Moreno Valley City Council
February 6, 2024

3. Approve the City Manager \Executive Director of the Moreno Valley Community Services District and or it’s designed to submit necessary budget adjustments as applicable.

SUMMARY

Staff recommends that the Mayor and City Council authorize the City Manager\Executive Director of the Moreno Valley Community Services District and or it’s designed to execute the Second Amendment to t he Telecommunications Lease Agreement with VB RUN, LLC, (“Licensee”), to extend the renewal terms of the License for an additional five (5), five year renewal periods at the adjusted rental and maintenance fee rates, which includes annual adjustments of CP I or 3%, whichever is greater, per the terms of the 2 nd Amendment, and allow Licensee to sublicense/sublease to applicable Sublicensees \Subtenants, upon Licensees written request to the City\CSD (“Licensor”). Licensee will collect and submit with their mo nthly rents a separate revenue share of rents collected from Sublicensees\Subtenants paid to Licensee, and Licensee shall then remit to Licensor a portion of those rents at a rate of fifty percent (50%) of the rents collected by Licensee from Sublicensee(s )\Subtenant(s) for use of improvements at the existing cell facility located on the property at 15115 Indian Street, Moreno Valley, CA 92551, known as John F. Kennedy Park.

DISCUSSION

Representatives with Vertical Bridge (VB Run, LLC) the current success or\assigned per the executed Internal Transfer Agreement between Sprint PCS Assets, LLC (a T -Mobile Affiliate), T-Mobile USA, Inc., and VB RUN. LLC (a Sale Site Subsidiary) met with Parks and Community Services staff to review and discuss their request to extend the renewal terms of the Telecommunications License Agreement associated with the cell site located at the premise known as 15115 Indian Street, Moreno Valley, CA 92551, known as John F. Kennedy Park, by Licensee for an additional five (5), five -year (5 -year) renewal periods with rental rates and maintenance fees to be increased annually each August 1st at a rate of either CPI based on the Riverside -San Bernardino-Ontario Index CPI (U) all items for 12 months or 3%, whichever is greater.

Licensee also requests per this Second Amendment to sublicense \sublease to other broadband carriers with the understanding that a revenue share of 50% of monthly rents paid by sublicensee \subleasee to Licensee will be remitted to Licensor (revenue share) of the ren ts paid by sublicensee(s) \subleasee(s) to Licensee that has entered into a sublease or license with Licensee for use of the Improvements on or after the Effective Date of the Second Amendment. Sublicensee \Subleasee is not paying rent or fees directly to Li censor for the use of ground space related to the use of Licensee’s Improvements and is not the sole subtenant or licensee of Licensee.

Due to increased demand for telecommunications services, resulting from the proliferation of various personal communica tion devices making use of cellular tower facilities necessary to meet consumer demand , Parks and Community Services found that Service providers are in continued need of sites to operate cellular facilities and are I.6
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willing to work with other broadband carriers to accommodate the public’s service needs.

The original executed Telecommunications License Agreement (“Agreement”) was entered into with Sprint PCS Assets, LLC, a Delaware limited liability company, dated January 7, 2005. Vertical Bridge (VB Run, L LC) is the current Lessee under the Agreement as successor in interest to the Agreement, which is allowed per Section 13 of the Agreement for subsidiaries and, whereas under the Agreement, Section 2 E. , Licensee may only with Licensor permission, sublicens e to an unaffiliated carrier the right to sublicense \sublease within the premises of the cell facility to another communication provider and will provide compensation monthly to the Licensor for additional rents from sublicensee\subleasee as paid by Licensee to Licensor.

All terms of the original Telecommunications Agreement, entered into on June 7, 2005, and Amendment No. 1 To :Sprint PCS Telecommunications License Agreement John F.

Kennedy Veterans Memorial Park (Site ID#RV62XC902) (the First Amendment t o the Telecommunications License Agreement), which was entered into on June 26, 2015, will remain in full force and effect, save for those portions modified by this Second Amendment to expand the term of the License Agreement for five (5) additional five - year (5-year) terms, starting from the Commencement Date. Commencement Date to be August 1, 2024, at the Licensee monthly rental rate of $3 ,543.93, per month, and Maintenance Fee of $100 .00 per month, both rental and maintenance fee to be increased annually on the anniversary of the Commencement Date by CPI, based on the Riverside -San Bernardino -Ontario Index CPI (U) all items for 12 months, or 3%, whichever is greater, and Licensee shall with written consent to Licensor, sublicense/sublease to applicable S ublicensees\Subtenants and compensate Licensor with a 50% revenue share of rents collected by Licensee in the month following collection by Licensee.

ALTERNATIVES

1. Authorize the City Manager\Executive Director of the Moreno Valley Community Services District and or it’s designed to approve the Second Amendment to the Telecommunications Lease Agreement with VB RUN, LLC, a Delaware limited liability corporation, to extend the renewal terms for an additional five (5), five years (5-years) with rents to be col lected at a rate of $3,543.93 per month and $100.00 per month for the maintenance fee, each to be adjusted annually by CPI or 3%, whichever is greater, and allow Licensee to sublicense /sublease to applicable Sublicensees \Subtenants and compensate Licensor with a 50% revenue share of rents collected by Licensee in the month following collection by Licensee for the cell site located on the property at 15115 Indian Street, Moreno Valley, CA 92551, known as John F. Kennedy Park This alternative would result in the potential for additional revenue to the City.

2. Do not authorize the City Manager \Executive Director of the Moreno Valley Community Services District and or it’s designed to execute the Second Amendment to the Telecommunications Lease Agreement with VB Run, LLC, a Delaware limited liability corporation, to extend the renewal terms for an additional five (5), five years (5 -years) with rents to be collected at a rate of I.6
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$3,543.93 per month and $100.00 per month for the maintenance fee, each to be adjusted annually by CPI or 3%, whichever is greater, and allow Licensee to sublease to applicable Sublicensees\Subtenants and compensate Licensor with a 50% revenue share of rents collected by Licensee in the month following collection by Licensee for the cell sit e located on the property at 15115 Indian Street, Moreno Valley, CA 92551, known as John F. Kennedy Park This alternative would result in a loss of potential revenue to the City.

FISCAL IMPACT

The proposed agreement will allow for continuation of annual License\Lease Rents from the Licensee to be collected at the annual revised rate that of either 3% or CPI, whichever is greater, and it will also provide revenue to the City of Moreno Valley for any sublicense \sublease rental payments. No identified sublic ensee\sublessee has been named but will be required of the Licensee upon effective day (fully execution) of this Second Amendment to the Telecommunications Agreement with VB Run LLC for the cell site located on the property at 15115 Indian Street, Moreno V alley, CA 92551, known as John F. Kennedy Park.

At a minimum, Licensee will be paying $3,543.93 per month for rents and $100.00 per months for Maintenance Fee for the 1 st year and thereafter a minimum of 3% or CPI, whichever is higher, more of the monthl y rental and maintenance fee for the facility; this revenue will be credited to Zone A Parks.

Revenue currently budgeted as follows for Year 1:

Cell Tower Rental Income (Account No. 5011-50-57-35210-463080) ............. $42,527.13 Graffiti Abatement Fees (Account No. 5011-50-57-35210-501000) .................. $ 1,200.00

NOTIFICATION

Posting of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Sharon Goodale Jeremy Bubnick
Management Analyst Director of Parks and Community Services

Concurred By: Concurred By:

Patty Yhuit Dan Monto
PCS Administration & Financial Services Division Manager Parks & Landscape Services Division Manager

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.

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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. 2nd Amendment

2. Int Transfer Agmnt

3. 1St Amendment US-CA-5259_GL_062615

4. Original AgreementUS-CA-5259_GL_010505

APPROVALS

Budget Officer Approval  Approved . 1/28/24 8:45 PM City Attorney Approval  Approved .

City Manager Approval  Approved . 1/29/24 8:38 AM I.6
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Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

1 Site Name: RV62XC902
Site Number: US-CA-5259

SECOND AMENDMENT TO CITY OF MORENO VALLEY
TELECOMMUNICATIONS LICENSE AGREEMENT - JOHN F. KENNEDY
VETERANS MEMORIAL PARK (SITE ID# RV62XC902)

SECOND AMENDMENT TO CITY OF MORENO VALLEY
TELECOMMUNICATIONS LICENSE AGREEMENT – JOHN F. KENNEDY MEMORIAL PARK (this “ Second Amendment”), is effective as of the date signed by Licensor (the “Effective Date”), by and between The City of Moreno Valley the Moreno Valley Community Services District and City of Moreno Valley Housing Authority (the “Licensor”), and VB RUN, LLC, a Delaware limited liability company (the “Licensee”), recites and provides:

RECITALS
WHEREAS, Licensor is the fee owner of certain real property located in Riverside County, California, as more particularly described on Exhibit A (the “Property”).

WHEREAS, Licensee, by way of assignment, is the Licensee under that certain City of Moreno Valley Telecommunications License Agreement by and between Licensor and Sprint PCS Assets, LLC, a Delaware limited lia bility company (Licensee) , dated as of January 4, 2005 (the “Original License Agreement ”), as amended by that certain Amendment No. 1 to: Sprint PCS Telecommunications License Agreement John F. Kennedy Veterans Memorial Park (the “ First Amendment” and together with the Original License Agreement , as assigned and as further amended herein, collectively, the VETRANS “License”).

WHEREAS, Licensor licenses to Licensee a portion of the Property, as more particularly described on Exhibit B (the “Premises”).

WHEREAS, Licensee owns, operates, and maintains one or more wireless communications towers, equipment, shelters, and other associated improvements on the Premises (“Improvements”).

WHEREAS, Licensor and Licensee now desire to amend the License as more particularly provided below.

AMENDMENT
NOW, THEREFORE, in consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.

1. Defined Terms; Recitals. Capitalized terms used but not defined herein shall have the meanings given to such terms in the License. The recitals set forth here and above are true and correct in all respects and are incorporated herein by reference.

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

2 Site Name: RV62XC902
Site Number: US-CA-5259

2. Additional Renewal Terms Section 4 of the License is amended to add Five (5) additional Five (5) year renewal periods (each an “Additional Renewal Term ”). Each such Additional Renewal Term shall be deemed automatically exercised by Licensee unless Licensee provides written notice to Licensor of non-renewal at least thirty (30) days prior to expiration of the then current term.

3. R ent Adjustments . As of the commencement of the Second Amendment, Sections

5.A., and 7.B. of the Original Agreement and Section 3. of the First Amendment (“Amendment No.1 to Sprint PCS TELECOMMUNICATIONS LICENSE AGREEMENT JOHN F. KENNEDY VETERANS MEMORIAL PARK (SITE ID# RV62XC902)”) shall be deleted in their entirety and replaced with the following revised Sections: 5. A. In consideration of the rights granted by this License, upon the Commencement Date, 01/01/2024
the Rent payable under the License shall be
Three Thousand Four Hundred Forty and 71/100 Dollars ($3,440.70) per month payable monthly, starting on the Commencement Date, which must be paid on or before the thirtieth (30 th) day following the due date of the Commencement Date provided herein. to the address Specified in Section 18 of the Agreement. Monthly Rent shall increase annually on the Commencement Date at a rate of either CPI based on the Riverside -San Bernardino-Ontario Index CPI (U) all items for 12 months or 3%, whichever is greater.

4. 7.B. Licensor shall be responsible for all graffiti removal and abatement at the Premises. Licensee shall pay a graffiti removal and landscape maintenance fee in the amount of One Hundred Dollars ($100.00) per month for said service. The monthly Maintenance fee shall increase annually at a rate of either CPI based on the Riverside- San Bernardino-Ontario Index CPI (U) all items for 12 months or 3%, whichever is greater.

5. In Revenue Share. In addition to and separate from the Rent, Licensee shall pay to the Licensor Fifty percent (50%) of rents actually collected by Licensee from any applicable Sublicensees/Subtenants, exclusive of non- recurring fees (e.g. structural analysis fees, mount analysis fees, and capital expenditures) and reimbursements (such as for taxes and utilities) (“Revenue Share”). The Revenue Share shall be paid to Licensor with the Rent in the month immediately following receipt by Licensee from the applicable Sublicensee/Subtenant. Upon reasonable written request, Licensee shall provide Li censor redacted copies of any applicable Sublicense/Sublease for the purpose of confirming relevant financial terms and information. For the purposes of this Section 3 , “Sublicensee/Subtenant” shall mean any national broadband carrier, subtenant, or licensee of Licensee, that: (i) has entered into a sublease or license with Licensee for the use of the Improvements on or after the Effective Date; (ii) is not paying any rent or fees directly to Licensor for the use of ground space related to the use of Licens ee’s Improvements; and (iii) is not the sole subtenant or licensee of Licensee. For the purposes of this Section 5, “Sublicensee/Sublease” shall mean any sublease or license between Licensee and a Sublicensee/Subtenant.

6. E xclusive Use. In addition to any other use rights granted by the License, Licensee shall have the exclusive right to use and sublicense/sublease the Premises for purposes of I.6.a
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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

3 Site Name: RV62XC902
Site Number: US-CA-5259
constructing, maintaining, and operating wireless communication infrastructure. Licensor shall not grant any right to a third -party which would affect all or part of the Premises in any way that competes, interferes, or conflicts with this exclusive use by Licensee.

7. Memorandum of License. Licensee shall be permitted to record a Memorandum of License, or Memorandum of Amendment of License, as applicable (“ MOL”), in the form attached as Exhibit C, reflecting the terms of the License as modified by this Amendment, and Licensor shall promptly execute such MOL at Licensee’s request.

8. S urvey of Premises . If an accurate, surveyed legal description of the Premises has not been incorporated into the License, Licensee may conduct an updated survey of the Premises, at Licensee’s sole cost and expense, to be used to replace any such erroneous legal descriptions, drawings, depictions, or site plans, previously attached as attachments, exhibits, schedules, or other supplements to the License, upon reasonable approve of the Licensor, which approval shall not be unreasonably withheld, conditional, or delayed. Such surveyed legal descriptions shall serve as the “Premises” under the License, shall supersede any other descriptions of the Premises in the License, shall be attached by Licensee through an additional “Premises Addendum” to the License at a later time, and may be done within five (5) years of the Effective Date

9. 8. N
otices. All notices under the License shall be delivered by Federal Express, or US certified mail return receipt requested, and addressed to:

If to Licensee:

VB RUN, LLC
c/o Vertical Bridge REIT, LLC
750 Park of Commerce Drive, Suite 200
Boca Raton, Florida 33487
Attention: General Counsel
Ref: US-CA-5259

If to Licensor:

The City of Moreno Valley
14177 Frederick Street
Moreno Valley , CA 92553

10. Estoppels. The Licensor shall, within ten (10) business days of the request of the Licensee or any lender or prospective lender of Licensee, provide an estoppel certificate as to any matters reasonably requested by the Licensee or Licensee’s lender.

11. C onfidentiality . With exception to the California Public R ecords Act, Licensor shall keep the terms of the License confidential, and shall not disclose any terms contained within the License to any third-party other than such terms as are set forth and recorded in an applicable I.6.a
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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

4 Site Name: RV62XC902
Site Number: US-CA-5259
memorandum of license, other than in connection with a bona fide third-party sale of the fee interest in the Property or in connection with financing by a third-party institutional bank or required by law.

12. Representations of Licensor. Licensor warrants and represents that: (i) it is the owner in fee simple of the Premises; (ii) it alone has full right to lease the Premises on the terms of the License, as amended; and (iii) it has the full authorization and authority to execute this Amendment.

13. C ounterparts/Digital Signatures . This Amendment may be executed in counterparts with the same effect as if both parties hereto had executed the same document. Both counterparts shall be construed together and shall constitute a single document. Delivery of a copy of this Amendment bearing an original signature by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. For the purposes of this section, “original signature” means or refers to a signature that has not been mechanically or electronically reproduced.

14. R
atification . Except as amended and modified herein, the License is ratified and confirmed in all respects and shall continue in full force and effect. In the event of any dispute between the terms of the License and this Amendment, the terms of this Amendment shall govern and supersede those set forth in the License.
[The remainder of this page is intentionally blank; signature page follows.] I.6.a
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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Effective Date signed by the Licensor.

LICENSOR:

CITY OF MORENO VALLEY, A MUNICIPAL

CORPORATION
By: ___________________________
Name: Mike Lee
Title: City Manager City of Moreno Valley
and Executive Director of the Moreno Valley
Community Services District

Date:____________________________

LICENSEE:

VB RUN, LLC

By: ___________________________
Name: Adam Ginder
Title: VP and Associate General Counsel

Date:____________________________

ATTEST:

By: ___________________________
Name: Jane Halstead
Title: City Clerk City of Moreno Valley
and Secretary of the Moreno Valley Community Services
District
Date:____________________________

APPROVED AS TO LEGAL FORM:

By: ___________________________
Name: _________________________
Title: City Attorney for the City of Moreno Valley

Date:____________________________

RECOMMENDED FOR APPROVAL:

By:______________________________
Name: Jeremy Bubnick
Title: Parks and Community Services Director
City of Moreno Valley

Date:____________________________

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259
Exhibit A
Description of the Property (Parent Parcel)

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259
Exhibit B
Legal Description of the Premises

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259
Exhibit C
Form of Memorandum of License

[SEE ATTACHED]

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259

_____________________________________________________________________________________ (Above 3” Space for Recorder’s Use Only)
Upon Recording Return to:

Vertical Bridge REIT, LLC
750 Park of Commerce Drive, Suite 200
Boca Raton, Florida 33487
Attn: General Counsel

Site Name: RV62XC902
Site Number: US-CA-5259

SECOND MEMORANDUM OF AMENDMENT TO CITY OF MORENO VALLEY

TELECOMMUNICATIONS LICENSE AGREEMENT
This Second Memorandum of Amendment to City of Moreno Valley Telecommunications License Agreement (“ Memorandum”) evidences a City of Moreno Valley Telecommunications License Agreement , dated January 4, 2005 (the “ License”) by and between The City of Moreno Valley the Moreno Valley Community Services District and City of Moreno Valley Housing Authority , whose address is 14177 Frederick Street, Moreno Valley , CA 92553 (“Licensor”), and VB RUN, LLC, a Delaware limited liability company, whose mailing address is 750 Park of Commerce Drive, Suite 200, Boca Raton, Florida 33487 (“Licensee”).

WHEREAS, Lice nsor owns certain real property (the “ Property”) described on Exhibit A -1 attached hereto.

WHEREAS, pursuant to the License, L icensor Licenses/leases to Licensee a portion of the Property (the “Premises”) described on Exhibit A-2 (and together with Exhibit A-1, collectively, Exhibit A).

WHEREAS, the License commenced on August 28, 2005, for an initial term of Five (5) years, with Five (5) renewal terms of Five (5) years each, and the Lease was amended to add Five (5) additional Five (5) year renewal terms.

WHEREAS, the License, as amended, further provides as follows:

1. The Premises may be used exclusively by Licensee for certain purposes, including without limitation, erecting, installing, operating, reconstructing, and maintaining certain radio and communications towers, buildings, and equipment.

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259

2. Licensee is entitled to sublease and/or sublicense the Premises, includ ing any communications tower located thereon.

3. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the License. In the event of a conflict between the provisions of this Memorandum and the provisions of the License, the provisions of the License shall control. The License shall be binding upon and inure to the benefit of Licensor and Licensee and shall inure to the benefit of their respective heirs, successors, and assigns, subject to the provisions of the Lease.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE]
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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM as of the date last signed by a party hereto.

WITNESSES:

Name:

Name:

LICENSOR:

The City of Moreno Valley

By:

Name:

Title:

Date:

CALIFORNIA ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

State of California

County of _____________________________)

On , 20 before me,
(insert name and title of the officer) personally appeared (name of signatory), who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259

[Licensee’s Signature Page to Memorandum]

CALIFORNIA ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

STATE OF FLORIDA

COUNTY OF PALM BEACH

The foregoing instrument was acknowledged before me this , 20 , by (name of signatory),
(title of signatory) of VB RUN, LLC, a Delaware limited liability company, on behalf of the company. He/she is personally known to me.

Notary Public

Print Name:

My Commission Expires:

WITNESSES:

Name:

Name:

LICENSEE:

VB RUN, LLC,
a Delaware limited liability company

By:

Name:

Title:

Date:

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259

EXHIBIT A
(TO MEMORANDUM OF LEASE)

EXHIBIT A-1
The Property

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Cell Site Number: US-CA-5259
Cell Site Name: John F. Kennedy Park (RV62XC902)
Address:15115 Indian Street, Moreno Valley, CA 92551

Site Name: RV62XC902
Site Number: US-CA-5259

EXHIBIT A-2
The Premises

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Attachment: 2nd Amendment (6526 : Second Amendment to Telecomunications Agreement with VB Run LLC) Execution Version

INTERNAL TRANSFER AGREEMENT
This INTERNAL TRANSFER AGREEMENT (this “Agreement”), dated as of April 28 , 2021, is by and among T-Mobile USA, Inc., a Delaware corporation (“T-Mobile”), the Affiliates of T-Mobile that are identified as “T-Mobile Affiliates” on the signature page hereto (collectively with T-Mobile, the “Transferors” and, individually, each, a “Transferor”), and each Affiliate of T-Mobile that is identified as a “Sale Site Subsidiary” on the signature page hereto ( each, a “Transferee” and, collectively, the “Transferees”). Each Transferor and Transferee may hereafter be referred to as a “Party” and, collectively, as the “Parties”. Initially capitalized terms used but not defined in this Agreement shall have the meanings given to them in the PSA (as defined below).

WITNESSETH:

WHEREAS, the Parties, Vertical Bridge Towers III, LLC, a Delaware limited liability company (“VBIII”), and Vertical Bridge NTCF, LLC, a Delaware limited liability company (“VBNTCF”), intend to enter into a certain Purchase and Sale Agreement (as amended, modified, and supplemented from time to time, the “PSA”) on April 29, 2021; and WHEREAS, in accordance with Section 2.2(a) of the PSA, the Parties are entering into this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Parties agree as follows:

1. Internal Transfer Transactions.

a. Effective as of immediately prior to the Initial Closing (but before giving effect to the transactions in Section 1(b) below), each Transferor (other than SprintCom, Inc., a Kansas corporation (“SprintCom”)) hereby conveys, assigns, transfers and delivers to SprintCom, and SprintCom hereby acquires, accepts and assumes from each such Transferor, all of each such Transferor’s right, title and interest in, to and under the Included Property, the related Collocation Agreements and the related Site Leases, in e ach case, with respect to the Assignable Sites identified on Schedule 1 or Schedule 2 hereto held by each such Transferor (collectively, the “Section 1(a) Assignable Site Assets”), but, in each case, specifically excluding all Excluded Assets. Each such Transferor hereby delegates to SprintCom, and SprintCom hereby assumes, all of the Post -Closing Liabilities of each such Transferor with respect to the Section 1(a) Assignable Site Assets, but specifically excluding all Excluded Liabilities and Pre-Closing Liabilities.

b. Effective as of immediately prior to the Initial Closing (but after giving effect to the transactions in Section 1(a) above), SprintCom hereby contributes, conveys, assigns, transfers and delivers to the applicable Transferee identified on Schedule 1 or Schedule 2 hereto, and the applicable Transferee hereby acquires, accepts and assumes from SprintCom, all of SprintCom’s right, title and interest in, to and under the Included Property, the related Collocation Agreements and the related Site Leases, in each case, with respect to the Assignable Sites identified on Schedule 1 or Schedule 2 hereto (collectively, the “Section 1(b) Assignable Site Assets”), but, in each case, specifically excluding all Excluded Assets. SprintCom hereby delegates to the Transferee set forth on Schedule 1 or Schedule 2 hereto, and the applicable Transferee hereby assumes, all of the Post -Closing Liabilities I.6.b
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2 of SprintCom wi th respect to the Section 1(b) Assignable Site Assets, but specifically excluding all Excluded Liabilities and Pre-Closing Liabilities.

c. For the avoidance of doubt, nothing in this Agreement is intended to modify or alter the provisions of the PSA relating to Taxes (including, with limitation, Section 2.10 of the PSA).

2. Acknowledgement. The conveyances hereunder are without recourse to each Transferor except as otherwise provided herein (including the covenants, representations and other agreements set forth herein), in the PSA, or in any other Collateral Agreement. Each Party consents to and approves of the transactions contemplated in this Agreement. Each Party represents and warrants to the other Parties that the execution, delivery and performance by such Party of this Agreement and the consummation of the transactions contemplated hereby is subject to the terms and conditions set forth in the PSA.

3. Further Assurances. The Parties shall use commercially reasonable efforts to take, or cause to be taken, all appropriate action to do, or cause to be done, all things necessary, proper or advisable under applicable Law or otherwise to consummate and make effective the transactions contemplated by this Agreement, the PSA, and the other Collateral Agreements.

4. Assignments; Transfers of Certain Assets and Liabilities. a. Notwithstanding anything in this Agreement, the PSA or any Collateral Agreement to the contrary, but without limiting any of the Parties’ duties and obligations arising under this Agreement, neither this Agreement nor any Collateral Agreement shall constitute an assignment, sublease, transfer or other conveyance of any claim, contract, license, lease, sublease or commitment if an attempted assignment, sublease, transfer or other conveyance thereof, w ithout the Authorization or consent of a third-party thereto, would constitute a breach or violation thereof, but only to the extent such Authorization or consent has not been obtained. b. To the extent that, after the consummation of the transactions contemp lated by this Agreement, the Transferee has acquired or assumed in connection with the transactions contemplated by this Agreement any Excluded Assets, Excluded Liabilities or Pre-Closing Liabilities, the Parties shall take all actions necessary to effectuate the assignment, transfer, conveyance or delivery of any such Excluded Assets, Excluded Liabilities and Pre -Closing Liabilities back to the applicable Transferor set forth on Schedule 1 or Schedule 2 hereto.

5. True Sale or Absolute Conveyance; Solvency. The conveyances hereunder are intended by the Parties to be “true sales” or absolute conveyances at Law. The Parties each agree to record each conveyance as a sale or purchase, dividend or capital distribution or capital contribution, as the case may be, on its books and records, and reflect each conveyance in its financial statements as a sale or purchase, dividend or capital distribution or capital contribution, as the case may be, unless otherwise required by applicable accounting principles. Each Party represents and warrants that it is solvent at the time of each conveyance hereunder, and that as a result of such conveyance, such Party will not be left insolvent.

I.6.b
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3 6. Entire Agreement. This Agreement shall be subject to and governed by the term s and conditions of the PSA. This Agreement, the PSA and the Collateral Agreements constitute the entire agreement among the Parties with respect to the subject matter of this Agreement and supersede all prior agreements, both written and oral, among the Parties with respect to the subject matter of this Agreement.

7. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which will constitute one and the same agreement.

Any signature pages of this Agreement transmitted by telecopier or by electronic mail in portable document format will have the same legal effect as an original executed signature page.

8. Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Jury Trial. THIS

AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH

THE LAWS OF THE STATE OF WASHINGTON AS TO ALL MATTERS, INCLUDING

MATTERS OF VALIDITY, CONSTRUCTION, EFFECT, PERFORMANCE AND

REMEDIES (WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION). Each Party agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions contained in or contemplated by this Agreement exclusively in the Seattle courthouse of the United States District Court for the Western District of Washington or any Washington state court sitting in the city of Seattle and appellate courts having jurisdiction of appeals from any of the foregoing (the “Chosen Courts”), and, solely in connection with claims arising under this Agreement or the transactions that are the subject of this Agreement, (i) irrevocably submits to the exclusive jurisdiction of the Chosen Courts, (ii) waives any objection to laying venue in any such action or proceeding in the Chosen Courts, (iii) waives any objection that the Chosen Courts are an inconvenient forum or do not have jurisdiction over any Party and (iv) agrees that service of process upon such Party in any such action or proceeding shall be effective if notice is given in accordance with Section 10. EACH PARTY IRREVOCABLY WAIVES

ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT

OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY. Notwithstanding the foregoing, the enforcement of this Agreement with respect to a particular Sale Site as to matters relating to real property and matters mandatorily governed by local law, shall be governed by and construed in accordance with the laws of the state in which the applicable Sale Site is located.

9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns.

10. Notices. All notices and other communications required or permitted to be given or delivered under this Agreement shall be given in accordance with Section 12.5 of the PSA.

11. Amendment. This Agreement may not be amended or modified except by a written agreement signed by authorized representatives of all of the Parties.

12. Specific Performance. Each Party recognizes and agrees that, in the event of any failure or refusal by any Party to perform its obligations required by this Agreement, remedies at Law would be inadequate, and that in addition to such other remedies as may be available to it at Law, in equity or pursuant to this Agreement, each Party may seek injunctive relief and may enforce its rights under, and the terms and provisions of, this Agreement by an I.6.b
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4 action for specific performance to the extent permitted by applicable Law. Each Party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Subject to Section 8 , nothing contained in this Agreement shall be construed as prohibiting any Party from pursuing any other remedies available to it pursuant to the provisions of this Agreement or applicable Law for such breach or threatened breach, including the recovery of damages.

13. Collateral Agreement . The Parties acknowledge and agree that this Agreement constitutes a Collateral Agreement for purposes of the PSA.

14. Severability. If any term or provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of Law or public policy, all other conditions and provisions of this Agreement shall nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.

15. Effect on PSA . Except as expressly provided in this Agreement, no provision of this Agreement shall in any way modify the express provisions set forth in the PSA. To the extent any provision of this Agreement is inconsistent with the PSA, the provisions of the PSA shall control. Without limiting the generality of the foregoing, nothing in this Agreement is intended to alter or modify any rights or remedies of the Parties to indemnification under th e PSA or the other Collateral Agreements (including, without limitation, Section 2.10(a) of the PSA or Article 10 of the PSA). [Remainder of Page Blank – Signature Page Follows]

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-- Signature Page to Internal Transfer Agreement --

IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date first written above.

T-MOBILE:

T-MOBILE USA, INC.

By:

Mike Simpson, SVP, Chief
Procurement Officer, Technology

T-MOBILE AFFILIATES:

APC REALTY AND EQUIPMENT COMPANY,
LLC

CLEAR WIRELESS LLC
SPRINT PCS ASSETS, L.L.C.

SPRINT SPECTRUM LLC

SPRINT SPECTRUM REALTY COMPANY, LLC
SPRINTCOM, INC.

NEXTEL COMMUNICATIONS OF THE MID-
ATLANTIC, INC.

NEXTEL WEST CORP.

PRWIRELESS PR, LLC

T-MOBILE CENTRAL LLC

T-MOBILE NORTHEAST LLC

T-MOBILE SOUTH LLC

T-MOBILE WEST LLC

T-MOBILE PUERTO RICO LLC

METROPCS FLORIDA, LLC

METROPCS NEW YORK, LLC

METROPCS PENNSYLVANIA, LLC

By:

Mike Simpson, SVP, Chief Procurement
Officer, Technology

SALE SITE SUBSIDARIES:

VBT SUB 2, LLC

VB RUN, LLC

By: SPRINTCOM, INC., as managing member

By:

Mike Simpson, SVP, Chief Procurement
Officer, Technology

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Report to City Council

ID#6493 Page 1
TO: Mayor and City Council

FROM: Kenneth Reichle, Chief of Police

AGENDA DATE: February 6, 2024

TITLE: ACCEPTANCE OF THE TO BACCO LAW ENFORCEMEN T

GRANT PROGRAM AWARD, MEMORANDUM OF
UNDERSTANDING AND RESOLUTION NO. 2024-XX

RECOMMENDED ACTION
Recommendations:

1. Accept the Tobacco Law Enforcement Grant Program grant award in the amount of $123,850 for overtime costs to conduct tobacco enforcement operations in Fiscal Years 2025/26 and 2026/27.

2. Authorize the Chief Financial Officer to appropriate $123,85 0 as revenue and expense per fiscal year in Fund (2300) beginning in Fiscal Year 2024/25 and carrying over program budget over the grant period.

3. Approve the Memorandum of Understanding between the City of Moreno Valley and the Department of Justice regard ing the Tobacco Law Enforcement Grant Program award.

4. Adopt Resolution No. 202 4- XX a Resolution of the City Council of the City of Moreno Valley, California, authorizing the City Manager to execute the agreement with the State of California Department of Justice.

SUMMARY

This report requests that the City Council accept the $123,850 Tobacco Law Enforcement Grant Program award, appropriate funds for overtime to conduct tobacco enforcement operations for FY 2025/26 and FY 2026/27, approve the Memorandum of Understanding between the City of Moreno Valley and the Department of Justice (DOJ) regarding the Tobacco Law Enforcement Grant Program award, and approve and adopt Resolution No. 2024-XX.

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The DOJ Tobacco Grant Program grant cycle FY 2023/24 includes fiscal years 2023/24, 2024/25, 2025/26, and 2026/27. However, because the 2021/22 grant cycle overlaps fiscal years 2023/24 and 2024/25, the current Tobacco Law Enforcement Grant Program award will only fund tobacco -related enforcement overtime in fiscal year s 2025/26 and 2026/27.

DISCUSSION

The California Healthcare, Research and Prevention Tax Act of 2016 (Proposition 56) provides local public agencies with funding to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products to minors. The Proposition specifically allocates $30 million of annual revenue to the California Department of Justice (Rev. & Tax Code, § 30130.57(e)(1) . These funds support local agencies to enforce tobacco -related statutes and ordinan ces, including to reduce the illegal sale of tobacco products to minors.

The City of Moreno Valley is committed to providing a safe environment for the citizens of Moreno Valley. The Moreno Valley Police Department has determined that a number of calls for service are being generated related to licensed tobacco retailers in the City.

Some of these calls involve minors and adults under the age of 21 buying tobacco and/or electronic smoking devices and soliciting adults over the age of 21 to buy tobacco prod ucts for them. To address the sale of tobacco products to minors and underage adults, staff has identified a grant to assist law enforcement with their efforts to reduce problems and calls for service at licensed tobacco retailers.

There are approximately 88 licensed tobacco retailers within the City of Moreno Valley.

Although most avoid the attention of law enforcement, there are some that have generated calls for service relating to tobacco sales. The time spent by Moreno Valley Police Department deputie s could be better spent assisting the community with other issues. In addition, the citizens of Moreno Valley suffer because of the problems that spill out into the community relating to long term health effects relating to adolescents’ exposure to tobacco products.

The California Department of Public Health has confirmed that exposure to nicotine during adolescence can harm brain development and predispose youth to future tobacco use. These health effects can intensify anxiety and aggression and cause learning disabilities. In addition, long term exposure can cause lung/heart disease and many types of cancer.

The Moreno Valley Police Department will execute up to eight (8) “Minor Decoy” operations per fiscal year. The “Minor Decoy” program allows law enforcement agencies to use persons under 20 years of age as decoys for the purpose of purchasing tobacco beverages from licensed premises. The use of underage decoys to check whether licensees are selling tobacco products to minors can show a dramatic drop i n the illegal activity when the “Minor Decoy” program is repeatedly used.

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Minor Decoys can be used in “Shoulder Tap” operations whereby persons under the age of 21 solicit persons to purchase and furnish them with tobacco products. During the program, a minor decoy, under the direct supervision of law enforcement officers, solicits adults outside a licensed store to buy the minor tobacco products. Any person seen furnishing these products to the minor decoy is arrested (either cited or booked) for furnishing tobacco products to a minor (a violation of Section 25658(a) Business and Professions Code).

Other proactive Problem Oriented Policing (POP) Team activity includes ensuring tobacco retailers are incompliance with state tobacco sales laws including ens uring the retailers are not engaged in the sale of “loosies,” or single cigarettes. The operations will be conducted throughout the City to dissuade licensed establishments from selling tobacco products to minors.

ALTERNATIVES

Council has the following alternatives:

1. Approve and authorize the recommended actions as presented in this staff report. This alternative will allow for the Moreno Valley Police Department to conduct tobacco enforcement operations.

2. Do not approve and authorize the recommended actions. This alternative restricts the ability for the Moreno Valley Police Department to conduct tobacco enforcement operations.

FISCAL IMPACT

The DOJ Tobacco Grant Program FY 2023/24 grant cycle includes fiscal years with grant awards previously allo cated to the City of Moreno Valley. Those fiscal years previously awarded by the FY 2021/22 grant cycle include FY 2022/23, FY 2023/24, and FY 2024/25.

The current grant cycle award is for FY 2025/26 and FY 2026/27 with a reimbursement distribution of $123,850 cycling as follows:

 $60,250 in expenditures for FY 2025/26
 $63,600 in expenditures for FY 2026/27

Carryover procedures will occur through FY 2026/27 to ensure reimbursement funds are available through the current award cycle.

Description Fund GL Account No. Type
(Rev/Exp)
FY 24/25
Budget
FY 24/25
Proposed
Amendment
FY 24/25
Amende
d Budget
Tobacco Grant
Revenue
2300 60-69-76413-486000 Rev $0 $123,850 $123,850
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Tobacco Grant
Expense
2300 60-69-76413-620320 Exp $0 $123,850 $123,850

NOTIFICATION

N/A

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Shanna Palau Kenneth Reichle
Senior Contracts Analyst Chief of Police

Concurred By:

Timothy Brause
Lieutenant

CITY COUNCIL GOALS
Public Safety. Provide a safe and s ecure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Moreno Valley, City of_ Award Letter

2. Moreno Valley, City of_MOU 2023-24

3. 2023-24 Resolution_Tobacco Grant Award

APPROVALS

Budget Officer Approval  Approved . 1/28/24 9:20 PM I.7
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City Attorney Approval  Approved .

City Manager Approval  Approved . 1/29/24 8:39 AM I.7
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Rob Bonta
Attorney Gener al
DIVISION OF OPERATIONS
OFFICE OF THE CHIEF
GRAN
T SERVICES BRANCH
TOBACCO GRANT PROGRAM
P.O. Box 160187
Sacramento, CA 95816‐0187
Telephone: (916) 210‐6422
E‐Mail Address: [email protected]
October 11, 2023
Tyson Voss, Lieutenant
City of Moreno Valley
22850 Calle San Juan de Los Lagos
Moreno Valley, CA 92553
Re:  Tobacco Grant Award Notification Fiscal Year 2023‐24 (RFP: DOJ‐PROP56‐2023‐24‐1) Dear: Lieutenant Voss
Congratulations! On behalf of the California Department of Justice (DOJ), Tobacco Grant Program, I am pleased to inform you that your agency’s grant application for the fiscal year 2023‐24 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency’s grant award is $123,850.

The Tobacco Grant Program’s award process is highly competitive, and for the 2023‐24 grant cycle, the Department received over $48 million in requests. As noted in the application materials, grant funding prioritized support for local retailer enforcement and education efforts, including enforcement of flavored tobacco bans. Consequently, some awards were approved with modifications based upon funding priorities.

To accept the 2023‐24 grant award, please complete and return the following by email within 15 calendar days of the date of this letter:

1. Signed Letter of Intent (template attached), affirming either:
a. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); or
b. No governing body exists and no resolution is required.

17. Summary of Award (template attached)
Please email the signed Letter of Intent and Summary of Award as indicated above to [email protected] with the subject line including the name of your agency: “FY 23‐ 24_Letter of Intent_Moreno Valley, City of.” Upon receipt of this information, the Department will provide your agency with additional documents for execution/use (e.g., Memorandum of I.7.a
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Attachment: Moreno Valley, City of_ Award Letter (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM AWARD,

October 11, 2023

Understanding, Grantee Handbook, etc.). These documents will contain more information about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence November 1, 2023.

Should you have any questions regarding this letter or the required follow up information, please em ail  [email protected].

Sincerely,

STACY HEINSEN
Manager, Tobacco Grant Program

For  ROB BONTA
Attorney General

Attachments:

Letter of Intent
Summary of Award
Budget Detail
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Attachment: Moreno Valley, City of_ Award Letter (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM AWARD,

Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
City of Moreno Valley DOJ-PROP56-2023-24-1-016

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the City of Moreno Valley (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2023-24 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program ( “TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated March 2023), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ, or offer an addendum to the Grantee to reflect the reduced amount.

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Attachment: Moreno Valley, City of_MOU 2023-24 (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM AWARD, City of Moreno Valley DOJ-PROP56-2023-24-1-016

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.

Assignment – T his MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – G rantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/1/2023 – 6/30/2027

Award Amount
Category of Expenditure Budget
FY 2023-2024
Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Personal Services $ $ $0 $0
Operating Expenses and
Equipment $ $ $60,250 $63,600
Administrative Costs (Not to
Exceed 5%) $ $ $0 $0
TOTAL AWARD AMOUNT $123,850

The time limit for reimbursements against this award ends 6/30/2027. Requests for reimbursement received after 7/15/2027 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Shanna Palau
Senior Contracts Analyst
City of Moreno Valley
22850 Calle San Juan de Los Lagos
Moreno Valley, CA 92553
951-486-6788
[email protected]

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Attachment: Moreno Valley, City of_MOU 2023-24 (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM AWARD, City of Moreno Valley DOJ-PROP56-2023-24-1-016

AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Grant Services Branch, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.

___________________________________ ___________________ Mike Lee Date
City Manager
City of Moreno Valley

___________________________________ ___________________ Kenneth Reichle Date
Chief of Police
City of Moreno Valley

______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice

___________________________________ ___________________ STACY HEINSEN, Administrative Manager Date
Division of Operations
California Department of Justice

__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice

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Attachment: Moreno Valley, City of_MOU 2023-24 (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM AWARD, Attachment “_“
1 Resolution No. 2024-____
Date Adopted: February 6, 2024
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA TO ACCEPT GRANT
FUNDS IN THE AMOUNT OF $ 123,850 FROM THE STATE

OF CALFORNIA DEPARTMENT OF JUSTICE, OFFICE OF

ATTORNEY GENERAL, TOBACCO LAW ENFORCEMENT

GRANT PROGRAM

WHEREAS, t he City of Moreno Valley is interested in participating in the Tobacco Law Enforcement Grant Program, which is made available through the California Healthcare Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) and administered by the State of California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors in the City; and WHEREAS, following the City’s submittal of proposal for the Program, the State of California DOJ offered to award $123,850 for the grant program beginning November 1, 2023 and ending June 30, 2027; and
WHEREAS, Grant funds will be used for Riverside County Sheriff’s Department contract services overtime costs related to tobacco enforcement operations; and WHEREAS, in order to be considered eligible to receive grant funding, the City must submit a completed Grant Award Memorandum of Understanding to the State of California DOJ;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. The City Manager or designated representative is hereby authorized, on behalf of the City, to accept grant funding in the amount of $ 123,850 from the State of California DOJ.

2. The City Manager or designated representative is hereby authorized and directed, on behalf of the City, to execute the grant documents and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant.

3. The City Manager or designated representative is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this resolution.

4. Grant funds received hereunder shall not be used to supplant ongoing law I.7.c
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Attachment: 2023-24 Resolution_Tobacco Grant Award (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM 2 Resolution No. 2024-____
Date Adopted: February 6, 2024
enforcement expenditures.

APPROVED AND ADOPTED this 6th day of February 6, 2024.

___________________________
Mayor of the City of Moreno Valley

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney

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Attachment: 2023-24 Resolution_Tobacco Grant Award (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM 3 Resolution No. 2024-____
Date Adopted: February 6, 2024

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2024-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of February, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: 2023-24 Resolution_Tobacco Grant Award (6493 : ACCEPTANCE OF THE TOBACCO LAW ENFORCEMENT GRANT PROGRAM

Report to City Council

ID#6523 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: February 6, 2024

TITLE: REVIEW AND CONSIDER THE ART COMMISSION'S

APPROVAL OF PUBLIC A RT REQUEST FOR FUNDI NG

APPLICATION - MARYAM CROGMAN MURAL MAIN

LIBRARY

RECOMMENDED ACTION
Art Commission’s Recommendations: That the City Council:

1. Receive and file the artist presentation; and

2. Review and consider the Art Commission’s approval of Public Art Request for Funding Application from Maryam Crogman for the creation and installation of a 1,674 square foot mural “MoVal Reads” at the Moreno Valley Main Branch 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.

SUMMARY

This report recommends that the Council review and consider the Art Commission’s approval of the Public Art Program Request for Funding Application submitted by Maryam Crogman for the inclusion of AR animation effects on the previously approved 1,674 square foot mural to be located outs ide of the Moreno Valley Main Branch Library. The amount of funding being requested by the applicant is $41,266.92.

If approved, Parks & Community Services staff will work with the selected applicant to enter into a Professional Services Agreement to complete the proposed project.

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The Public Art Program will utilize funding from Development Impact Fees (DIF) -Public Art Fund 2916.

DISCUSSION

On June 20, 2023, the City Council approved the City of Moreno Valley’s Public Art Policy which includes guidelin es regarding submittal process, selection criteria, installation, deinstallation, and agreements as it relates to the Public Art Program. It further considers the role of the Arts Commission and calls for City Council to make the final decision on all public art on City of Moreno Valley property.

Per the approved Public Art Policy, “Public Art” is defined as artistic works created by artists as unique and original works located in a public space or facility and accessible to the public. Public Art includ es works of a permanent or temporary nature. “Public Art” can be in the form of exhibit, performance, installation, integration of art and architecture, and a unique physical environment or feature that integrates art in the city.

Eligible mediums include but are not limited to painting, mural, drawing, sculpture, photography, landscaping, water feature, components of a building, works of sound and/or light, and spoken word. Mass produced or standardized art, mechanical reproductions, or directional signage are not eligible mediums.

During a meeting held on January 24,2024, the Arts Commission approved the subject application to be forwarded to the City Council for review and final funding consideration.

ALTERNATIVES

1. Approve the Art Commission’s recommendations; or

2. Do not Approve the Art Commission’s recommendations; or

3. Provide Staff with alternate direction.

FISCAL IMPACT

Funding for the Public Art Program is available through DIF Public Art Fund 2916.

If approved, a budget adjustment would be requested as outlined below:

Description Fund GL Account No. Type
(Rev/Exp)
FY 23/24
Budget
Proposed
Adjustments
FY 23/24
Amended
Budget
Transfer to
(Other Funds)
2916 DIF
Public Art
2916-99-95-92916-903316 Rev $111,435 $41,267 $152,702
Transfer in -from
DIF Public Art
3316 3316-99-99-93316-802916 Rev $111,435 $41,267 $152,702 K.1
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Improvements
Other than Bldg
3316 3316-50-59-35323-660610
Project No. PCS ART -

MURALS-MAIN LIBRARY
Exp $0 $41,267 $41,267

NOTIFICATION

Posting of Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Yhuit Jeremy Bubnick
PCS Admin & Fin Services Division Manager Parks & Community Services Director

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

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

Community Image, Neighborhood Pri de 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

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

1. Application-M.Crogman_Mural_Library

2. Mock Up_M.Crogman_Main Library

3. Budget_M.Crogman_Main Library
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APPROVALS

Budget Officer Approval  Approved . 1/29/24 8:07 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 1/29/24 3:16 PM K.1
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Sunday, December 3, 2023
Public Art Application
The City Council continues to support community identity by encouraging development and display of public art to promote the history, heritage, culture, and contemporary identity of Moreno Valley. The goal of the Moreno Valley Public Art program is to offer an opportunity for local artists and business owners to create a distinctive sense of place and pride in Moreno Valley city facilities, parks, utility boxes, streets, and open spaces.

Requirement Checklist (do not move
forward with the application until all
applicable items are available to
upload)
Proposed project concepts / mock‐up of design
Project Schedule – planning, prep, design, execution
Examples of previous artwork
Itemized Budget Allocation (if additional document
is needed)
Resume/CV References
Additional Supporting Materials – For example,
portfolio, video files, articles, etc.

Artist Information
Full Name Maryam Crogman
Are you a resident of the City of
Moreno Valley No
Contact Person Title Artist
E-mail [email protected]
Phone Number (951) 505-2408
Address 18318 Barton Rd
Riverside, CA, 92508
United States
Briefly describe your experience as an artist or involvement in public art projects:

I am an eclectic artist, community organizer, author and educator and entrepreneur, owner of L’Expression Creative Studios a local art education studio. One of my favorite activities in the past few years has been to organize community murals events, and to create projects that uphold community pride, belonging and 1 Document ID: 233368883523061
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Attachment: Application-M.Crogman_Mural_Library (6523 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART REQUEST history. I have built community art events and murals for Riverside, San Bernardino, Redlands, and Moreno valley. Having the city decorated in positive images and messages can make a big difference in the sense of belonging and projection toward a positive future in the life of our youth and upcoming leaders.

My main themes are diversity, education, culture, service and positive motivational messaging. In the last 3 years I have dedicated more time in creating public artwork for the community. In 2021 created L'Expression Creative Studios in Riverside, and recently opened activities in Moreno Valley, to allow youth and adults to come create images that represent them, learn art techniques, the place of culture in the arts, and destress in a motivating and fun environment. In 2024 I'd like to become increasingly involved in the expansion of art and positive imagery in the community of Moreno Valley.

Personally, I create series that represent the common people, and famous figures who changed the lives of others through service, social justice and sacrifice. I enjoy painting in large formats with acrylic, oil pastel, simple lines, and bold colors.

Social Pages
Website: www.lxpstudios.com www.almatreb.com
Instagram: @lxp_studios and @almatreb
Facebook: https://www.facebook.com/LXPstudios
Project Details
Will you be requesting monetary
funds? Yes
If you responded yes to the above,
what is the amount requested?
41266.92
Project type (check all that apply)Mural
Provide a brief itemized list of your budget allocation:

ITEM Cost Details
Artist Fee $33,482.8 Research, design, project lead Artist rate per sqft: $20
Dimension: 21ft long, 102 ft high
Area sqft: 1674.14ft2
Local MoVal Artist
Support Staff $3,000 Experienced and emerging local artist support staff
Materials $2,337 • Drop cloth, Cart, Buckets, Aprons, Outdoor projector; Tape, Gloves, Wipes, Brush,
Roller brush, Painters plastic. …ect
• Paint, Primer, Anti-graffiti coating, Pain
pens
Equipment rental $2,155 Pressure wash, lift Tax $2,92.12
Total Budget $41,266.92
2 Document ID: 233368883523061
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Attachment: Application-M.Crogman_Mural_Library (6523 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART REQUEST I request a minimum of 50% deposit per project before the work starts.

Project description:

This mural features people of all hues, ages, and background coming to the library as well as books and a positive message designed to motivate pride in Moreno Valley and the healthy habits that it's residents develop.

CONCEPT DESIGN [January-February 2024]
The project is planned to last 4 months. The first month is for research on the location, talking to the staff and visitors, learning their culture and updating design if needed.

DESIGN EXECUTION [March-May 2024]
Execution will take place at the site, weather and conditions permitting.

Month#1: Material acquisition, scouting place, safety planning Month#2 to 3.5: Surface treatment and painting
Month#4: Finalize details, anti-graffiti coating, mural reveal party & photo session Estimated completion May 30th 2024
Proposed project location (include
district and address):
25480 Alessandro Blvd, Moreno Valley, CA 92553
Photo of proposed project location:

PDF MoVal Arts Library Large - pr… .pdf
Identify organizations and/or
individuals you will be working with or
collaborating with on this project:

Moreno Valley local artists
Describe the goal/objective of your project:

Books make the mind travel and open people to culture. Nowadays libraries do much more than housing books, they’re hub of education and resources for entire communities. Libraries save lives! I hope, along with the local artists I’d like to involve in this (and future) project, that visitors will feel welcome and energized by the message and call to action inviting Moreno Valley residents to stay connected to literary resources.

We will be intentional with representing folks that look like the community that visits the library every day.

It is our habit to engage with the passers by and the community while we work, we hope to do so in this instance. When safe and if authorized we'll allow some community members to lightly participate in lower tier mural painting.

Will project include community outrea
ch or engagement?
(ex. community or volunteer day, work
shop, etc.)
Yes
If yes, please describe: Passers by and library staff engagement 3 Document ID: 233368883523061
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Attachment: Application-M.Crogman_Mural_Library (6523 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART REQUEST Has the City of Moreno Valley
provided funding to you in the past? No
Approximately how many people will
participate or have the opportunity to
view your project:
3 Additional Information Regarding Your Project:

This project means a lot to me for the following reasons.

Growing up, our mother who had dropped out of highschool made it her mission that we’d be in the library every day before going to the park. Nature and books were her gift to teach us how to live and solve life’s challenges. Books changed our lives. Books make the mind travel and open people to culture. Nowadays libraries do much more than housing books, they’re hub of education and resources for entire communities. Libraries save lives!
I hope, along with the local artists I’d like to involve in this (and future) project, that visitors will feel welcome and energized by the message and call to action inviting Moreno Valley residents to stay connected to literary resources.

Please Upload the Following Items Below:

Proposed project concepts / mock‐up of design
Project Schedule – planning, prep, design, execution
Examples of previous artwork
Itemized Budget Allocation (if additional document
is needed)
Resume/CV References
Additional Supporting Materials – For example,
portfolio, video files, articles, etc.
4 Document ID: 233368883523061
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5 Document ID: 233368883523061
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Attachment: Application-M.Crogman_Mural_Library (6523 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART REQUEST DOC
X Clarissa Letter of Support - ….docx
PDF Mcrogman CV 2023 ART.pdf
PDF MoVal Arts Library Large - M… .pdf
PDF 72_MoVal Arts Library Large -….pdf
PDF MoVal art grant Maryam Cro… .pdf
PDF PRESS PAGE & Interviews.pdf
PDF Prev. Artwork_Maryam The Ri….pdf
Terms and Conditions Accepted
Waiver of Liability
The undersigned, by participating in the City of Moreno Valley Public Art Program (“Art Program”), hereby agrees to waive all rights to pursue any actions, claims or lawsuits against the City of Moreno Valley (“City”) and all of its affiliated agencies, and their respective officials, agents, employees or volunteers (collectively, “City Parties”), irrespective of the nature of the injury, damage or liability, and release and hold harmless the City Parties from all claims, actions or lawsuits arising from or in connection with any injuries, death, liability, expenses, losses, claims, suits, actions, judgments, costs, or damages arising from or related to my participation in the Art Program.

I also hereby expressly waive any and all rights and benefits conferred upon me by the provisions of 6 Document ID: 233368883523061
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Attachment: Application-M.Crogman_Mural_Library (6523 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART REQUEST 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.” Notwithstanding the provisions of Section 1542, and to implement a full and complete release as set forth, I acknowledge this waiver will be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind known or unknown, or suspected or unsuspected.  I further represent and warrant that I have read this Form, including this waiver provision, and, prior to executing this instrument, I have had an opportunity to consult an attorney about this instrument and specifically about this waiver provision.

Initials
By signing below, I acknowledge that I
am authorized to sign this application.

I have read and agree to abide by the
City of Moreno Valley Public Art
Program requirements and Waiver of
Liability. I understand I will need to
complete the following items if my
project is approved: artist agreement,
new vendor form, W-9, Moreno Valley
business license, and provide a
certificate of insurance. I understand
that this application is subject to City
and Art Commission review, approval,
and denial.

Date Signed Sunday, December 3, 2023
Want to Submit in Person?
Please print this application and turn in supporting documents at the Conference & Recreation Center at 14075 Frederick St. Moreno Valley, CA 92553.

Questions or comments?
Contact the Public Art team at [email protected], visit Moval.org/parks, or call Claudia Torres at 951‐413‐3289
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Attachment: Mock Up_M.Crogman_Main Library (6523 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART REQUEST budget & Timeline
I TEM Co s t D e tails
Artist Fee $33,482.8
Research, design, project leadArtist rate per sqft: $20 Dimension: 21ft long, 102 ft high
Area sqft: 1674.14
Local MoVal Artist Support Staff $3,000 Experienced and emerging local artist support staff Materials $2,337
· Drop cloth, Cart, Buckets, Aprons, Outdoor projector; Tape, Gloves, Wipes, Brush, Roller brush, Painters plastic. …ect· Paint, Primer, Anti-graffiti coating, Pain pens Equipment rental $2,155 Pressure wash, lift
Tax $292.12 Total Budget $ 41,266.92
Month 1 Month 2- 3 Month 4
Material acquisition, scouting
place, safety planning
Surface treatment and painting Finalize details, anti-graffiti coating, mural reveal party &
photo session
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Report to City Council

ID#6514 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: February 6, 2024

TITLE: REVIEW AND CONSIDER THE ART COMMISSION'S

APPROVAL OF PUBLIC A RT REQUEST FOR FUNDI NG

APPLICATION - PATRICK BARWINSKI AR ANIMA TION

FOR CRC MURAL

RECOMMENDED ACTION
Art Commission’s Recommendations: That the City Council:

1. Receive and file the artist presentation; and

2. Review and consider the Art Commission’s approval of Public Art Request for Funding Application from Patrick Barwinski for the inclusion of AR Animation effects on the previously approved 2,835 square foot mural at the Moreno Valley Conference & Recreation Center (CRC); 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.

SUMMARY

This report recommends that the Council review and consider the Art Commission’s approval of the Public Art Program Request for Funding Application submitted by Patrick Barwinski for the inclusion of AR animation effects on the previously approved 2,835 square foot mural to be located outside of the Moreno Valley Conference & Recreation Center. The amount of funding being requested by the applicant is $30,000.

If approved, Parks & Community Services staff will work with the selected appli cant to K.2
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enter into a Professional Services Agreement to complete the proposed project.

The Public Art Program will utilize funding from Development Impact Fees (DIF) -Public Art Fund 2916.

DISCUSSION

On June 20, 2023, the City Council approved the City o f Moreno Valley’s Public Art Policy which includes guidelines regarding submittal process, selection criteria, installation, deinstallation, and agreements as it relates to the Public Art Program. It further considers the role of the Arts Commission and ca lls for City Council to make the final decision on all public art on City of Moreno Valley property.

Per the approved Public Art Policy, “Public Art” is defined as artistic works created by artists as unique and original works located in a public space or facility and accessible to the public. Public Art includes works of a permanent or temporary nature. “Public Art” can be in the form of exhibit, performance, installation, integration of art and architecture, and a unique physical environment or feature that integrates art in the city.

Eligible mediums include but are not limited to painting, mural, drawing, sculpture, photography, landscaping, water feature, components of a building, works of sound and/or light, and spoken word. Mass produced or standar dized art, mechanical reproductions, or directional signage are not eligible mediums.

During a meeting held on December 20, 2023, the Arts Commission approved the subject application to be forwarded to the City Council for review and final funding consideration.

ALTERNATIVES

1. Approve the Art Commission’s recommendations; or

2. Do not Approve the Art Commission’s recommendations; or

3. Provide Staff with alternate direction.

FISCAL IMPACT

Funding for the Public Art Program is available through DIF Public Art Fund 2916.

If approved, a budget adjustment would be requested as outlined below:

Description Fund GL Account No. Type
(Rev/Exp)
FY 23/24
Budget
Proposed
Adjustments
FY 23/24
Amended
Budget
Transfer to
(Other Funds)
2916 DIF
Public Art
2916-99-95-92916-903316 Rev $111,435 $30,000 $141,435
Transfer in -from 3316 3316-99-99-93316-802916 Rev $111,435 $30,000 $141,435 K.2
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DIF Public Art
Improvements
Other than Bldg
3316 3316-50-59-35323-660610
Project No. PCS ART -

MURALS-CRC
Exp $0 $30,000 $30,000

NOTIFICATION

Posting of Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Yhuit Jeremy Bubnick
PCS Admin & Fin Services Division Manager Parks & Community Services Director

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

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

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

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

1. Application_P.Barwinski-AR Animation_CRC

2. Budget_P.Barwinski-AR Animation-CRC
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3. Mock Up_P.Barwinski-AR Animation_CRC

APPROVALS

Budget Officer Approval  Approved . 1/29/24 8:01 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 1/29/24 3:17 PM K.2
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Wednesday, November 29, 2023
Public Art Application
The City Council continues to support community identity by encouraging development and display of public art to promote the history, heritage, culture, and contemporary identity of Moreno Valley. The goal of the Moreno Valley Public Art program is to offer an opportunity for local artists and business owners to create a distinctive sense of place and pride in Moreno Valley city facilities, parks, utility boxes, streets, and open spaces.

Requirement Checklist (do not move
forward with the application until all
applicable items are available to
upload)
Proposed project concepts / mock‐up of design
Project Schedule – planning, prep, design, execution
Examples of previous artwork
Itemized Budget Allocation (if additional document
is needed)
Resume/CV References
Additional Supporting Materials – For example,
portfolio, video files, articles, etc.

Artist Information
Full Name Patrick Barwinski
Are you a resident of the City of
Moreno Valley Yes
Company Name Barwinski Design
Business Tax ID Number 84-2315662
Contact Name (if different than
applicant)
Patrick Barwinski
E-mail [email protected]
Phone Number (951) 796-2772
Address 9911 Cambria Circle
Moreno Valley, CA, 92557
United States
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Attachment: Application_P.Barwinski-AR Animation_CRC (6514 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART Briefly describe your experience as an artist or involvement in public art projects:

With a deep appreciation for public art and its ability to transform spaces, I have dedicated my career to creating captivating and meaningful art that engage and inspire viewers. Having completed numerous successful projects in diverse settings, I am confident in my ability to bring a fresh and distinctive artistic perspective to Moreno Valley.

I firmly believe that art has the power to connect communities and evoke emotions. Through my public art, I strive to tell stories, capture the essence of a place, and celebrate the unique cultural fabric of a community. I am particularly drawn to the opportunity to contribute to the artistic landscape of Moreno Valley, as a local born, raised and currently living in this beautiful progressive city.

My artistic style can best be described as dynamic, vibrant, and visually captivating. I have honed my skills in creating large-scale murals that incorporate intricate details, bold colors, and diverse artistic elements such as my “How To Fly” mural. A massive 2,500 sq ft mural located in the heart of downtown Riverside, CA at the Mariposa Alley.

Collaboration is an integral part of my artistic process. I thrive on engaging with clients, community members, and fellow artists to gather insights and perspectives that inform the mural's concept and design. I am committed to actively involving the community throughout the mural creation process, ensuring that the artwork resonates deeply with the people it represents.

I possess strong project management skills, allowing me to handle all aspects of a mural project, from conceptualization to completion. I am adept at working within deadlines, managing resources efficiently, and adapting my artistic vision to meet the specific requirements of each project. I also have experience coordinating with local authorities and obtaining the necessary permits to ensure a smooth and successful execution.

Social Pages
Website: www.mrbarwinski.com
Instagram: @mrbarwinski
Project Details
Will you be requesting monetary
funds? Yes
If you responded yes to the above,
what is the amount requested?
39000
Project type (check all that apply)AR Animation for Mural proposal / Community Outreach Engagement & Watch Party
Provide a brief itemized list of your budget allocation:

Itemized Budget List:
$26,000
2D / 2.5D Animation & Sound: Creation of 3 animations + sound design (one time fee) $12,500
Web AR Hosting: $2,000 Creation (one time fee), 3 Year Subscription Fee ($3,500 12 Month Subscription Fee)
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Artist Fee: Prep, Design, Labor etc
Project description:

Location:

AR Animation for exterior mural located at the Moreno Valley Conference & Recreation Center (14075 Frederick St, Moreno Valley, CA 92553)
The mural will be found on the right cement wall as you enter the building and exit through the sliding doors towards the outdoor stage and garden.

The mural is approx. 2,835 sq ft. in size and the proposed artwork will be completed from the beginning of the wall all the way to the painted white square.

Proposed AR Animation for mural artwork:
"Harmony in the Valley"
This awe-inspiring artwork celebrates the unique spirit of Moreno Valley, capturing its rich heritage, diverse community, and natural wonders.

As one approaches closer, intricate details come to life, revealing the deep cultural roots that make Moreno Valley so special. Bold patterns and colors intertwine with iconic historic symbols, conveying a sense of unity and reverence for the natural world.

This mural is a testament to the beauty and unity found within the diverse tapestry of Moreno Valley. It serves as an inspiration for residents and visitors alike, encouraging them to embrace the cities rich heritage, celebrate its cultural diversity, and foster a sense of harmony with the natural world.

The 3 animations will highlight and bring iconic figures to life such as the wild life donkeys, planes from the march air force base, and an eagle representing the roots of early settlers that make Moreno Valley unique and rich in history.

Proposed project location (include
district and address):

District 1 - Conference and Recreation Center (14075
Frederick St, Moreno Valley, CA 92553)
Photo of proposed project location:
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Attachment: Application_P.Barwinski-AR Animation_CRC (6514 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART Identify organizations and/or
individuals you will be working with or
collaborating with on this project:

Local artists and local art organizations such as
@morenovalley.artz
Describe the goal/objective of your project:

The goal and objective of my project is the following:
- Beautify Moreno Valley
- Reflect the identity of Moreno Valley
- Foster a sense of inclusivity
- Encourage public art appreciation and awareness
- Engage with the community
- Long lasting impact
Beautify Moreno Valley:

To enhance the visual appeal of the Moreno Valley Recreation Center, we aim to create a mural that will serve as a focal point for the facility. This mural will contribute to a more inviting and aesthetically pleasing environment, thereby encouraging greater community use and engagement with the center.

Reflect the identity of Moreno Valley:

The mural will be designed to reflect the unique identity, culture, and natural beauty of Moreno Valley. It 4 Document ID: 233328311458050
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This objective will ensure that the mural is a true representation of the community it serves.

Foster a sense of inclusivity:

I aim to create a mural that promotes a sense of inclusivity and unity among the diverse population of Moreno Valley. The design should celebrate the city's cultural diversity and serve as a unifying symbol for all residents, welcoming people from different backgrounds to the Recreation Center.

Encourage public art appreciation and awareness:

The mural project will also have an educational component. We intend to organize events, workshops, and guided tours that promote public art appreciation and awareness, helping residents and visitors understand the significance of public art and its role in building a vibrant community.

Engage with the community:

Community involvement is key to the success of this project. We will actively engage local artists, residents, and stakeholders in the creative process, from the selection of the mural design to its execution.

By involving the community, we aim to foster a sense of ownership and pride in the final artwork.

Long lasting impact:

The objective is to create a mural that will stand the test of time. We will use high-quality materials and ensure proper maintenance to guarantee the mural's longevity. This will enable future generations to appreciate and enjoy the mural as an enduring symbol of Moreno Valley's culture and community.

By setting these goals and objectives, the purpose of the mural for the Moreno Valley Recreation Center becomes clear: it is not only a work of art but a tool for community engagement, identity expression, and cultural enrichment.

Will project include community outrea
ch or engagement?
(ex. community or volunteer day, work
shop, etc.)
Yes
If yes, please describe: Watch party involving community and other Moreno Valley local artists.

Has the City of Moreno Valley
provided funding to you in the past? No
Approximately how many people will
participate or have the opportunity to
view your project:
50000
Additional Information Regarding Your Project:

The limit for the opportunity to view my project is limitless as it is determined by the amount and type of events the Moreno Valley Conference and Recreation center hosts from now and in the future.

I believe the project has an opportunity to reach over 50k people or more throughout its lifetime. 5 Document ID: 233328311458050
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Attachment: Application_P.Barwinski-AR Animation_CRC (6514 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART Please Upload the Following Items Below:

Proposed project concepts / mock‐up of design
Project Schedule – planning, prep, design, execution
Examples of previous artwork
Itemized Budget Allocation (if additional document
is needed)
Resume/CV References
Additional Supporting Materials – For example,
portfolio, video files, articles, etc.

File Upload
PDF PART 01.pdf
PDF PART 02.pdf
PDF PART 03.pdf
PDF PATRICK BARWINSKI ARTIST….pdf
PDF PATRICK BARWINSKI RESUME.pdf
DOC
X PATRICK BARWINSKI SUPP….docx
Terms and Conditions Accepted
Waiver of Liability
The undersigned, by participating in the City of Moreno Valley Public Art Program (“Art Program”), hereby agrees to waive all rights to pursue any actions, claims or lawsuits against the City of Moreno Valley (“City”) and all of its affiliated agencies, and their respective officials, agents, employees or volunteers (collectively, “City Parties”), irrespective of the nature of the injury, damage or liability, and release and hold harmless the City Parties from all claims, actions or lawsuits arising from or in connection with any injuries, death, liability, expenses, losses, claims, suits, actions, judgments, costs, or damages arising from 6 Document ID: 233328311458050
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Attachment: Application_P.Barwinski-AR Animation_CRC (6514 : REVIEW AND CONSIDER THE ART COMMISSION'S APPROVAL OF PUBLIC ART or related to my participation in the Art Program.

I also hereby expressly waive any and all rights and benefits conferred upon me 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.” Notwithstanding the provisions of Section 1542, and to implement a full and complete release as set forth, I acknowledge this waiver will be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind known or unknown, or suspected or unsuspected.  I further represent and warrant that I have read this Form, including this waiver provision, and, prior to executing this instrument, I have had an opportunity to consult an attorney about this instrument and specifically about this waiver provision.

Initials
By signing below, I acknowledge that I
am authorized to sign this application.

I have read and agree to abide by the
City of Moreno Valley Public Art
Program requirements and Waiver of
Liability. I understand I will need to
complete the following items if my
project is approved: artist agreement,
new vendor form, W-9, Moreno Valley
business license, and provide a
certificate of insurance. I understand
that this application is subject to City
and Art Commission review, approval,
and denial.

Date Signed Wednesday, November 29, 2023
Want to Submit in Person?
Please print this application and turn in supporting documents at the Conference & Recreation Center at 14075 Frederick St. Moreno Valley, CA 92553.

Questions or comments?
Contact the Public Art team at [email protected], visit Moval.org/parks, or call Claudia Torres at 951‐413‐3289
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Report to City Council

ID#6529 Page 1
TO: Mayor and City Council

FROM: Steve Quintanilla, Interim City Attorney

AGENDA DATE: February 6, 2024

TITLE: MAYOR'S ROLE, DUTIES, AND RESPONSIBILITIES

RECOMMENDED ACTION
Recommendation:

1. That the City Council take whatever action it deems necessary and appropriate.

BACKGROUND

At the January 16, 2024 City Council meeting, Council Member Baca -Santa Cruz requested that the Ordinance No. 9 96 be brought back to the next City Council meeting so that the City Council could consider possible changes to the Mayor’s Role, Duties and Responsibilities as codified as Section 2.04.007 (Mayor’s Role, Duties and Responsibilities) of the Moreno Valley Municipal Code. Council Member Baca -Santa Cruz’s request was supported by Council Member Ed Delgado.

Section 2.04.007 Mayor’s role, duties and responsibilities.

The mayor's role, duties and responsibilities shall include the following:

1. Serving as chairperson on the city’s disaster council.

2. Serving as chairperson on the city for state and national agencies.

3. Welcoming visiting dignitaries to the city.

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

5. Presiding over all press conferences on behalf of the city regarding issues affecting the entire city, unless otherwise designated by the mayor at any given K.3
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time. This shall not preclude individual councilmembers from presiding over press conferences regarding issues af fecting their districts, even though the issues may affect other districts as well.

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

7. Representing the city on matters of general concern to the city via the broadcast media, while permitting councilmembers to engage with the broadcast media to represent their districts on any matters affecting their districts.

8. Approving the issuance of city proclamations and signing all proclamations that have received confirmation of support by at least two councilmembers.

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

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

11. Signing all resolutions and ordinances.

12. Signing contracts unless otherwise provided by city policy.

13. Signing all city instruments requiring the city seal.

14. Signing all warrants drawn on the city treasurer unless otherwise provided by city policy.

15. Approving monetary rewards if recommended by a majority of the city council at a noticed public meeting of the city council.

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

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

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

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

20. Designating a sufficient number of police officers to attend and keep order at any public meeting, if in the mayor's opinion, a breach of the peace may occur.

21. Requiring the sergeant-at-arms to carry out all orders given by the mayor for the purpose of maintaining order and decorum at any public meeting, consistent with applicable law.

22. Providing a warning to anyone who is causing actual disruption to the meeting, and ordering their removal as authorized by Government Code Section 54957.95.

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23. Serving as presiding officer at all meetings of the city council and other legislative bodies solely consisting of members of the city council.

24. Calling special meetings of the city council.

25. Nominating all members of city commissions, boards and committees based on recommendations submitted by each district councilmember to ensure that there is representation on each city commission, board and committee from each district, subject to approval of a majority vote of the entire membership of the city council. The mayor is authorized to nominate any additional members to any city commission, board or committee that already has a representative from each district who was recommended by the respective district councilmember, provided that such additional members do not result in disproportionate representation by any given district on the respective commission, board or committee.

26. Nominating alternate membe rs to commissions and boards subject to approval by majority of the city council provided that such alternates do not result in disproportionate representation by any given district on the respective commission, board or committee.

27. Making emergency app ointments, subject to ratification by the city council at a subsequent special meeting or a regular meeting of the city council provided that such emergency appointments do not result in disproportionate representation by any given district on the respective commission, board or committee.

28. Nominating persons to fill special vacancies, subject to approval by the city council at a special meeting or a regular meeting of the city council provided that any special vacancy appointments do not result in disp roportionate representation by any given district on the respective commission, board or committee.

29. Establishing city council subcommittees and appointing all members to city council subcommittees, subject to approval by the city council at a special meeting or a regular meeting of the city council.

30. The mayor or a councilmember may place items on any agenda in the context of a noticed public meeting of the city council with the support of one other councilmember. If an item is placed on an agenda by the mayor or councilmember pursuant to this provision or by the city manager, city attorney or city clerk, it shall remain on the agenda and not be subject to unilateral removal by the mayor or any councilmember.

(Ord. 988 § 2, 2022; Ord. 996 § 2, 2023)

ALTERNATIVES

The City Council has the following alternatives:

1. Discuss any proposed changes to the mayor’s role, duties and responsibilities; or

2. Do not discuss any proposed changes to the mayor’s role, duties and responsibilities.

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FISCAL IMPACT

There is no fiscal impact.

NOTIFICATION

This staff report was made available for public review and inspection and posted on the City’s website at least 72 hours prior to the March 21, 2023, Regular City Council meeting.

PREPARATION OF STAFF REPORT

Prepared By: Steve Quintanilla, City Attorney

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

None

APPROVALS

Budget Officer Approval  Approved . 2/01/24 9:28 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 2/01/24 9:45 AM K.3
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