliminarily identify any special-status biological resources known to occur within the general
vicinity of the project site. A review of the Western
Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) will be conducted for implications on the
proposed project. In addition, Michael Baker will review the 2040 MoVal General Plan EIR, the U.S. Department of Agriculture/Natural Resources Conservation Service Soil Survey, as well as historic/current aerial photographs and topographic maps, to further assess current conditions
and any ecological changes that the project site has
undergone.

Following the literature review, Michael Baker will conduct a field survey of the project site to document baseline biological conditions from which to evaluate the site’s potential to support special-status plant and wildlife
species, including habitats covered under the MSHCP (e.g., vernal pools, riparian/riverine habitat). The field survey will be conducted by a qualified biologist(s) to document the presence/absence of special-status biological resources, or to determine the potential for occurrence of such
resources that may not be detectable when the literature review is conducted. Notes will be taken on all plant and wildlife species observed on-site during the field survey. In addition, the location of any special-status plant and
wildlife species and special-status vegetation communities will be mapped, if present on-site. Vegetation
communities occurring within the project site will be
classified in accordance with the vegetation descriptions provide in the MSHCP and cross-referenced with A Manual of California Vegetation (Sawyer et al. 2009). Data
collected during the field survey will provide an overall understanding of the project setting and biological
resources potentially occurring in the area.

Michael Baker will then prepare a technical letter report to summarize the information and results obtained during
the literature review and field survey, document all plant, wildlife, and vegetation communities observed, and
determine the potential for any special-status species to occur on or within the vicinity of the project site. In addition, the report will provide an analysis of anticipated project-related impacts to biological resources and
identify any additional biological surveys,
recommendations, and/or permit requirements that may
be required prior to implementation of the proposed
project. Further, the report will document compliance with the MSHCP and identify potential impacts to MSHCP
covered species, habitats (e.g., vernal pools,
riparian/riverine habitat), and conservation areas. The final report will be sufficient to make the appropriate
consistency determination to demonstrate compliance
with CEQA and the MSHCP. Site photographs taken during
the field survey and Geographic Information Systems
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figures will be included in the report to further enhance written text and visually identify specific biological
information as it relates to the project site.

This task assumes one (1) field survey will be conducted and that the City of Moreno Valley will provide full access to the project site, as well as keys to locked gates and advance notice to existing property tenants of our right of entry. This task excludes focused surveys for special-status plant and wildlife species and the preparation of a
Determination of Biologically Equivalent or Superior
Preservation (DBESP) Report. Additionally, based on a
preliminary review of the project site, aquatic features potentially falling under federal, or State jurisdiction do not appear to occur on-site; therefore, this task does not include preparation of a formal jurisdictional delineation report.

Subtask: Cultural Resources Investigation
Michael Baker will complete a cultural resources records search of the project site with a ½-mile search radius at the Eastern Information Center; literature, historic map, and aerial photo review; archaeological survey; and
archaeological sensitivity analysis of the project area. The intent of the cultural resources identification efforts is to determine if there are historical resources, as defined in Section 15064.5(a) of CEQA, within the project area. The findings of the cultural resource’s identification efforts will be summarized in a memo intended to satisfy the terms of a CEQA exemption.

Michael Baker will prepare a cultural resources technical memo describing the project site, methods and results of the cultural resources identification efforts, and
recommendations, as applicable. Further studies may be
recommended if cultural resources are identified. It is assumed that the results of the cultural resources
identification effort will be negative, and thus, no
resources will require an evaluation for listing in the California Register of Historic Resources. Finally, it is assumed that the project will be exempt from CEQA, so no Assembly Bill 52 consultation or other Native American
outreach will be required.

Subtask: VMT Screening Analysis
Michael Baker will conduct a VMT screening analysis for the proposed project consistent with the City of Moreno Valley’s Transportation Impact Analysis Preparation Guide for Vehicle Miles Traveled and Level of Service Assessment dated June 2020. An evaluation of project size, project type, and project location will be conducted to evaluate if the project meets any of the screening criteria. Michael Baker anticipates that the project will be exempt from a full VMT assessment based on an initial review of the
screening criteria and therefore a VMT calculation is not anticipated.

Michael Baker will document the full VMT screening
analysis to determine if the project can be presumed to have a less-than-significant transportation impact based on project size, location, or type in support of the CEQA analysis. The screening criteria identified in the City guidelines will be utilized, specifically Transit Priority Area, Low VMT Area, and Project Type. As part of this analysis, Michael Baker will calculate the trip generation estimate for the project.

If the project meets one or more of the screening criteria, the project can be presumed to have a less-thansignificant transportation impact and a full VMT assessment and calculation would not be required and the VMT Screening Memorandum would be sufficient for
CEQA analysis purposes. It is anticipated that the project will screen out of the full VMT analysis based on the Project Type Screening criteria (i.e., Local Park). In the event that the project does not screen out, Michael Baker will
prepare a full VMT assessment under a separate scope of work and fee if requested by the City.

The VMT screening process, assumptions, and findings
along with appropriate exhibits and maps will be
summarized in a technical memorandum.

Deliverables:
• Air Quality and GHG Emissions Assessment Report
included in the backup documentation memorandum
with data modeling sheets attached (electronic)
• Noise Impact Assessment Report included in the
backup documentation memorandum with data
modeling sheets attached (electronic)
• Habitat Assessment and MSHCP Consistency Analysis
Technical Letter Report included in the backup
documentation memorandum (electronic)
• Cultural Resources Technical Memorandum included
in the backup documentation memorandum
(electronic)
• VMT Technical Memorandum included in the backup
documentation memorandum (electronic)

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Project Management and Meetings
In addition to the kickoff meeting, coordination meetings may be conducted to review the City’s comments on
administrative draft documents and in preparation for
public hearings. We have budgeted for two coordination
meetings (in addition to the kickoff meeting) with the City.

Additional management activities include monitoring the project schedule and budget, ensuring critical timeline milestones are met, and providing quality control review of all completed work products.

Schedule
Michael Baker is available to start work immediately after issuance of the Notice to Proceed for the project. Our
proposed schedule below shows the major project
milestones and outlines the approach to complete the
NOE, backup documentation memorandum, and
supporting technical analyses in approximately 15 weeks.

During the kickoff meeting, we will work with the City to update the schedule as necessary, review milestones and expectations for deliverables, and discuss any “critical path” items and information needs critical to the schedule.

Task 2.4 Stormwater
Preliminary Water Quality Management Plan
Michael Baker will prepare a Preliminary Water Quality
Management Plan (WQMP) for the Project in accordance
with the Guidance Document for the Santa Ana Region of
Riverside County. The development qualifies as a Priority Development Project which requires preparation,
approval, and implementation of a compliant Project
Specific WQMP. The Pump Track and Site Improvements
propose a parking lot with 40-50 parking spaces which will place the Project under the category of ‘Parking Lots’
which is defined as 5,000 square feet or more exposed to stormwater. Another category that may apply to the
Project is ‘New Development Projects’ which is applicable to new developments that create 10,000 square feet or
more of impervious surface. A Preliminary WQMP
document will be developed and prepared using the Santa Ana Watershed WQMP template and will include postconstruction Best Management Practices (BMPs) applicable to the project that will be implemented to
reduce and/or eliminate the discharge of pollutants from the completed project into the storm drain system to help protect receiving waters. The various BMP selections and sizing where applicable will be performed for the
development. Preliminary design of BMPs will be prepared sufficient for cost estimating and BMP footprint
determination.

Deliverables: PDF of Preliminary WQMP
Preliminary Hydrology and Hydraulics Report
Michael Baker will prepare a Preliminary Hydrology Report for the Project in accordance with the requirements of the City of Moreno Valley and the Riverside County Flood
Control and Water Conservation District (RCFC&WCD),
based on the Preliminary Grading Plan, for submittal to the City. As part of this task the necessary calculations will be performed in accordance with the RCFC&WCD Hydrology
Manual to show the flood protection criteria is met on a preliminary level.

Deliverables: PDF of Preliminary Hydrology and Hydraulics Report
Final Water Quality Management Plan
Michael Baker will prepare a Final WQMP based on the
Final Site Plan, Grading and Drainage Plan, and Hydrology and Hydraulics Report. The Final WQMP shall be processed through the City of Moreno Valley for final approval and will include all necessary components for approval
including certifications and agreements.

Deliverables: pdf of Final WQMP
Final Hydrology and Hydraulics Report
Michael Baker will prepare a Final Hydrology & Hydraulics Report for the development in accordance with the
requirements of the City of Moreno Valley and the
RCFC&WCD, the Precise Grading Plan, and the approved
Preliminary Hydrology Report. This report will finalize the determined on-site stormwater runoff calculations and the Task/Milestones Duration
(Weeks)
Timeline
Project Kickoff 1 Week 1
Michael Baker Prepares Administrative Draft
NOE/Backup Documentation including
technical analyses (AQ/GHG, Noise,
Habitat/MSHCP, Cultural, VMT)
8 Weeks 2-9
City Reviews Administrative Draft
NOE/Backup Documentation 2 Weeks 10-11
Michael Baker Prepares Revised NOE/Backup
Documentation for City Review 1 Week 12
City Reviews Revised Addendum 1 Week 13
Michael Baker Prepares Final NOE/Backup
Documentation for City Approval 1 Week 14
City Files NOE following Approval of Final
NOE/Backup Documentation 1 Week 15
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drainage facilities necessary to accommodate projected
stormwater flows and the City’s Conditions of Approval.

Deliverables: pdf of Final Hydrology and Hydraulics Report Stormwater Pollution Prevention Plan
Michael Baker will prepare and submit a Notice of Intent (NOI) and a Stormwater Pollution Prevention Plan (SWPPP) for the Project to the State Water Resources Control Board (SWRCB). A copy of the SWPPP and the Waste Discharge
Identification Number (WDID No.) shall be supplied to the client.

Michael Baker will comply with the Construction General Permit (CGP), 2022-0057-DWQ effective after September
1st, 2023. Michael Baker will comply with the CGP by
preparing and submitting the project registration
documents online to the SWRCB. These documents
include a risk analysis and the SWPPP document.

This task assumes any further updates or actions necessary for upkeep, inspections, or maintenance of the SWPPP
shall be prepared by the general contractor, erosion
control contractor, or other party. This includes but is not limited to Annual Reporting, Rain Event Action Plans,
Inspection Logs, Changes of Information, and the Notice of Termination.

Deliverables: pdf of SWPPP Report
TASK 3 CIVIL ENGINEERING PLANS, LANDSCAPE

ARCHITECTURE PLANS, ELECTRICAL AND LIGHTING PLAN,

SPECIFICATIONS, AND ENGINEERING ESTIMATES
Civil Engineering Plans
CADD Base - Michael Baker shall prepare an overall CADD base for use in the Final Engineering Documents as well as for coordination between sub-consultant and engineering.

The digital site base will be based on as-builts provided by the client. This CADD base will include existing utilities, proposed utilities, and site improvements. The City shall provide the proposed asphalt pump track site plan
improvements.

Precise Grading Plans - Michael Baker shall prepare one set of grading plans in accordance with the standard
requirements and guidelines of the City of Moreno Valley.

The Plans will be prepared at 10 scale and shall depict General Notes, Index Map, Vicinity Map, Legend,
Construction Notes, Quantities, Details, and Precise
Grading. Erosion Control Plan and Horizontal Control Plan will also be implemented to supplement the grading plans at 20 scale.

Utility Plans - Michael Baker shall prepare one set of utility plans in accordance with the standard requirements and
guidelines of the City of Moreno Valley. The Plans will be prepared at 20 scale plan view only and shall depict
General Notes, Legend, Construction Notes, Quantities,
and Details. Sewer and Water service laterals will be
designed to serve the Pre-Fabricated Restroom and
Drinking Fountain proposed for the Pump Track. Scope
assumes that tie-in points to existing off-site sewer and water facilities are reasonably proximate and that these facilities are adequately sized to accommodate the project requirements. Any improvement plans for offsite main
extensions or other major transmission mains, pump
stations, reservoirs, offsite pressure regulating stations or other major facilities required by the appropriate
governmental jurisdictional agency will be completed
under separate contract for an additional fee.

Drainage Plans - Michael Baker shall prepare one set of drainage plans in accordance with the standard
requirements and guidelines of the City of Moreno Valley.

The Plans will be prepared at 20 scale plan view only and shall depict General Notes, Legend, Construction Notes, Quantities, and Details. Storm Drain will be designed to facilitate grading plan and be consistent with drainage study reports. Scope assumes drainage facilities are
proximate to the site and detention storage can be
accommodated onsite. Offsite improvements, basins,
storm drain extensions and modeling of downstream
outlet facilities is excluded from project scope.

Landscape Architect Plans
Hardscape Layout / Materials Plans and Details -
Consultant will prepare plans and details indicating the locations and materials to be used for the park amenities, site furnishings, fencing, paving materials, walkways, and prefabricated restroom. Locations of hardscape areas,
planting areas, and parking will also be identified.

Consultant will coordinate the preliminary design of the prefabricated restroom building with a nationally
recognized manufacturer to prepare biddable
construction drawings. The drawings will include
preliminary plans and details provided by the
manufacturer, but final structural plans and calculations will be deferred submittals by the contractor post bid
award.

Planting Plans and Details - Consultant will prepare 1”=20’ scale planting plans indicating the species, quantity, and size of plant material to be used. Native and low water use A.9.a
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plant materials that are suited to the local environment will be used. A planting legend and planting details will be included as part of this task.

Irrigation Plans and Details - Consultant will prepare 1”=20’ scale irrigation plans indicating type of irrigation
equipment to be used after the water meter, such as the backflow preventer, master valve, pipe, flow-sensor,
sleeves, valves, quick-couplers, and low-precipitation rate dripline or bubblers. The irrigation design will comply with local Water Conservation requirements. It is assumed that the water meter and electrical service for the irrigation controller will be provided by others. An irrigation legend, irrigation details, and water use calculations will be
included as part of this task.

Electrical and Lighting Plan
Michael Baker International will prepare electrical
drawings for the site improvement project. The
deliverables will be prepared and sealed by an engineer registered in the state of California.

The items will include:
• Research and Investigation of Existing site
• Site plan drawing showing service location, service
size, voltage/size of main panel
• Approved Lighting Plans
• One-Line Diagram
• Photometric Study
Technical Specifications
Michael Baker shall prepare Project Technical
Specifications to supplement the Standards found in the Greenbook Standard Specifications for Public Works
Construction (“Greenbook”). Michael Baker shall prepare a section in the Technical Specifications for each item listed in the Bid Sheet. In each section, Michael Baker shall at least provide measurement and payment clauses to
reinforce or supplement those found in the Greenbook.

Project Technical Specifications will be provided at the 95% Design Documents Phase.

Cost Estimate and Earthwork Quantities
Michael Baker shall prepare an Opinion of Probable
Construction Costs, which will be provided at the 95%
Design Documents Phase. This opinion shall be developed in the form of a Contract Item List (Bid Sheet) using the standard forms provided by the City of Moreno Valley.

Michael Baker shall prepare a Raw Estimate of Earthwork Quantities based upon the Precise Grading Plans and
Geotechnical Report recommendations as described
herein. Allowances for shrinkage and subsidence and
quantities for corrective grading work shall be accounted for based upon the available Geotechnical Soils Engineer's Report, or as directed by the City Engineer. Raw Cut and Fill Quantities shall be depicted on the Precise Grading Plans at the 95% Design Documents Phase.

Development of this opinion shall be accomplished
through the use of CADD or other mathematic means and
listed in detail for the City of Moreno Valley to use during bidding and construction administration. The goal for the final opinion is a contingency of 10%.

Unit prices for these items shall be developed through the judicial use of City of Murrieta, Riverside County, and/or Caltrans recent and historical data. Local materials
suppliers and contractors may be used to identify unit
prices.

Michael Baker makes no representation concerning the
estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only, and Michael Baker shall not be responsible for fluctuations in cost factors.

Task 3.1 1st Review - Conceptual Design Documents
This task shall include the conceptual design documents for Civil Engineering Plans, Landscape Architecture Plans, and Electrical and Lighting Plans to be presented for the 1st Review to City staff for review, analysis, and
recommendations.

Task 3.2 2nd Review – 35% Design Documents
The 35% Design phase of work will incorporate comments
resulting from the review of the Conceptual Design
Documents. During this effort Michael Baker shall advance the Civil Engineering Plans, Landscape Architecture Plans, and Electrical and Lighting Plans to 35% complete. The
intention of 35% complete plans is a set of documents that is substantially complete with previous City comments
addressed.

Task 3.3 3rd Review – 95% Design Documents
The 95% Design phase of work will incorporate comments
resulting from the review of the 35% Design Documents.

During this effort Michael Baker shall advance the Civil Engineering Plans, Landscape Architecture Plans, and
Electrical and Lighting Plans to 95% complete. The
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is substantially complete with previous City comments
addressed.

It is expected that at this level of design all Agency
comments have been addressed and no new comments
will be provided. This submittal is intended to ensure the City that the design package is ready to list for
advertisement. Technical Specifications, Cost Estimates, and Earthwork Quantities will be provided at this phase of work as well.

TASK 4 FINAL SUBMITTALS
Final Design (Bid Ready Improvement Plans)
The Bid Ready Final Design phase of work will incorporate Regulatory, and Resource Agency comments resulting
from their review of the 95% Design documents. During
this effort Michael Baker shall prepare bid ready
documents. The following plan listed under “deliverables” are included as part of this task.
• Submit two full-size and two half-size (bond paper)
final plan set master with the design engineer’s seal
and signature on each plan sheet and title sheet of
specifications.
• Submit an electronic copy of all plans in AutoCAD and Adobe Acrobat format on a Flash Drive.
• Submit contract document in Microsoft Word format
on a Flash Drive.
• Submit one set of quantity calculations and final
engineering estimate in Microsoft Excel format on a
Flash Drive.
• Submit all electronic files, including correspondence, photolog, and analyses, used in project design on a
Flash Drive. Files that are not in electronic format shall be scanned into commonly used digital format and
saved to the Flash Drive.

TASK 5 PROJECT COORDINATION DURING DESIGN

PROCESS
Michael Baker shall work with the City of Moreno Valley to schedule a project kickoff meeting (pre-design meeting) as well as planned status meetings with the City for
Conceptual, 35%, and 95% Design Documents stages.

Additional meetings with City Departments, City of
Moreno Valley’s sub-consultants as well as other key
stakeholders will be scheduled and attended as necessary.

Michael Baker shall provide meeting agendas with input
from the City for each meeting and will prepare and
distribute meeting minutes. A total of five (5) meetings is assumed in this task. This scope also includes coordination items with Client, other Consultants, and Internal Team.

On a monthly basis, Michael Baker will issue invoices and progress reports to the City detailing major items worked on during the billing period as well as percentage complete for each task. This report will include all necessary back up and will serve to establish internal accounting methods and procedures acceptable to the City for documenting
and monitoring contract costs.

It is understood that the City explicitly understands that project management, meetings, and coordination will be
billed on a time and materials basis. Should the budgetary hours be exceeded, Michael Baker will notify the City and request a contract amendment for additional hours.

TASK 6 DESIGN SUPPORT DURING BIDDING PHASE
Michael Baker shall work with the City of Moreno Valley to schedule a pre-bid meeting and respond to contractor
requests for clarification when needed. Michael Baker
shall also record and distribute among potential bidder’s answers and clarifications given to contractors and
prepare formal construction documentation addenda, if
necessary.

It is understood that the City explicitly understands that design support during bidding phase will be billed on a time and materials basis. Should the budgetary hours be exceeded, Michael Baker will notify the City and request a contract amendment for additional hours.

TASK 7 DESIGN SUPPORT DURING CONSTRUCTION
PHASE
Michael Baker shall work with the City of Moreno Valley to schedule a pre-construction meeting and clarify questions related to the project when needed. These answers to
questions during the pre-construction meeting or during construction that were not brought up in the preconstruction meeting will be distributed as necessary.

It is understood that the City explicitly understands that design support during construction phase will be billed on a time and materials basis. Should the budgetary hours be exceeded, Michael Baker will notify the City and request a contract amendment for additional hours.

ADDITIONAL SERVICES:

Services which are not specifically identified herein as services to be performed by Michael Baker are considered “Additional Services” for purposes of this Agreement.

Client may request that Michael Baker perform services
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which are Additional Services. However, Michael Baker is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed
setting forth the scope, schedule, and fee for such
Additional Services. In the event Michael Baker performs Additional Services before receipt of such executed
amendment, Client acknowledges its obligation to pay for such services at Michael Baker’s standard rates, within 30 days of receipt of Michael Baker’s invoice.

EXCLUSIONS:

Although the following tasks are not included in this scope of work, Michael Baker is available to provide consulting services relating to any of the following items if
determined to be necessary:
• Public outreach;
• Structural Design and Calculations;
• Exhibits not specifically outlines in this scope of work; • Demolition Plans;
• Any other specific services not described within this scope of work.

Quality Assurance and Quality Control Procedures
Effective quality management is a key to Michael Baker’s success. Success is measured not only by timely
completion and quality work, but most importantly by
meeting or exceeding client expectations in thoroughness, completeness, clarity, and accuracy of deliverables. These measures can only be provided on a consistent basis with an effective quality management program. Project
managers develop a Project Specific Quality Management
Plan (PSQMP) based upon the complexity of the project.

The PSQMP provides project specific guidelines for quality control reviews. This plan is scalable for the size and type of project to be executed. QC and QA are enforced through the use of guidelines established under the system,
ensuring consistent, high-quality services to our clients.

The PSQMP includes QC procedures for project phases and submittal documents. In addition to QC protocols, the
process includes separate checklists for all QC
requirements. Miguel Gonzalez, PE is serving as Michael Baker’s QA/QC Manager for this contract. Mr. Gonzalez
will be responsible for the QA reviews as well as internal audits of the quality management process and PSQMP.

Regardless, the Contract Manager is ultimately
accountable for the quality of deliverables submitted to the client. All milestone deliverables to City will bear the signature of each reviewer and/or step in the review
process. This program consists of the following key
elements: Project Manager Supported by Permanent
Design Teams, Design Discipline Scope of Work/
Responsibilities, Design Criteria Establishment, “Over the Shoulder” Reviews, In-House Project Team
Meetings/Coordination, Project Communication/
Documentation, Milestone Submittal Reviews, InterDiscipline and Constructability Reviews, Utility Location Cross Check, and QA.

Related Experience with References
Below are a few examples of projects that our team have delivered that are similar to this Project:

Centinela Bike Pump Track Project, Inglewood, California. Velosolutions. Michael Baker, partnering with Grow Cycle Foundation, provided design and engineering services to develop a bike pump track for the Edwin Vincent Park. The track is an asphalt paved, closed loop track, consisting of undulating rollers, banked turns, and features to enhance the play experience, serving a wide range of age groups and nonmotorized wheeled vehicles (such as bicycles and scooters). The A.9.a
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track will be inset two feet below grade with a starting platform height of two feet above grade. For the project, Michael Baker prepared precise grading plans, drainage plans, and the low-impact development plan. Also provided were construction drawings and a cost estimate as well as design and layout of the storm drain system.

During construction, a 72-inch corrugated metal storm drain was discovered 6 inches below grade. The pipe had deteriorated to a point where it could not be repaired or support the machinery needed to construct the track. Michael Baker worked with Grow Cycle Foundation, Velosolutions (the bike track contractor), and the city to determine the best course of action. Ultimately, a new 72-inch corrugated metal pipe was placed through the site in order to allow for the track to be constructed.

Value-Added - Michael Baker was brought in late in the
process and committed to completing the work in under one month. Due to the time constraints, Torrent Resources was brought in to design the drywells for the project, allowing the low-impact development plan to be approved and
implemented in an expeditious fashion.

Santa Ana River Parkway Trails Extension, Orange County, California. Orange County Public Works. Michael Baker
prepared final design plans, specifications, and estimate (PS&E) for the Santa Ana River Parkway Extension project, which will construct a 2.6-mile extension of bikeway, riding, and hiking trails systems from Gypsum Canyon Road to the Orange County Line, in coordination with OCPW, Orange County Parks, and the Army Corps of Engineers.

Venta Spur Trail Bicycle and Pedestrian Bridge over SR 133, Irvine, California. City of Irvine. Michael Baker assisted with the preliminary design and environmental documentation for the extension of the Venta Spur Trail across S.R. 133 and Marshburn Channel. The trail extension was a key element of the city's Master Plan of Open Space and Trails and
constructed a Class I Bikeway between the existing trail in the Village of Woodbury East and an Irvine Ranch Water District (IRWD) maintenance road that connects to future Venta Spur Trail in the Great Park Neighborhoods.

Reference:

Velosolutions | 5411 Shady Oak Lane
Fort Lauderdale, FL 33312
Alon Karpman, CEO | 917-304-2566
Velosolutions.com
Reference:

Orange County Public Works | 300 N. Flower Street
Santa Ana, CA 92702
Robert Sanchez | 714-245-4566
[email protected]
Reference:

City of Irvine | P.O. Box 19575, One Civic Center Plaza Irvine, CA 92606
Cheryl Lea | 949-724-7313
[email protected]
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Resource Allocation Matrix

Principal
Bill Pope
QA/QC Manager
Miguel Gonzalez
Project
Manager
Chad Adachi
Civil Land
Development
Designer
Jerry Miller
Kyle Eubanks
Sheryl Bermudez
Electrical
Engineer
Joshua Parker
Jordan Johnston
Surface Water
Engineer
Kyle Gallup
Danielle Peltier
Surveying/Mapping
John Duquette
Connie Barrett
Xavier Hughes
Environmental
Planning
Kathalyn Tung
Jennifer Wu
Landscape
Architect
Jeremy Franzini
Alaa Chaabani
Josh VanDuyn
Elise Caille
Michael Baker
Hours

1.0 Kick-off Meeting 3 1 4 3 2 2 3 2 4 24

2.0 Topographic and Mapping Survey, Geotechnical Services, CEQA Services, and Stormwater 14 13 30 17 0 224 77 240 0 615

2.1 Topographic and Mapping Survey 2 2 8 4 0 4 77 0 0 97

2.2 Geotechnical Services 2 1 2 3 0 0 0 0 0 8

2.3 CEQA Services 5 5 10 0 0 0 0 240 0 260

2.4 Stormwater 5 5 10 10 0 220 0 0 0 250

3.0 Civil Engineering Plans, Landscape Architecture Plans, Electrical and Lighting Plan, Specifications, and Engineering Estimates
20 36 95 174 110 0 0 0 255 690

3.1 Concept Design Documents 5 8 15 29 20 0 0 0 65 142

3.2 35% Design Documents 5 12 25 55 30 0 0 0 117 244

3.3 95% Design Documents 10 16 55 90 60 0 0 0 73 304

4.0 Final Submittals 5 10 16 20 15 0 0 0 50 116

5.0 Project Coordination during Design Phase 10 5 25 2 2 0 0 11 10 65

6.0 Design Support during Bidding Phase 5 2 6 4 4 0 0 0 4 25

7.0 Design Support during Construction Phase 10 5 20 17 8 0 0 0 20 80 TOTAL HOURS: 67 72 196 237 141 226 80 253 343 1615
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3. PROPOSED STAFF/TEAM
Project Team Introduction
Michael Baker's team will be directed by Mr. William Pope.

Knowledge, experience, and responsiveness are key
elements of a strong team needed to meet and exceed the City’s goals and expectations. Our Project Director has served in the role as lead for land development and
infrastructure improvement contracts with municipalities, both from the private side as well as the public side for 30 years. Bill is able to leverage his public and private
experience to the benefit of the City, as he is able to draw upon experience from both sides of the table.

Mr. Chad Adachi, PE, will provide the City with boots-onthe-ground Project Management. Mr. Adachi brings 7 years of infrastructure experience in the Inland Empire to the team, specializing in strong communication and team coordination skills.

Organization Chart
The Michael Baker team brings a depth of experience through our multi-disciplinary team. The organization chart identifies our Project Manager / Main Point of Contact and key personnel, related lines of authority and responsibility, and roles. A large majority of the work performed under this contract will be handled out of the local Temecula Office.

Key Team resumes are located in the Appendix.

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Personnel Qualifications Matrix
Team Member
Role
Yrs of
Exp
Education License/Registration
Chad Adachi
Project Manager
7 B.S.C.E., 2016, Civil Engineering, California Baptist University
Professional Engineer - Civil, California, 2019,
90835
William Pope
Project Director
30 Vocational/Technical, 2005, Surveying and
Mapping Course, Mount San Jacinto Community
College
Miguel Gonzalez
QA/QC
37 M.S., 1995, Civil Engineering, San Diego State
University
C.A., 1991, Industrial Electricity, San Diego City
College
B.S., 1985, Civil Engineering, University of
Guanajuato, Mexico
Professional Engineer - Civil, California, 2001,
61561
John Duquette
Survey/Mapping
18 A.S., 1996, Surveying and Mapping, Santa Ana
College
Professional Land Surveyor, California, 1999,
7566
Connie Barrett
Survey/Mapping
32 B.S., 1987, Surveying and Mapping, CU GKD
Coursework, Land Surveying, Rancho Santiago
College
Professional Land Surveyor, California, 2021,
9646
Joshua Parker
Electrical
8 B.S.E.E., 2015, Electrical Engineering, Washington
State University
Professional Engineer - Electrical, California,
2021, E23757
Jeremy Franzini
Landscape
21 M.L.A., 1996, Landscape Architecture, Texas A&M
University
B.S., 1993, Environmental Studies, University of
California, Santa Barbara
Landscape Architect, California, 2001, 4514
Kathalyn Tung
Environmental
18 M.S., 2009, City/Urban Community and Urban
Planning, University of Southern California
B.S., 2004, Environmental Sciences, University of
California, Berkeley
Kyle Gallup
Stormwater
18 B.S., 2005, Civil Engineer, San Diego State
University
Professional Engineer - Civil, California, 2009,
74610
Certified Floodplain Manager, 2018, US-18-
10783
Water Treatment Operator, 2023, 46140
Water Distribution Operator, D1, 2023, 53919
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4. REQUIRED STATEMENTS
A. RFP #2023-031 shall be incorporated in its entirety as a part of Michael Baker’s proposal.

B. Both the RFP and our Proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by Michael Baker and the Mayor or City Manager of Moreno Valley.

C. Michael Baker’s Services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in our Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL." D. See Appendix - ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL.

E. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of Michael Baker’s Staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. If one or more of the Consultant’s staff should become unavailable, Michael Baker may substitute other staff of at least equal competence only after prior written approval by the City.

F. See Section 2. Technical Proposal, for a resource allocation matrix.

G. See Section 2. Technical Proposal, for a statement of sub-consultant’s (include relief personnel) qualifications applicable to this project including the names, qualifications and proposed duties of the sub-consultant’s staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses, and telephone numbers of the appropriate persons whom the City could contact.

H. Michael Baker acknowledges and understands that we will not be allowed to change the sub-consultant without written permission from the City.
• All charges for Michael Baker (construction) services is a “Not-to-Exceed Fee” and includes conservatively estimated reimbursable expenses, as submitted with and made a part of this Proposal. • Michael Baker will document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives. • Michael Baker will immediately document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior, during, or after the construction work.

L. A copy of Michael Baker’s hourly rate schedule is included in the Cost Proposal provided under separate cover. Said hourly rate schedule is part of Michael Baker’s Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. An itemized cost breakdown for the work described herein is submitted in a separate file, entitled Cost file, as part of Michael Baker’s Proposal submittal. All extra work will require prior approval from the City.

M. Michael Baker will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

N. All federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to.

O. Michael Baker shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project. All relevant records shall be retained for at least three years.

P. Michael Baker shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276-a through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code. Pursuant to the said regulations, entitled “Federal Labor Standards Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.

Q. Michael Baker shall comply with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

R. Michael Baker offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to Michael Baker, without further acknowledgment by the parties.

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APPENDIX
Additions or Exceptions to the City’s Request for Proposal AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES, PROJECT NO. 801 0058 Item 14. Indemnification.
a. Design Professional Services. To the fullest extent permitted by law, including but not limited to Civil Code Section 2782.8, in performing “design professional services” as defined in Section 2782.8, the Consultant agrees to indemnify, defend, and save, the City, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from third party any and all liability, claims, demands, direct damages, or injuries to any person, including injury to the Consultant's employees and all claims to the extent which arise directly from or are connected with the negligent, reckless, or willful misconduct in the performance of or failure to perform the work or other obligations of the Consultant under this RFP and/or related Agreement, or are directly caused or claim to be caused by the negligent acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person for whom Consultant is legally liable; acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims to the extent arising from the sole negligence, active negligence, or willful misconduct of the City, MVHA, and CSD, their officers, agents or employees; and does not apply to any passive negligence of City unless caused at least in part by Consultant. b. Non-Design Professional Services. For all non-design professional services, Consultant shall indemnify, defend, and save the City, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from third party any and all liability, claims, demands, direct damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise directly from or are connected with the performance of or failure to perform the work or other obligations of the Consultant, or are caused or claim to be caused by the negligent acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction for whom Consultant is legally liable in Consultant’s performance under this Agreement; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, MVHA, and CSD, their officers, agents or employees.
c. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify hold harmless and defend City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

16. …challenge, Consultant and City each agree to reasonably cooperate with each…

17. Insurance
(a) …by the City Manager and his/her designee at any time and in his/her sole discretion by mutual written agreement signed by both Parties.
(d) Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy.

This requirement shall survive expiration or termination of this Agreement. RESERVED Explanation: Michael Baker does not provide insurance policies to outside firms due to security and confidentiality concerns. We will provide the widely accepted Standard Acord insurance certificate with proper endorsements provided by our carriers.

20. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, fully completed and detailed project-related documents which shall become the property of the City upon receipt of final payment. The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement. Nothing herein shall be construed to grant ownership or any other rights to City of any of Consultant’s pre-existing and/or background Intellectual Property or of any information, data, or property that was in Consultant’s possession prior to the execution of this Agreement.

20. (c) The City agrees to indemnify and hold the Consultant free and harmless from any claim arising from any unauthorized use of computations, maps, and other documents prepared or provided by the Consultant under this Agreement, if modified by City of used by the City on other work 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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21. (a) This Agreement shall terminate without any liability of City to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Consultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement. In the event that Consultant materially defaults on any of its obligations under this Agreement, City shall provide written notice of such default and Consultant shall have no less than ten (10) business days from receipt of notice to cure such default. Should Consultant fail to cure within the time period, City may terminate this Agreement for cause upon written notice to Consultant. , or insufficient funding for the Project; or (iv) expiration of this Agreement.

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 termination, 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 with the Standard of Care herewith through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
(b) RESERVED In the event of termination due to failure of Consultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Consultant, nor shall such payment impair or prejudice any remedy available to City with respect to the breach.

Explanation: Any such claims would be settled via dispute resolution procedures and no monies should be withheld or otherwise due prior to such resolution.
(c) Provided that City has provided notice and cure period to Consultant, and Consultant has failed to cure, as required under paragraph 21(a) above. Upon any material breach of this Agreement… …to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach…
(d) Consultant shall be liable for default unless not be liable for its nonperformance if such nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, but not limited to, acts of God… Explanation: Michael Baker cannot agree to any liability prior to dispute resolution proceedings, so it would be better to phrase what Michael Baker will not be liable for instead.

27. (d) …for complying with Section 257(a), above.

27. (e) …provisions of this Section 257 in each…

27. (f) This Section 257 shall survive expiration…

28. All Plans, drawings, Specifications, reports, logs, and other documents prepared by the Consultant exclusively in its performance under this Agreement shall, upon completion of the project Consultant’s receipt of final payment, 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. Any reuse of Consultant’s work product without written verification or adaptation by Consultant will be at the City’s own risk and without liability or legal exposure to Consultant. The City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle Consultant to further compensation at rates to be agreed upon by the City and Consultant. Nothing herein shall be construed to grant ownership or any other rights to City of any of Consultant’s pre-existing and/or background Intellectual Property or of any information, data, or property that was in Consultant’s possession prior to the execution of this Agreement.

30. RESERVED Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not A.9.a
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independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.

STANDARD OF CARES. The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill used by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant’s services.

LIMITATION OF LIABILITY. To the fullest extent permitted by law, the City agrees to limit Consultant’s liability to the City and to all other contractors or subcontractors on the project for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement from any cause or causes including but not limited to Consultant’s negligent acts, errors, omissions, strict liability, breach of contract, or breach of warranty, such that the total aggregate of liability of Consultant to all those named shall not exceed $50,000 or the total fee for Consultant’s services rendered in the project, whichever is greater. To the extent that this limitation of liability conflicts with any other provision(s) of this Agreement or any Task Orders associated therewith, said provision(s) shall be considered amended to whatever extent required to make such provision(s) consistent with this provision.

CONSTRUCTION MEANS. Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures of construction contractors, or the safety precautions and programs incident thereto, and shall not be responsible for such contractors’ failure to perform work in accordance with the contract documents.

ESTIMATES. Any estimates provided for cost of construction, financing, and acquisition of land and rights-of-way shall be made in accordance with good engineering practice and procedure. It is understood, however, that Consultant has no control over construction costs, competitive bidding and market conditions, nor over costs of financing, acquisition of land or rights-of-way, and Consultant does not guarantee the accuracy of such cost estimates as compared to actual cost or contractors’ bids.

WAIVER OF CONSEQUENTIAL DAMAGES. In no event shall either Consultant or the City have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages or any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

EXHIBIT “D” TERMS OF PAYMENT

3. …will the City pay for more services than have been satisfactorily completed in accordance with the Standard of Care and the City Engineer’s determination of the amount due for any progress payment shall be final. The consultant will… EXHIBIT “E” INSURANCE REQUIREMENTS
Umbrella Or Excess Insurance
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 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 deductibles or self-insured retentions.

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Key Team Member Resumes
Chad Adachi, PE | Project Manager
Mr. Adachi is experienced in land development. His experience includes projects within the commercial, residential, and institutional sectors. His responsibilities regarding these projects include design and production of sewer, water, storm drain, grading, and street plans. His software skill and experience include an advanced understanding level of AutoCAD Civil 3D.

RELEVANT EXPERIENCE
Riverside County Transportation – Plan Checking Services. Responsibilities include coordinating plan checking reviews with Riverside County, consultant plan checking staff, and project applicant or engineer. Assists the project applicant or engineer by coordinating reviews of Precise Grading and Rough Grading Plans according to Riverside County Ordinance and California Building Code from initial submittal to approval.

City of Palm Desert – Plan Checking Services. Responsibilities included plan checking reviewal of Precise Grading, Rough Grading Plans, Storm Drain Plans, and Street Plans according to City of Palm Dessert Standards and California Building Code from initial submittal to approval.

Winchester Rd. and Jean Nicholas Rd - Riverside County. Lennar Corporation. Program Manager. Responsible for project managing the project by coordinating staff, consultants, client needs, budgeting, and scheduling. Michael Baker provided services for the final engineering of 154 Single Family Detached Condominium Units on a 24-acre site. Final Engineering Plans includes, Rough Grading, Precise Grading, Onsite Street Improvement Plans, Offsite Street Improvement Plans, Signing and Striping Plans, Traffic Control Plans, and EMWD Utility Plans.

Lennar – Horizons, City of Wildomar, Multifamily Residential, Wildomar, Project Manager / Project Engineer. Program Manager and Project Engineer responsible for project managing the project by coordinating staff, consultants, client needs, budgeting, and scheduling. Michael Baker provided services for the final engineering of 136 Multifamily Family Attached Townhome Units on a 14-acre site Final Engineering Plans includes, Rough Grading, Precise Grading, Onsite Street Improvement Plans, Offsite Street Improvement Plans, Storm Drain Plans, Signing and Striping Plans, Traffic Control Plans, and EVMWD Utility Plans.

Years with Michael Baker
7 Years of Experience
7 Education
B.S.C.E., 2016, Civil Engineering, California Baptist
University
Licenses/Certifications
Professional Engineer - Civil, California, 2019, 90835
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William Pope | Project Director
Mr. Pope works in Michael Baker's Palm Desert Office. He has resided in the Coachella Valley all of his life and has seen the many changes that have shaped the landscape of this beautiful valley. He is experienced with Autocad Land
Development Desktop software including Civil and Survey modules, Autocad Civil 3D, along with various data-base packages for hydrology/hydraulics and map checking protocols. Mr. Pope has extensive knowledge in the writing of legal descriptions, area calculations and mapping which includes Parcel Maps, Tract Maps and Lot Line Adjustments. He works closely with the Michael Baker's Public Works personnel in providing necessary base mapping, right-of-way analysis and property research through various parcel information programs and close contact with various title companies locally. With 20 years of experience in the consulting engineering industry, Mr. Pope has developed unique skills in the preparation of parcel, tract and ALTA/ACSM plats along with civil design plans including sewer, water, storm sewer, hydrology calculations, as well as street plan and profile design.

RELEVANT EXPERIENCE
Rancho Las Flores Park Master Plan - Phase 1, Coachella, California. City of Coachella. Mapping Specialist. Responsible for mapping services. Michael Baker provided professional landscape architecture and civil engineering services to the City of Coachella for the design and development of a community sports park. The 25-acre park included a major lighted soccer complex, football field, baseball and softball fields, playgrounds, picnic areas, splash fountain, restrooms, shade structures, a new public street, parking lot improvements, landscaping, irrigation, and associated improvements. Services included the preparation of conceptual design alternatives, a two phased master plan, and final plans, specifications and estimates.

Tennis Gardens at Indian Wells, Indian Wells, California. Pm Sports Management. Mapping Specialist. Responsible for the on-site grading design and on-site utility infrastructure for the Garden of Champions tennis complex expansion project.

Michael Baker provided engineering services for the Garden of Champions expansion project, a tennis complex constructed on the remaining 30-acre vacant site adjacent to the existing tennis complex. The complex is home to the BNP Paribas Open Tennis Tournament. As part of the proposed design, it was necessary to relocate a domestic sewer and water main, quitclaim existing easements back to the landowner, and prepare new easements for the Coachella Valley Water District main lines that were relocated. Project work includes bid evaluation and construction management services. The project includes a new 16,000-seat main stadium, four other new tennis courts, two new parking lots, and turf parking areas, along with 700 hotel rooms, 140 casita suites, 68,000 square feet of quality restaurants, and a service station-carwash-mini-mart.

Project construction is slated to start after the 2013 Tournament and be completed for the 2014 BNP Paribas Open.

The Thermal Club Project, Thermal, California. Thermal Operating Company, LLC. Project Manager. Responsible for mapping services. Michael Baker is providing construction surveying services for The Thermal Club, a premier private motorsports facility. In addition to 4.5 miles of members-only racetrack, the Club facilities will include over 200 Founders Lots, a Clubhouse and Village unrivaled in the motorsports world, and will rank among the best of private clubs of any type. The project encompasses 530 acres in Riverside County.

Years with Michael Baker
11 Years of Experience
30 Education
Vocational/Technical, 2005, Surveying and Mapping
Coursework, Mount San Jacinto Community College
College of the Desert, 1996-1998
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Miguel Gonzalez, PE | QA/QC
Mr. Gonzalez currently serves as a Project Manager in
the Land Development Department of the Temecula
regional office. He is responsible for overseeing the
preparation of improvement plans for grading, street
design, storm drain, sewer and water plans, and providing engineering support as required for due diligences, specific plans, and tentative tract maps. He has a diverse background with civil and electrical engineering with emphasis in land development, public works, construction management and retrofit of industrial sites.

RELEVANT EXPERIENCE
Spencer's Crossing, Riverside County, California. Lennar Homes of California. Project Manager. Responsible for preparing rough grading plans, street improvement plans, and utility design for roughly 1,700 units in this 600-acre development. As part of this development, managed the civil engineering for a multi-use Sports Park, Recreation Center (The Club at Spencer's Crossing), multiple public park facilities, and off-site back bone infrastructure to provide access and services.

Santana Park Expansion, Corona, California. Project Engineer. Responsible for precise grading plans and drainage for new walkways, enlargement of one ball field, and additional parking lot. Addition of approximately 1.5 acres to existing park site after vacation of one segment of Garretson Avenue per the construction of Magnolia Avenue.

Oak Glen Road Widening and Sunnyside Drive Realignment, Yucaipa California. Public Works Inspector and Construction Manager. A section of 3,500 feet of Oak Glen was widened to ultimate improvements in front of the Yucaipa Community Park. Sunnyside Drive is the primary access to a residential tract and Ridgeview Elementary School. Both roads remained open during construction with minimum traffic disruption.

Years with Michael Baker
20 Years of Experience
37 Education
M.S., 1995, Civil Engineering, San Diego State
University
C.A., 1991, Industrial Electricity, San Diego City
College
B.S., 1985, Civil Engineering, University of
Guanajuato, Mexico
Licenses/Certifications
Professional Engineer - Civil, California, 2001, 61561
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Packet Pg. 171 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR 40810 County Center Drive
Suite 200
Temecula, CA 92591
We Make A Difference
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EXHIBIT B

CITY RESPONSIBILITIES

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 project specification data, and such other pertinent data which may become available to the City.

2. Provide timely review, processing, 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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EXHIBIT C

TERMS OF PAYMENT

1. The Vendor's compensation shall not exceed $405,780.00.

2. The Vendor 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 Moreno Valley business license are located at: http://www.moval.org/do_biz/bizlicense.shtml

3. The Vendor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date.

The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Vendor will submit all original invoices to Accounts Payable staff at [email protected] a. Accounts Payable questions can be directed to (951) 413-3073. b. Copies of invoices may be submitted to the Parks and Community Services Department at
c. [email protected] or calls directed to (951) 413-3704.

4. The Vendor 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, 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 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 Vendor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

A.9.a
Packet Pg. 177 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR

7. Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless authorized in writing by City.

8. Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

A.9.a
Packet Pg. 178 Attachment: Agreement for Services - Michael Baker International - (12.01.23) (6477 : AUTHORIZATION TO AWARD AN AGREEMENT FOR Report to City Council
ID#6473 Page 1
TO: Mayor and City Council
FROM: Kenneth Reichle, Chief of Police
AGENDA DATE: December 19, 2023
TITLE: APPROVAL TO USE ASSET FORFEITURE FUNDS TO

PURCHASE LAW ENFORCEMENT EQUIPMENT

RECOMMENDED ACTION
Recommendations:

1. Authorize the Police Department to purchase law enforcement equipment at a cost of $30,417.83; and

2. Authorize a budget adjustment as set forth in the Fiscal Impact Section of this report.

SUMMARY
This report recommends the City Council authorize the Moreno Valley Police Department (MVPD) to purchase law enforcement equipment to replace equipment purchased in 2019 and 2020, respectively. The Police Department proposes utilizing $30,417.83 of Asset Forfeiture funds to acquire this equipment to continue the use as a force multiplier in support of City Council approved fireworks taskforce operations and on-scene law enforcement investigations.

DISCUSSION
Since 2019, MVPD has used this equipment as a cost-effective force multiplier assisting law enforcement at crime scenes, during severe traffic collision investigations, and in the field in response to priority one (1) and priority two (2) crimes by supplementing data collection practices.

In 2019, the City Council approved the use of Asset Forfeiture funds for the purchase of equipment to generate supplemental data for traffic collision reconstruction due to significant numbers of injury and fatal traffic collisions. In 2020, the City Council A.10
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Moreno Valley City CouncilDecember 19, 2023

Moreno Valley City Council
December 19, 2023