Agenda, regular meeting — Moreno Valley City Council, April 7, 2026 (part 1 of 3)

REGULAR MEETING
AGENDA

April 7, 2026
6:00 PM
City Hall Council Chamber – 14177 Frederick Street

CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS*

CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING CORPORATION BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

MORENO VALLEY COMMUNITY FOUNDATION BOARD OF DIRECTORS

*The City Council receives a separate stipend from the Community Services District Board of Directors

Ulises Cabrera, Mayor
Elena Baca-Santa Cruz, Councilmember (District #1)
Edward A. Delgado, Councilmember (District #2)
Erlan Gonzalez, Mayor Pro Tem (District #3)
Cheylynda Barnard, Councilmember (District #4)

MEETING CALENDAR
City Council Regular Meetings
First and Third Tuesdays of the Month at 6:00 PM
City Council Closed Sessions
Scheduled As Needed Commencing at 4:00 PM or Thereafter City Council Special Recognition/Presentations
First and Third Tuesdays of the Month
Scheduled As Needed Commencing at 5:30 PM
City Council Study Sessions
Second Tuesdays of the Month
Scheduled As Needed Commencing at 6:00 PM
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
Pastor Andrew Boganwright from Sandals Church.

D. LAND ACKNOWLEDGEMENT
We wish to acknowledge that we are on the unceded lands of the Cahuilla (kuh-wee-uh) and Páyomkawichum (Pah-YOM-KAH-WEE-chum) or Luiseño (lew-wee-SAY-nyoh) , who as original inhabitants, and now as Sovereign Tribal Nations, have continued to live and thrive upon these lands since time immemorial.

E. ROLL CALL
F. MOTIONS TO EXCUSE ABSENCES
Recommendation(s)
Approve Excused Absences
G. STAFF INTRODUCTIONS
H. APPROVAL OF ORDER OF AGENDA
Recommendation(s)
Approve Agenda Order
I. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA
Speakers shall have a total of three minutes to comment on any matters not on the agenda.

Comments must pertain to matters within the subject matter jurisdiction of the City Council and/or Affiliated Boards.

J. JOINT CONSENT CALENDARS
Speakers have a total of three minutes to comment on all matters on the Joint Consent Calendar which are not pulled for separate discussion by the City Council and/or Affiliated Boards.

Any member of the City Council or Affiliated Boards may pull an item from the Joint Consent Calendar for discussion purposes, prior to approval of the Joint Consent Calendar.

After any requested discussion involving any given Consent item has taken place, all Consent items may be approved with one motion.
2 Recommendation(s)
Approve the Joint Consent Calendars
J.1 ORDINANCES – SECOND READING/ADOPTION
Waive the Full Reading of all Ordinances listed on the Agenda and Adopt all Ordinances by Title Only.

J.1.1 ADOPTION (SECOND READING) OF ORDINANCE NUMBER 1039,

AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AND RATES
That the City Council:

1. Conduct the second reading by title only and adopt Ordinance Number 1039, amending Ordinance Number 1019 to establish automatic construction cost index adjustments to the Western Riverside County Transportation Uniform Mitigation Fee Program.

J.1.2 MUNICIPAL CODE AMENDMENT (PEN26-0003) SECOND READING AND ADOPTION OF ORDINANCES REVISING TITLE 9 (PLANNING AND
ZONING) AND TITLE 12 (MOBILE VENDING) OF THE MORENO VALLEY

MUNICIPAL CODE
That the City Council:

1. Adopt by title only Ordinance No. 1040 revising Title 9 (Planning and Zoning), specifically Chapter 9.09 (Specific Use Development Standards), and Chapter 9.17 (Landscape and Water Efficiency Requirements); and

2. Adopt by title only Ordinance No. 1041 revising Title 12 (Vehicles and Traffic), specifically Chapter 12.02 (Mobile Vending).

J.2 MINUTES - CITY COUNCIL - STUDY SESSION - MARCH 10, 2026 6:00 PM J.3 MINUTES - CITY COUNCIL - CLOSED SESSION - MARCH 17, 2026 4:00 PM J.4 MINUTES - CITY COUNCIL - REGULAR MEETING - MARCH 17, 2026 6:00 PM Recommendation(s)
Approval of City Council and Affiliated Boards’ Regular Meeting Minutes for March 10, 2026 Study Session, March 17, 2026 Closed Session and March 17, 2026 Regular Meeting.

J.5 MASTER ATTENDANCE LOG FOR CITY COUNCIL ADVISORY BOARDS AND COMMISSIONS – FEBRUARY 2026 (REPORT OF: CITY CLERK) (DISTRICT: ALL

DISTRICTS)
Recommendation(s)
3 That the City Council:

1. Receive and File.

J.6 CITY COUNCIL LIAISON ATTENDANCE REPORT FEBRUARY 2026 (REPORT OF:

CITY CLERK) (DISTRICT: ALL DISTRICTS)
Recommendation(s)
That the City Council:

1. Receive and File.

J.7 APPROVAL OF AGREEMENT WITH ROBERT GARCIA BOXING ACADEMY, INC.

FOR COMMUNITY BOXING ACADEMY PROGRAM FY2026/27 AND 2027/28 (REPORT OF: CITY MANAGER) (DISTRICT: ALL DISTRICTS)
Approval of agreement with Robert Garcia Boxing Academy, Inc. for Community Boxing Academy Program for FY 2026/27 and FY 2027/28.

Recommendation(s)
That the City Council:

1. Approve agreement between the Moreno Valley Community Foundation and Robert Garcia Boxing Academy, Inc. for the Community Boxing Academy Program for FY 2026/27 and FY 2027/28; and

2. Authorize the issuance of a purchase order to Robert Garcia Boxing Academy for a not-to-exceed amount of $48,000, over the two-year term (FY 2026/27 and FY 2027/28), in accordance with the amounts listed in the Fiscal Impact Section of this report; or

3. Provide an alternative direction.

J.8 AWARD ROTATIONAL TOW SERVICE PROGRAM AGREEMENTS AND ADOPT

RESOLUTION SETTING ROTATIONAL TOW SERVICE PROGRAM COST
RECOVERY FEES (REPORT OF: CITY MANAGER) (DISTRICT: NOT

APPLICABLE)
Rotational Tow Service Program Independent Contractor Agreements and Adopt Resolution Setting Rotational Tow Service Program Cost Recovery Fees Recommendation(s)
That the City Council:

1. Award Rotational Tow Service Program Independent Contractor Agreements for tow services to be provided as a result of public safety emergency situations, or violation of the law or City ordinance;

2. Adopt Resolution No. XX Setting Rotational Tow Service Program Cost Recovery Fees as set forth in the Resolution; and
4 3. Authorize City Manager to execute all related Agreements and approve any Administrative Procedures to improve service delivery efficiency.

J.9 APPROVE MEASURE A LOCAL STREETS AND ROADS FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2026/27 TO 2030/31 (REPORT OF:

FINANCIAL & MANAGEMENT SERVICES) (DISTRICT: ALL DISTRICTS) Approve Measure A Local Streets and Roads Five-Year Capital Improvement Plan for Fiscal Years 2026/27 to 2030/31 and Maintenance of Effort Certificate for Fiscal Year 2026/27 to the Riverside County Transportation Commission Recommendation(s)
That the City Council:

1. Approve and authorize submittal of the City of Moreno Valley's Measure A Local Streets and Roads Five-Year Capital Improvement Plan for Fiscal Years 2026/27 to 2030/31 and Maintenance of Effort Certificate for Fiscal Year 2026/27 to Riverside County Transportation Commission; and

2. Authorize the Director of Public Works/City Engineer to submit an annual amended five-year plan to the Riverside County Transportation Commission if changes are made to the listed Measure A projects.

J.10 PAYMENT REGISTER – FEBRUARY 2026 (REPORT OF: FINANCIAL & MANAGEMENT SERVICES) (DISTRICT: ALL DISTRICTS)
Payment Register Report
Recommendation(s)
That the City Council:

1. Receive and file Payment Register
J.11 RECOMMENDATION TO AWARD AN INDEPENDENT CONTRACTOR

AGREEMENT FOR RENTAL AND SERVICE OF PORTABLE RESTROOM
FACILITIES AND TEMPORARY FENCING (AGREEMENT NO 2026- XX) (REPORT OF: PARKS & COMMUNITY SERVICES) (DISTRICT: ALL DISTRICTS) Authorize To Award an Independent Contractor Agreement to Diamond Environmental Services, LP, for Portable Restroom Facilities and Temporary Fencing Recommendation(s)
That the City Council and Community Services District:

1. Authorize to award a 5-year agreement for independent contract services to Diamond Environmental Services, LP, for portable restroom facilities and temporary fencing rental services;

2. Authorize the City Manager/Executive Director of the Moreno Valley Community Services District or his/her designee, to execute the Agreement with Diamond 5 Environmental Services, LP, subject to the approval of the City Attorney, provided sufficient funding appropriations and program approvals have been granted by the City Council and CSD Board;

3. Authorize the issuance of purchase orders to Diamond Environmental Services, LP, for a total not-to exceed amount of $280,000.00, over the 5-year term of the agreement, in accordance with the amounts listed in the Fiscal Impact Section of this report; and

4. Authorize the City Manager or designee to execute subsequent amendments to the Agreement with Diamond Environmental Services, LP, including the authority to authorize associated purchase orders in accordance with the Agreement's terms, subject to the approval of the City Attorney and within budgetary amounts previously approved by City Council as part of the adopted and/or amended budget process.

J.12 ADOPTION OF THE FISCAL YEAR 2026–2027 STORM WATER PROTECTION PROGRAM BUDGET FOR COUNTY SERVICE AREA 152 (REPORT OF: PUBLIC WORKS) (DISTRICT: ALL DISTRICTS)
Adopt The Fiscal Year 2026–2027 Storm Water Protection Program Budget And Continue The Levy For County Service Area 152
Recommendation(s)
That the City Council:

1. Adopt the County Service Area 152 Storm Water Protection Program budget for Fiscal Year 2026–2027 in the amount of $710,354; and

2. Authorize the continuation of the levy of the Fiscal Year 2026–2027 CSA 152 Storm Water Protection Program budget in the amount of $710,354 and continuation of the levy of the County Service Area 152 assessment at $8.15 per Benefit Assessment Unit.

J.13 PURCHASE OF UTILITY TRANSFORMERS (REPORT OF: PUBLIC WORKS) (DISTRICT: ALL DISTRICTS)
Authorization To Award A Purchase Agreement To ULS Corporate Inc. For The Purchase of Utility Transformers
Recommendation(s)
That the City Council:

1. Authorize the award of a purchase agreement to ULS Corporate Inc. for the purchase of utility transformers;

2. Authorize the City Manager to execute the agreement with ULS Corporate Inc. in the amount of $710,651.41, subject to approval by the City Attorney;

3. Authorize the issuance of a Purchase Order to ULS Corporate Inc. in the amount 6 of $710,651.41, funded by the MVU Restricted Asset Fund balance (Fund 6011), once the agreement has been signed by all parties; and

4. Authorize the City Manager to execute any subsequent Amendments to the Agreement with ULS Corporate Inc. within the City Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the agreement, subject to the approval of the City Attorney.

J.14 AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE MORENO VALLEY PUBLIC SAFETY CAMPUS PROJECT NUMBER 803 0072 (REPORT OF:

PUBLIC WORKS) (DISTRICT 3)
Authorization To Award An Agreement For Professional Consultant Architectural And Engineering Design Services To Steinberg Hart For The Moreno Valley Public Safety Campus Project Number 803 0072
Recommendation(s)
That the City Council:

1. Authorize to award an Agreement for Professional Consultant Services to Steinberg Hart to provide architectural and engineering design services for the Moreno Valley Public Safety Campus;

2. Authorize the City Manager to execute the Agreement with Steinberg Hart, subject to the approval by the City Attorney;

3. Authorize the issuance of a Purchase Order to Steinberg Hart in the amount of $4,319,611.00, funded by the Public Works Capital Projects funds, once the agreement has been signed by all parties;

4. Authorize the City Manager to execute any subsequent amendments to the Agreement with Steinberg Hart, up to the annual budget as approved by the City Council, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney; and

5. Authorize budget adjustments as set forth in the Fiscal Impact section of this report.

J.15 ACCEPTANCE OF THE CALTRANS HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 12 GRANT FOR THREE PROJECTS (REPORT OF: PUBLIC WORKS) (DISTRICT: ALL DISTRICTS)
Accept And Approve Program Supplement Agreements For The Caltrans Highway Safety Improvement Program Cycle 12 Grants For Three Traffic Signal Safety Improvement Projects
7 Recommendation(s)
That the City Council:

1. Accept and approve the Program Supplement Agreement between the California Department of Transportation and the City of Moreno Valley for the Traffic Signal Improvements Iris Ave to John F. Kennedy Dr. Project in the amount of $916,290 (Fund 3001) with a city local match of $101,810 (Fund 3004);

2. Accept and approve the Program Supplement Agreement between the California Department of Transportation and the City of Moreno Valley for the Dracaea Ave to Helmsdale Traffic Signal Improvement Project in the amount of $314,640 (Fund 3001) with a city local match of $34,960 (Fund 3004);

3. Accept and approve the Program Supplement Agreement between California Department of Transportation and the City of Moreno Valley for the Citywide Traffic Signal Improvements – HSIP C12) Project in the amount of $1,627,200 (Fund 3001) with a city local match of $180,800 (Fund 3004);

4. Authorize the Public Works Director/City Engineer to execute the Program Supplement Agreements and any subsequent agreements, extensions or amendments, subject to the procurement policy and approval of the City Attorney; and

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

K. PUBLIC HEARINGS - NONE
Public testimony on each Public Hearing item shall be limited to three minutes per speaker and must pertain to the subject under consideration.

Those wishing to testify are encouraged to complete and submit a GOLDENROD speaker slip to the City Clerk Staff.

L. GENERAL BUSINESS
Public comment on each General Business item shall be limited to three minutes per speaker and must pertain to the subject under consideration.

Those wishing to speak are encouraged to complete and submit a BLUE speaker slip to the City Clerk Staff.

L.1 BACKGROUND INFORMATION REGARDING POLICY 1.10 – CITY COUNCIL ADVISORY BOARDS & COMMISSIONS (REPORT OF: CITY MANAGER) (DISTRICT: ALL DISTRICTS)
Background Information Regarding Policy 1.10
Recommendation(s)
That the City Council:
8 1. Review background information regarding Policy 1.10 – City Council Advisory Boards and Commissions, and

2. Provide direction to staff, as appropriate.

L.2 SISTER CITY PROGRAM SURVEY RESULTS AND COMMITTEE RELAUNCH UPDATE (REPORT OF: CITY MANAGER) (DISTRICT: NOT APPLICABLE) Update On The Results Of The Sister City Program Community Survey And Relaunch Of The Sister City Program Committee
Recommendation(s)
That the City Council:

1. Receive and file the Sister City Program Survey Results update;

2. Authorize the City Manager, or designee, to restore the Sister City Program based on the criteria set forth in the establishment Resolution 93-57 on July 13, 1993.

3. Provide further direction as needed.

L.3 REPORT AND UPDATE REGARDING RECENT INCIDENTS INVOLVING WILD BURROS (REPORT OF: CITY MANAGER) (DISTRICT 2)
Report and Update Regarding Recent Incidents Involving Wild Burros Recommendation(s)
That the City Council:

1. Receive and file this report regarding recent incidents involving wild burros, and

2. Provide direction to staff, as appropriate.

L.4 EXPLORE ADDING MOBILE SHOWER SERVICES TO THE PERMITTED

TEMPORARY USES TABLE WITHIN THE MORENO VALLEY MUNICIPAL CODE SECTION 9.02.150-3 (REPORT OF: COMMUNITY DEVELOPMENT) (DISTRICT:

NOT APPLICABLE)
Consider Permitting Mobile Shower Units As Part Of A Homeless Resources Fair/Outreach Event Through The Temporary Use Permit Process Recommendation(s)
That the City Council:

1. Consider adding mobile shower services as part of a homeless resources fair/outreach event to the Permitted Temporary Uses Table of Section 9.02.150 (Temporary Use Permits) of the Moreno Valley Municipal Code; and

2. Direct staff to add mobile shower services as part of a homeless resources fair/outreach event to the Permitted Temporary Uses Table of Section 9.02.150 (Temporary Use Permits) of the Moreno Valley Municipal Code. 9 L.5 REVIEW AND CONSIDER FIFA WORLD CUP 2026 SPECIAL EVENTS (REPORT OF: ECONOMIC DEVELOPMENT) (DISTRICT: ALL DISTRICTS)
Consideration Of Special Event Watch Parties For The FIFA World Cup 2026 Recommendation(s)
That the City Council:

1. Approve and authorize a budget adjustment for funding of up to $100,000 to the Parks and Community Services Department to plan for and operate an outdoor watch party for the FIFA World Cup 2026 Quarterfinal games scheduled for Saturday, July 11, 2026; or

2. Approve and authorize a budget adjustment for funding of up to $8,000 to the Parks and Community Services Department to plan for and operate an indoor watch party for the FIFA World Cup 2026 Quarterfinal games scheduled for Saturday, July 11, 2026; or

3. Provide direction to staff to execute a FIFA World Cup 2026 Special Event based on a motion, second, and vote of Council to do so.

L.6 REVIEW AND CONSIDER THE PUBLIC ART COMMISSION’S APPROVAL TO

MODIFY MAIN LIBRARY MURAL TO REMOVE CESAR CHAVEZ AND REPLACE WITH DOLORES HUERTA (REPORT OF: PARKS & COMMUNITY SERVICES) (DISTRICT 3)
Request to Review and Consider the Public Art Commission’s Approval to Modify Main Library Mural to Remove Cesar Chavez and Replace with Dolores Huerta.

Recommendation(s)
That the City Council and Community Services District:

1. Review and consider the Public Art Commission’s approval of modifying the Main Library Mural to remove Cesar Chavez and replace with an image of Dolores Huerta; and

2. Authorize the Executive Director and/or its designee to enter into an agreement for services with the approved artist, Andrea Lopez (the original artist), utilizing funding from the DIF Public Art Fund 3316.

M. REGIONAL COMMISSION/COMMITTEE/BOARD REPORTS
M.1 March Joint Powers Commission (JPC)
M.2 Riverside County Habitat Conservation Agency Board of Directors (RCHCA) M.3 Riverside County Transportation Commission (RCTC)
M.4 Riverside Transit Agency Board of Directors (RTA)
10 M.5 Western Riverside Council of Governments Executive Committee (WRCOG) M.6 Western Riverside County Regional Conservation Authority Board of Directors (RCA) M.7 School District/City Joint Task Force
M.8 Southern California Association of Governments (SCAG) N. EMPLOYEE ASSOCIATION REPORTS
O. CITY MANAGER'S REPORT
P. CITY COUNCIL CLOSING COMMENTS
Individual Council Member comments shall be limited to five minutes.

Q. FUTURE AGENDA ITEMS
To add an item to a future agenda, there must be a motion, second and a majority vote of those present at the meeting. To avoid a Brown Act violation, there shall be no discussion of the merits of any such future agenda items.

R. ADJOURNMENT

CERTIFICATION
I, Patty Rodriguez, Manager of the Office of the Mayor and City Council/City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regular Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public places pursuant to City of Moreno Valley Resolution No. 2007-40:

City Hall, City of Moreno Valley
14177 Frederick Street
Moreno Valley Library
25480 Alessandro Boulevard
Moreno Valley Senior/Community Center
25075 Fir Avenue
Patty Rodriguez, CMC
Manager of the Office of the Mayor and City Council/City Clerk Date Posted: April 2, 2026

PUBLIC INSPECTION & DISTRIBUTION
The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.
11 Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

AMERICANS WITH DISABILITIES ACT NOTICE
Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabilities Act of 1990 and all related federal rules and regulations. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the ADA Coordinator, at 951.413.3350 at least 72 hours before the meeting. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
12 1 Ordinance No.

Date Adopted: March 17, 2026

ORDINANCE NO. 1039

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, AMENDING
ORDINANCE NO. 1019 TO ESTABLISH CONSTRUCTION

COST INDEX ADJUSTMENTS TO THE WESTERN

RIVERSIDE COUNTY TRANSPORTATION UNIFORM

MITIGATION FEE (TUMF) PROGRAM

WHEREAS, the City of Moreno Valley (“City”) is a general law City and a municipal corporation of the State of California; and
WHEREAS, the City of Moreno Valley is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of High ways and Arterials in Western Riverside County (the “Regional System”) could be made up in part by a Transportati on Uniform Mitigation Fee (“TUMF”) on future residential, commercial and industrial development; and
WHEREAS, in furtherance of this plan, the WRCOG Executive Committee adopted the “Western Riverside County Transportation Uniform Fee Nexus Study”, dated October 18, 2002 (the “2002 Nexus Study”); and
WHEREAS, based on the 2002 Nexus Study, the City adopted and implemented an ordinance (the “TUMF Ordinance”) pursuant to California Government Code sections 66000 et seq. authorizing the City to impose the Transportation Uniform Mitigation Fee (“TUMF”) upon new development; and
WHEREAS, in 2016, the TUMF Nexus Study (“2016 Nexus Study”) was updated for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and
WHEREAS, on September 19, 2017, the City adopted Ordinance No. 925, which adopted the 2016 Nexus Study and updated the TUMF; and
WHEREAS, in 2018, the TUMF Program was altered to adopt a process in which WRCOG calculates and collects TUMF on behalf of member agencies under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2018; and WHEREAS, the City adopted Ordinance No. 950 on April 2, 2019, allowing WRCOG to calculate and collect TUMF on behalf of the City; and WHEREAS, WRCOG, with the assistance of TUMF Participating Jurisdictions, prepared an updated nexus study entitled “Transportation Uniform M itigation Fee Nexus Study: 2024 Update” (“2024 Nexus Study”) pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees; and 13 2 Ordinance No.

Date Adopted: March 17, 2026

WHEREAS, in September 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and WHEREAS, on December 17, 2024, the City Council adopted Ordinance No. 1019, which adopted the 2024 Nexus Study and its findings; and WHEREAS, the TUMF Administrative Plan calls for a Construction Cost Index (“CCI”) adjustment to be brought forth to the WRCOG Executive Committee on an annual basis; and
WHEREAS, on December 1, 2025, the WRCOG Executive Committee approved the implementation of an automatic CCI adjustment for all TUMF land uses tied to the September indices of the National Association of Realtors and Engineering News Record with a cap at 5% of any annual adjustments; and
WHEREAS, an automatic CCI adjustment ensures that fee levels keep pace with increases in cost of constructing transportation projects and avoids large increases at comprehensive TUMF Nexus Study updates; and
WHEREAS, this approach also allows for consistency and predictability for th e TUMF Program, while ensuring that the fair share principles under AB 1600 are satisfied; and
WHEREAS, the City Council desires to provide for automatic inflationary adjustments to the TUMF to reflect changes in construction costs over time, without modifying the underlying fee nexus, land use assumptions, or fee methodology; and WHEREAS, this Ordinance also includes minor updates to the definitions portion of the previous Ordinance to clarify the definitions of residential units.

The City Council of the City of Moreno Valley does ordain as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The definition of “Multi-Family Residential Unit” outlined in Section

3.44.030.H of Ordinance No. 1019 is hereby amended to read as follows:

“H. “Multi-Family Residential Unit” means a residential dwelling unit that is physically attached to one or more other dwelling units by a shared wall, floor, ceiling, roof, or structural foundation, regardless of the lot or parcel configuration, ownershi p structure, or type of subdivision (including condomini um subdivisions). Multi -family residential units include, but are not limited to, duplexes, townhomes, apartments, and condominiums with attached units. As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification.”

SECTION 3. The definition of “Single Family Residential Unit” outlined in Section

3.44.030.N of Ordinance No. 1019 is hereby amended to read as follows:
14 3 Ordinance No.

Date Adopted: March 17, 2026

“N. Single Family Residential Unit” means a residential dwelling unit that is physically detached from any other dwelling unit, sharing no common wall, floor, ceiling, roof, or structural foundation with another dwelling unit, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification.”

SECTION 4. Section 3.44.040.C.1 is hereby added to Ordinance No. 1019 to read as follows:
“Beginning July 1, 2026, and annually thereaft er, the Transportation Uniform Mitigation Fee (TUMF) shall be automatically adjusted to reflect changes in constructi on costs.

The annual adjustment shall be calculated by WRCOG based on a blended Construction Cost Index derived from: (1) the National Association of Realtors – Median Sales Price of Existing Single -Family Homes, and (2) the Engineering News -Record (ENR) Construction Cost Index, using the September values of each index from the prior calendar year.

The percentage adjustment applied to the TUMF shall equal the annual percentage change in the blended index; provided, however, that in no event shall the annual adjustment exceed five percent (5%), whether positive or negative.

The calculated adjustment shall be implemented on July 1 of the yea r following index calculation.

If either referenced index is discontinued or materially altered, WRCOG shall apply a comparable, industry-recognized index that most closely reflects regional transportation construction costs.”
SECTION 5. Effect. No provisions of this Ordinance shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment.

This Ordinance does not create any new TUMF.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 7. No Procedural Defenses. Prohibition of Jurisdictions from raising procedural defenses, including without limitation a statute of limitations, laches, the California Government Tort Claims Act, and necessary parties in a dispute with WRCOG regarding the matters set forth herein.
15 4 Ordinance No.

Date Adopted: March 17, 2026

SECTION 8. Judicial Review. In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within 90 days of the date of adoption of this Ordinance.

SECTION 9. This Ordinance amends certain provisions of Ordinance No. 1019 provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or unenf orceable by a court of competent jurisdiction, Ordinance No. 1019 and all other related ordinances and polices shall remain in full force and effect.

SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED AND ADOPTED this 17 day of March , 2026.

Ulises Cabrera
Mayor
City of Moreno Valley
16 5 Ordinance No.

Date Adopted: March 17, 2026

ATTEST:

M. Patricia Rodriguez, City Clerk

APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney
17 6 Ordinance No.

Date Adopted: March 17, 2026

ORDINANCE JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, M. Patricia Rodriguez, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 2026- was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

M. PATRICIA RODRIGUEZ, CITY CLERK

(SEAL)
18 Report to City Council

ID: 26-0100 Page 1

TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: March 17, 2026

TITLE: ADOPTION OF ORDINANCE AND RESOLUTION

AMENDING TRANSPORTATION UNIFORM

MITIGATION FEE (TUMF) PROGRAM AND RATES
(REPORT OF: PUBLIC WORKS)(DISTRICT: ALL

DISTRICTS)

TITLE SUMMARY: A Public Hearing To Adopt Ordinance ___ To Amend Ordinance N umber 1019 To Establish Construction Cost
Index Adjustments To The Western Riverside County
Transportation Uniform Mitigation Program And Adoption Of Resolution ___ Amending The Applicable Transportation
Uniform Mitigation Fee Applicable To All Developments

DISTRICT: All Districts

Recommendation(s)

That the City Council:

1. Adopt Ordinance ___, amending Ordinance Number 1019; and

2. Adopt Resolution Number ___, amending the applicable Transportation Uniform Mitigation Fee applicable to all developments.

SUMMARY

This report recommends adoption of Ordinance No. ___, amending Ordinance No. 1019 to establish construction cost index adjustments to the Western Riverside County 19 ID: 26-0100 Page 2
Transportation Uniform Mitigation Fee (TUMF) program and adoption of Resolution No. ___, amending the applicable TUMF schedule applicable to all developments in the City.

DISCUSSION

The City of Moreno Valley is a Member Jurisdiction of the Western Riverside Council of Governments (WRCOG), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, in 2002 -2003, the WRCOG Member Jurisdictions developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County could be made up in part by a Transportation Uniform Mitigation Fee (TUMF) on future residential, commercial , and industrial development. As a Member Jurisdiction of WRCOG and as a TUMF Participating Jurisdiction, the City participated in the preparation of a certain “Western Riverside County Transportation Uniform Fee Nexus Study” (2002 Nexus Study) , later adopted by the WRCOG Executive Com mittee. Based on the 2002 Nexus Study, the City adopted and implemented an ordinance authorizing the City’s participation in a TUMF Program .

On December 3, 2024 , the City Council adopted Resolution 2024 -68, amending the applicable TUMF applicable to all developments in the City. On December 17, 2024, the City Council adopted Ordinance No. 1019, amending and superseding Ordinance s No. 925 and No. 950 to update the participation in the Western Riverside County TUMF program.

Pursuant to the Mitigation Fee Act (Gov. Code §§ 66000 et seq.), WRCOG prepared a nexus study (2024 Nexus Study) to update the fees. On September 9, 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and recommended TUMF Participating Jurisdictions update their fees by am ending their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction.

The proposed ordinance amends Ordinance No. 1019 to establish automatic construction cost index adjustments to the Western Riverside County TUMF program. It also includes minor updates to the definitions portion of Ordinance No. 1019 to clarify the definitions of residential units. The actual TUMF schedule will be established through the Resolution.

The resolution will establish the Fee Schedule for TUMF as follows:

1. $12,705 per single family residential unit 1,800 square feet or less

2. $14,292 per single family residential unit between 1,801 and 2,300 square feet

3. $15,881 per single family residential unit between 2,301 and 2,700 square feet

4. $19,851 per single family residential unit greater than 2,700 square feet

5. $8,021 per multi-family residential unit

6. $2.39 per square foot of an industrial project

7. $7.92 per square foot of a retail commercial project

8. $5.02 per square foot of a service commercial project

9. $2.51 per square foot of a service Class A and B Office

ALTERNATIVES
20 ID: 26-0100 Page 3

1. Approve and authorize the recommended actions as presented in this staff report.

This alternative will establish construction cost index adjustments to the TUMF program. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will not allow for construction cost index adjustments to the TUMF program. Staff does not recommend this alternative.

FISCAL IMPACT

Participating in the TUMF program will provide needed resources to enlarge the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County. There is no impact to the General Fund.

NOTIFICATION

Publication of the agenda

A Notice of Public Hearing was published in the Press Enterpri se Newspaper on March 6, 2026.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Larry Gonzales, P.E. Melissa Walker, P.E.

Land Development Principal Engineer Public Works Director / City Engineer

Concurred By:

Harold Zamora, P.E.

Engineering Division Manager / Assistant City Engineer

CITY COUNCIL GOALS

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.

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

Public Facilities and Capital Projects: Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety
21 ID: 26-0100 Page 4

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

22 ID: 26-0100 Page 5
Report Approval Details
Document
Title:

STAFFREPORT_PW_LD_TUMF_UPDATE_2026_NEXUS_STUDY.do
cx
Attachments
:
- City Ordinance TUMF .docx
- City Resolution TUMF.docx
Final
Approval
Date:

Mar 9, 2026

This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Natalia Medina
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
23 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, AMENDING VARIOUS SECTIONS TITLE 9
(PLANNING AND ZONING), INCLUDING CHAPTER 9.09 (SPECIFIC USE DEVELOPMENT STANDARDS), AND CHAPTER 9.17
(LANDSCAPE AND WATER EFFICIENCY REQUIREMENTS), OF THE
MORENO VALLEY MUNICIPAL CODE.

WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, morals and/or safety; and WHEREAS, Section 9.02.050 (Amendments to zoning districts or other provisions of Title 9) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) of the Municipal Code provides that either the staff or the Planning Commission may initiate amendments to the provisions of Title 9 (Planning and Zoning); and WHEREAS, staff has recommended to the Planning Commission that it recommend that the City Council adopt several amendments to Title 9 (Planning and Zoning), which include revising certain provisions of Chapter 9.09 (Specific Use Development Standards), and Chapter 9.17 (Landscape and Water Efficiency Requirements) (collectively referred to herein as “PEN26-0003”); and WHEREAS, PEN26 -0003 will clarify various development standards to provide some flexibility regarding existing requirements, make it less costly for the public with respect to processing certain entitlements and streamline certain entitlement procedures for efficiency purposes, all of which will promote economic development within the City; and
WHEREAS, staff has determined that PEN26 -0003 is consistent with the 2006 General Plan and its goals, objectives, policies, and programs, and with any applicable specific plan; and
WHEREAS, staff has further determined that PEN26-0003 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN26 -0003 is consistent with the purposes and intent of Title 9 (Planning & Zoning); and WHEREAS, staff has determined that PEN26-0003 amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have 24 a significant effect on the environment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.

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

Section 3. AMENDMENT TO SECTION 9.09.130 (ACCESSORY DWELLING

UNITS (ADUS))
That Section 9.09.130 (Accessory Dwelling Units (ADUS)) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.

Section 4. AMENDMENT TO SECTION 9.17.080 (MULTIFAMILY

RESIDENTIAL DEVELOPMENT)

That Section 9.17.080 (Multifamily Residential Development) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.

Section 5. CEQA COMPLIANCE
That PEN26 -0003 Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Section 6. FINDINGS
This Ordinance is consistent with the City’s 2006 General Plan.

Section 7. SEVERABILITY
That the City Council declares that, should any provisio n, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
25 Section 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 9. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 10. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
26 INTRODUCED at a regular meeting of the City Council on _, , and PASSED, APPROVED, and ADOPTED by the City Council on , , by the following vote:

Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

M. Patricia Rodriguez, City Clerk, CMC

APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney
27 ORDINANCE JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
ss. CITY OF MORENO VALLEY

)

I, , City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 2026 - XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK

(SEAL)
28 1

EXHIBIT A

§ 9.09.130 Accessory dwelling units (ADUs).

A. Purpose and Intent. The purpose of these standards is to ensure:

1. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined herein, are a permitted accessory use. This section establishes standards for the construction and occupancy of ADUs and JADUs. The standards herein serve to e nsure ADUs and JADUs are constructed in a manner that is consistent with the requirements and allowances of state law and contribute to a suitable living environment for all.

2. General Plan Consistency. ADUs and JADUs are a residential use consistent with the existing general plan and zoning designation. This section furthers the goals, objectives, and policies of the General Plan Housing Element.

3. Applicability. Under state law, the city must allow for ADUs and JADUs. A local homeowner’s association cannot prohibit the construction of an ADU or a JADU. This section addresses all requirements of state law regarding ADUs.

B. Approval Authority. Approval of an ADU or JADU within a residential, mixed -use zone, multiple-family, or specific plan zone allowing residential or mixed use is considered a ministerial action, and the approval authority is the community developme nt director. Approval of an accessory dwelling unit is subject to all applicable requirements established within this section, as well as all building, fire, engineering, flood, water quality, environmental codes, standards, and permitting fees established by the city.

C. Application and Processing.

1. Applications for ADUs that meet all the requirements of this section shall be ministerial and reviewed and processed with a building permit, subject to conditions of ap proval. Applicants seeking to develop ADUs have two primary pathways for compliance, as outlined below. These pathways may be combined.
a. Local Development and Design Standards: This option follows the City of Moreno Valley's local development standards, as permitted under California Government Code 66314 to 66322.

Applicants choosing this path must adhere to the city's established regulations and requirements. b. By-Right Accessory Dwelling Unit Development Standards: This alternative provides a by- right development option in alignment with California Government Code Section 66323, allowing for a streamlined approval process exempt from many of the City of Moren o Valley’s local standards.

Table 1: Types of Accessory Dwelling Units (ADUs)
Local Development Standards By- Right ADU Development Standards

Primary
Dwelling Type
Single-Family or Multiple-Family
Dwelling
Single-Family Multiple-Family
Dwelling
29 2

Number of
ADUs
Allowed Per Lot
2 ADUs with

1 ADU (either Attached,
Detached, or Conversion)
+
1 JADU

3 ADUs, which must be
a combination of the
following:
1 Conversion
+
1 JADU
+
1 Detached ADU
At least 3 ADUs

With a proposed
multiple-family
dwelling:

Up to two
detached ADUs

With an existing
multiple-family
dwelling*:

Up to eight
detached ADUs
+
1 Attached ADU or
up to 25% of
existing units by
the conversion of
existing non-
habitable space

* ADUs cannot exceed the number of existing primary dwelling units on the lot.

2. Applications for multiple-family ADUs consistent with this section: Applications for multiple- family ADUs, either detached or within an existing permitted structure or dwelling, shall be made to the community development department and shall be pe rmitted ministerially with approval of both an administrative plot plan and building permit. The administrative plot plan will include all the items in subsection (C)(3) below.

3. With regard to evaluating whether the ADU meets the standards of this section, the building permit application or administrative plot plan application, as applicable, shall include the following:
a. A detailed description and scaled, dimensioned floor plan of the proposed ADU, clearly illustrating the bedroom(s), bathroom(s), kitchen, and other features or other proposed habitable areas;
b. A detailed description and scaled, dimensioned elevation of the proposed ADU, clearly illustrating the exterior entrance of the ADU;
c. A scaled, dimensioned site plan of the property clearly illustrating the location of all improvements on site (existing primary residence, garage, driveway(s), fences/walls, accessory structures, public right-of-way improvements, etc.) and where the ADU shall be located; d. The scaled, dimensioned site plan of the property shall note the use(s) of all buildings existing on the site.

4. Applications to create an ADU or JADU shall be approved or denied within 60 days from the date the permitting agency receives a completed application if there is an existing single - 30 3

family or multifamily dwelling on the lot. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, there will be a delay in approving or denying the permit application for the ADU or JADU until the City approves or denies the permit application to create a new single-family or multifamily dwelling on the lot. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.

5. The City shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after an ADU or JADU application is submitted.

6. If any ADU or JADU application is denied, the applicant will receive a full set of comments listing the specific items that are defective or deficient, along with a description on how the application can be remedied by the applicant pursuant to Cal ifornia Government Code Section 66317.

7. If the property on which the ADU or JADU is proposed is served by a septic system, the applicant must verify with the Riverside County Environmental Health Department that the system can adequately support an ADU or JADU prior to submitting an application to the City of Moreno Valley.

D. Development Standards and Requirements. Accessory dwelling units shall comply with the following development standards as described below and as shown in Tables 1 and 2:

1. Permitted ADUs. An ADU is permitted if the lot is zoned for single -family, multifamily use, or mixed use that allows for residential use, and it contains an existing single-family or multifamily structure. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. Additionally, an ADU or JADU is allowed within the proposed space of a single-family dwelling, or the existing space of a single- family dwelling, or an accessory structure.
a. Existing Single -Family Structure/Primary Dwelling Unit. For an existing single -family structure, one ADU and one JADU are permitted. An ADU may be detached or attached. A JADU must be contained within the space of an existing single-family structure.

For an existing single -family structure, a homeowner who meets the specified requirements of Government Code Section 66323 (66323 Units) may create three ADUs on one lot using the By- Right Accessory Dwelling Unit Development Standards.
b. Existing Multifamily Structure. Within an existing multifamily structure, up to 8 detached ADUs are allowed on a lot, provided that the number of ADUs does not exceed the number of existing units on the lot. At least one (but no more than 25% of the number of existing units) attached ADU can be created from the conversion of existing non -habitable space. These units must also meet the By-Right Accessory Dwelling Unit Development Standards (Section 66323). c. Proposed Multifamily Structure. Up to 2 detached ADUs on a lot. These units must also meet the By-Right Accessory Dwelling Unit Development Standards (Section 66323). d. Accessory Structure Conversion. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

Additionally, an ADU is allowed within the proposed space of a single -family dwelling, or the 31 4

existing space of a single-family dwelling, or an accessory structure. A JADU is allowed within the proposed space of a single-family dwelling or the existing space of a single-family dwelling.

2. Lot Size. No minimum lot size is required if the ADU meets the setbacks described in this section.

3. ADU Size.
a. Minimum. The minimum unit size for a JADU per state law is one hundred fifty (150) square feet. There is no minimum unit size for other ADU structures, provided that the ADU is in compliance with state laws, including building, health, and safety codes. b. Maximum. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. (Gov. Code, § 66323, subd. (a)(1).)
c. Detached ADUs. The maximum unit size shall be one thousand (1000) square feet, unless located on the same parcel as a multifamily structure, in which case there is no maximum unit size. The conversion of an existing accessory structure or a portion of the existing primar y residence to an ADU is not subject to unit size requirements. d. Attached ADUs. If there is an existing single-family dwelling on the site, the attached ADU shall be no larger in size than eight hundred fifty (850) square feet for an efficiency or one bedroom, and no larger than one thousand (1,000) square feet for two or more bedrooms. For multifamily, there is no maximum unit size.

4. Setbacks.
a. Front Setbacks. ADUs shall comply with the front setback requirement of the underlying zone. The front setback does not apply to an internal ADU, JADU, or ADUs under By -Right Accessory Dwelling Unit Development Standards (Section 66323). b. Side and Rear Yard Setbacks. Setbacks for ADUs are summarized in Tables 1 and 2.

Setbacks would generally not apply to JADUs or internal ADUs entirely contained within an existing dwelling unit; however, if constructed in conjunction with a new si ngle-family residence, then the setbacks for the underlying zone would apply. Setbacks would not apply to an existing accessory building converted into an ADU.
c. If constructed in conjunction with a single-family residence, the street-side setbacks for the underlying zone would apply. The street -side setback requirement is not applicable to a JADU, an attached ADU entirely contained within an existing dwe lling unit, or an attached ADU which may be constructed at a setback equal to that of the primary dwelling, but no less than four feet.

5. Distance Between Structures. The standard for distance between structures of the underlying residential zone will apply where feasible, but if necessary, will be adjusted to accommodate an ADU that is eight hundred (800) square feet or less, sixteen (16) feet in height, and with rear and side setbacks of no less than four feet. Any accommodation for the distance between structures will need to be evaluated for consistency with building codes for protection of public safety and approved by the community development director or designee.

6. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall include a kitchen and bathroom.

E. Design Requirements for Accessory Dwelling Units - Local Development Standards

1. The entrance to an attached ADU shall be separate from the entrance to the primary dwelling unit.
32 5

2. When a garage is converted into an ADU, a landscaped area with a depth of at least two feet shall be provided for the area adjacent to the garage door.

3. Plans shall demonstrate an unobstructed passageway extending from a street to one entrance of the ADU.

4. ADUs, when converted from existing accessory buildings, are permitted without additional restrictions provided the structure has independent exterior access and side and rear setbacks sufficient for fire safety, provided that no more than one hundred fifty (150) square feet is added for ingress/egress, subject to the requirements of state law.

5. Outside stairways serving ADUs should not be located on any building elevation facing a public street.

Table 1: Accessory Dwelling Units - Local Development Standards Local
Development
Standards
Requirements
Detached
ADUs
Attached
ADUs
Interior
ADUs
Lot Coverage The same standard as for the property (1)
Open Space Shall not reduce the open space as required as for the property (1)
Maximum Size 1,000 SF 50% of the
existing
primary
dwelling (2)
N/A
Maximum Height 20 feet The same standard as for the
property
Minimum Living Area 150 SF
Property Line
Setbacks
Front The same standard as for the property (3)
Rear 4 feet
Interior/Street
Side
4 feet
Separation from
Primary
Dwelling Unit (1)
If located in
front of/behind
the primary
dwelling unit
10 feet
If located to the
side of the
primary
dwelling unit
5 feet
Separation from
Accessory
Structure(s)
If located in
front of/behind
the primary
dwelling unit
10 feet
If located to the
side of the
5 feet
33 6

primary
dwelling unit
Exceptions:
(1) Standards do not apply to an ADU eight hundred (800) square feet or smaller with four - foot side and rear setbacks.
(2) Attached ADUs shall not exceed fifty percent (50%) of the floor area of the existing primary dwelling. However, notwithstanding this maximum, a minimum living area of one thousand (1,000) square feet shall be permitted.
(3) An ADU up to eight hundred (800) square feet with a with four-foot side and rear setbacks may encroach into the front yard setback area when there is no other unimproved location on the property with dimensions and physical area equal to or larger than the proposed ADU, taking into account the exceptions to minimum required private open space and minimum building separation distances, as provided for by Note #1.

Table 2: Accessory Dwelling Units – By-Rights Development Standards By-Right
Development
Standards
Single-Family Properties Multifamily Properties
Interior/Conversion New
Detached
Interior/Conversion New Detached
Maximum
Number
1 1 8 not to
exceed the
number of
primary
dwelling units
Maximum Size N/A 800 SF N/A N/A
Maximum
Height
The same
standard as for the
property
20 feet The same
standard as for the
property
20 feet
Setbacks
Front The same
standard as for the
property
N/A The same
standard as for the
property
N/A
Side 4 feet 4 feet
Rear 4 feet 4 feet
Separation
from other
Buildings
The same
standard as for the
property
N/A The same
standard as for the
property
N/A

F. Parking Requirements for Accessory Dwelling Units - Local Development Standards

1. Parking requirements, consistent with Chapter 9.11 of this title:
a. Unless the JADU or ADU is exempt from parking requirements as described in subsection (F)(2), one parking space is required per accessory dwelling unit or per bedroom of an accessory dwelling unit, whichever is less, and may be provided through ta ndem parking on a driveway unless specific findings are made that parking in setback areas or tandem parking is not feasible 34 7

based upon specific site or regional topographical or fire and life safety conditions. b. Parking is allowed in rear and side setback areas, and in a paved driveway in the front setback area if parking in the rear and side setback areas is not possible, provided that all other development standards are satisfied, including minimum front yard landscaping standards. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces will not be required to be replaced.
d. No replacement parking when an uncovered parking space is demolished for or replaced with an ADU.

2. Parking Exemptions. Additional parking spaces are not required for ADUs, nor for JADUs in any of the instances listed in subsections (F)(2)(a) through (e) below. Further, JADUs within the living area of the primary dwelling unit are exempt from al l parking requirements, but the standards in subsection (F)(1) would apply if a garage is converted to a JADU. a. The ADU is located within one-half mile of a public transportation stop along a prescribed route according to a fixed schedule; or
b. The ADU is located within one block of a car share parking spot; or c. The ADU is located in a historic district listed in or formally determined eligible for listing in the National Register of Historic Places and the California Register of Historical Resources or as a city historic preservation overlay zone; or
d. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
e. The accessory dwelling unit is part of the existing dwelling unit or an existing accessory structure.

G. JADU Requirements. As specified in state law, specific requirements apply only to junior accessory dwelling units. The development standards for JADUs are summarized in Table 2. The standards and requirements for JADUs are as follows:

1. JADUs must be constructed entirely within the walls of the primary structure and have their own entrance.

2. The JADU cannot exceed five hundred (500) square feet of interior livable space.

3. JADUs are limited to one per residential lot if a single -family residence is already constructed on a lot.

4. The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-family residence.

5. The owner shall execute a covenant and agreement in a form acceptable to the city to document that either the primary dwelling unit or the accessory dwelling unit will be owner - occupied if the JADU shares sanitation facilities with the existing structure. If the property owner is a governmental agency, land trust, or housing organization, or the JADU has its own sanitation facilities, then owner occupancy cannot be required.

6. The JADU must include a cooking facility with appliances (Government Code section 66333, subdivision (f)(1)).

7. The JADU may share a bath with the primary residence or may have its own bath.

8. An interior entry into the single -family residence is not required, unless JADU shares a 35 8

bathroom with the primary dwelling. In this instance, the JADU is required to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.

9. The JADU is to be considered part of the single -family residence for purposes of fire and life protection ordinances and regulations, such as sprinklers and smoke alarms.

10. Additional parking may only be required if a garage is converted into a JADU as described in subsection F above.

11. Water, sewer, and power connection fees may not be required.

H. Fees. ADUs shall be subject to all development fees specified by city ordinances or resolutions for ADUs. Impact fees may not be imposed on JADUs and ADUs smaller than seven hundred fifty (750) square feet. For ADUs greater than seven hundred fifty (750) square feet, local agencies must assess an impact fee that correlates to square footage of primary residence. ADUs shall not be considered new residential uses for purpose of calculating utility connection fees or capacity charges, including water or sewer service.

I. Enforcement. Upon application and approval, the city must delay enforcement against a qualifying substandard ADU for five years to allow the owner to address the violation, so long as the violation is not a health and safety issue, as determined by the community development department.

J. ADUs may be sold or otherwise conveyed separately from the primary dwelling if it is owned by a qualified nonprofit corporation whose mission is to provide units to low -income households and that they complete a deed-restricted sale consistent with state law (Government Code Section 66341).

K. ADUs may be sold or otherwise conveyed separately from the primary residence as a condominium pursuant to Section 66341.

L. An accessory dwelling unit created pursuant to this municipal code section shall only be rented for a period of longer than thirty (30) days as specified in state law.

M. U npermitted ADUs or JADUs (Section 66332 of the Government Code - AB 2533).

Notwithstanding any other law, a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:

1. The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

2. The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.

3. This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

4. Homeowners, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.

5. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324.
36 9

6. Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City of Moreno Valley may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.

N. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Livable space” means only spaces intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Multifamily buildings can convert non -livable space to ADUs, which will allow spaces such as laundry rooms and community rooms to be converted to ADUs.
“Multifamily Dwelling” means, for the purposes of State ADU Law, a structure with two or more attached dwellings on a single lot. Multiple detached single -family dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law. “Passageway” means a pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the accessory dwelling unit.

§ 9.17.080 Multifamily residential development.

A. Front, side, and rear yard setback areas adjacent to streets shall be suitably landscaped and continuously maintained in accordance with the City of Moreno Valley Objective Design Standards for Multiple-Family and Mixed -Use Residential Developments and Cha pter 9.17 (Landscaping and Water Efficiency Requirements), except that Sections 9.17.050 (Parking and Drive-Through Landscape Areas), 9.17.070 (Single -Family Residential Development), and 9.17.090 (Commercial, Industrial, Public, and Quasi-Public Development) shall not apply.

B. Landscape areas shall consist predominately of plant materials, except for necessary walks and fences/walls. The use of permeable surfaces is recommended for walks and patios to reduce water run-off.

C. Trees shall be positioned such that trees are planted to shade paved areas and west - and south-facing windows for energy -efficient savings; coniferous or nonwinter deciduous trees are kept away from south -facing windows in order to allow for heat gain duri ng winter months. The larger sized trees should be placed at entries and accent areas.

D. Turf shall be limited and installed in usable gathering areas only with a maximum of 25%.

37 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
CHAPTER 12.02 (MOBILE VENDING) OF TITLE 12 (VEHICLES AND

TRAFFIC) OF THE MORENO VALLEY MUNICIPAL CODE
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, morals and/or safety; and WHEREAS, staff has determined that proposed revisions to Chapter 12.02 (Mobile Vending) of Title 12 (Vehicles and Traffic) of the Moreno Valley Municipal Code are necessary to address protections and enforcement rules for sidewalk vendors operating throughout the City; and
WHEREAS, staff ha s determined that the amendments are exempt from the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and
WHEREAS, on March 17, 2026, a duly noticed public hearing was conducted by the City Council at which time all interested persons were provided an opportunity to testify and to present evidence.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.

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

Section 3. AMENDMENT TO SECTION 12.02.001 (DEFINITIONS) 38 Section 12.02.001 (Definitions) of Chapter 12.02 (Mobile Vending) of Title 12 (Vehicles and Traffic) is hereby amended as set forth in Exhibit A.

Section 4. AMENDMENT TO SECTION 12.02.019 (PENALTY FOR

VIOLATION)
Section 12.02.019 (Penalty for Violation) of Chapter 12.02 (Mobile Vending) of Title 12 (Vehicles and Traffic) is hereby amended as set forth in Exhibit A.

Section 5. AMENDMENT TO SECTION 12.02.020 (STREET VENDOR PROTECTION ACT (SB635))
Section 12.02.020 (Street V endor Protection Act (SB635) of Chapter 12.02 (Mobile Vending) of Title 12 (Vehicles and Traffic) is hereby amended as set forth in Exhibit A.

Section 6. CEQA COMPLIANCE
That the proposed ordinance is exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Section 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 9. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 10. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted. 39 INTRODUCED at a regular meeting of the City Council on _, , and PASSED, APPROVED, and ADOPTED by the City Council on , , by the following vote:

Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

M. Patricia Rodriguez, City Clerk, CMC

APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney
40 ORDINANCE JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
ss. CITY OF MORENO VALLEY

)

AYES:

NOES:

ABSENT:

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

CITY CLERK

(SEAL)
41 1

EXHIBIT A

§ 12.02.001. Definitions.

For the purpose of this chapter, unless the context clearly requires otherwise, the words and phrases used in this chapter shall have the following meanings:
"Business license officer"
means the finance officer of the city or the designee of such finance officer. “Immigration enforcement”
means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.
"Mobile vending"
means the conduct of a business by means of an automobile, truck, automobile tank, cart, wagon, motorcycle or any other vehicle which may be used to transport, sell, collect or deliver goods, wares, merchandise or property of any kind from a vehicle, either as a principal business or in connection with any other business, or in the solicitation of work, labor or services to be performed on the public streets or private places in or from a vehicle. "Mobile vending vehicle"
means a vehicle, as described in this section, used in the conduct of a mobile vending business. "Mobile vendor"
means any person, as defined in this chapter, who: (1) conducts, permits or causes the operation of any type of mobile vending; (2) owns, operates, controls, manages or leases mobile vending vehicles; or (3) contracts with persons to drive and/or vend items from a mobile vending vehicle.
"Person"
means any natural person, firm, partnership, association, corporation or stockholder, and includes, but is not limited to, owners, operators, drivers, lessors and lessees of mobile vending vehicles.
“Personally identifiable information”
means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual. “Sidewalk vendor”
means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. Such nonmotorized conveyances shall not be 42 2

considered a mobile vending vehicle nor a mobile vendor operation for purposes of this Chapter.

A sidewalk vendor may be either:

1. Stationary — vending from a fixed location; or

2. Roaming — moving from place to place and stopping only to complete a transaction. § 12.02.019. Penalty for mobile vending violation.

A. Any person who violates any mobile vending provision of this chapter, upon conviction thereof shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of Section 1.01.230 of this code.

B. In addition to any other penalty prescribed for a violation of any mobile vending provisions of this chapter, upon a determination by the business license officer that a person has violated any provision hereof, the business license officer shall revoke each and all business licenses which have been issued pursuant to Chapter 5.02 of this code to the person who committed such violation and to the business by whom such person was employed when the violation occurred.

C. In addition to any other penalty prescribed for a violation of any mobile vending provisions of this chapter, such a violation shall constitute grounds for denial of the issuance or renewal of such a business license to the person who committed the violation and to the business by whom such person was employed when the violation occurred.
§ 12.02.020 Street Vendor Protection Act (SB 635).

A. The following provisions are applicable only to street vendors as defined in Section 12.02.001. (Definitions).

B. Except as otherwise required by state or federal law, the City shall not provide voluntary consent to any individual to access, review, or obtain any of the City’s records obtained pursuant to this chapter that include personally identifiable information o f any sidewalk vendor in the jurisdiction without a subpoena or judicial warrant. This paragraph does not prohibit the City from challenging the validity of a subpoena or judicial warrant in a federal district court.

C. The City and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor obtained pursuant to this chapter that is requested, except pursuant to a subpoena or a valid judicial warrant.

D. The City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number for the purposes of obtaining a Business License and the nu mber collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order.

E. The City shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth.

F. The City shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or valid business license for mobile vending.

G. Any personally identifiable information collected by the City pursuant to this Section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

H. When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of the City shall not do any of the following:

1. Use City moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter.

2. Inquire into an individual’s immigration status.
43 3

3. Place City personnel under the supervision of an agency conducting immigration enforcement, or employ City personnel deputized under the authority of an agency conducting immigration enforcement.

4. Use an officer or employee of an agency conducting immigration enforcement as an interpreter for City matters, or use City personnel as interpreters for officers or employees of an agency conducting immigration enforcement.

I. When enforcing any provision of this Chapter regulating a sidewalk vendor, an agency or department of a City that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not use City moneys or personnel to investigate, interro gate, detain, detect, or arrest persons for purposes other than those identified in this chapter.

J. A violation of any provision of this Chapter by a sidewalk vendor, mobile vendor or employee of a mobile vendor shall not be punishable as an infraction or misdemeanor, and a mobile vendor or employee of a sidewalk vendor, mobile vendor alleged to have vio lated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.

K. This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from re questing from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.

L. A violation of the rules and regulations set forth in this Chapter for Sidewalk Vending is punishable by the following:

1. An administrative fine in the amount of one hundred dollars ($100) for a first violation.

2. An administrative fine in the amount of two hundred dollars ($200) for a second violation within one year of the first violation.

3. An administrative fine in the amount of five hundred dollars ($500) for each additional violation within one year of the first violation.

1. Sidewalk Vendors operating without a valid business license may be punishable by the following in lieu of the administrative fines set forth in Section 12.02.020(K):
a. An administrative fine in the amount of two hundred fifty dollars ($250) for a first violation.
b. An administrative fine in the amount of five hundred dollars ($500) for a second violation within one year of the first violation.
c. An administrative fine in the amount of one thousand dollars ($1,000) for each additional violation within one year of the first violation.

2. Upon proof of a valid permit issued by the City, the administrative fines set forth in this subsection shall be reduced to the administrative fines set forth in Section 12.02.019(A), respectively.

3. When assessing an administrative fine pursuant to Section 12.02.019(A), and Section

12.02.019(B), the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability -to-pay determination at adjudication or while the judgment remains unpaid, including wh en a case is delinquent or has been referred to a comprehensive collection program.

4. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.

N. Nothing in this Chapter shall be construed to impose requirements on sidewalk vendors beyond those permitted by the Street Vendor Protection Act (Government Code §§ 51036–51039). 44 1

STUDY SESSION MEETING
March 10, 2026
6:00 pm

CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS*

CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING CORPORATION BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

MORENO VALLEY COMMUNITY FOUNDATION BOARD OF DIRECTORS

A. CALL TO ORDER
The Joint Study Session of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Corporation, Moreno Valley Public Financing Authority, the Board of Library Trustees, and the Moreno Valley Community Foundation Board of Directors was called to order at 6:02 pm by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street.

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

B. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Delgado.

C. ROLL CALL

Present:
45 2
Cheylynda Barnard Councilmember
Erlan Gonzalez- Councilmember
Ed Delgado - Councilmember
Elena Baca-Santa Cruz – Mayor Pro Tem
Ulises Cabrera – Mayor
D. INTRODUCTIONS
Patty Rodriguez – Manager of the Office of the Mayor and City Council/City Clerk Sonia Gomez – Senior Deputy City Clerk
Steven Quintanilla- City Attorney
Brian Mohan - City Manager
Launa Jimenez – Assistant City Manager/Administration
Sean Kelleher – Assistant City Manager/Development Services Angelica Frausto-Lupo – Community Development Director
Kyle Warsinski – Economic Development Director
Harold Zamora - Assistant City Engineer
Claudia Torres - Parks Special Events and Facilities Division Manager Robert Cardenas - Human Resources Director
Sarah Mack - Chief of Police
E. PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY
F. BUSINESS
F.1 MORENO VALLEY COLLEGE PRESENTATION (REPORT OF: DR.

RUDY BESIKOF)
City Manager Brian Mohan introduced President of Moreno Valley College, Dr. Rudy Besikof.

Moreno Valley College President, Dr. Rudy Besikof provided the presentation.

With the conclusion of the presentation, Mayor Cabrera called for Council questions of staff.
46 3
Councilmember Delgado, Councilmember Baca-Santa Cruz and Mayor Cabrera asked questions of President Besikof.

Moreno Valley College President Rudy Besikof responded to Council's inquiries.

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

Christopher Baca

1. Concerns.

With the conclusion of public comments, Mayor Cabrera called for the next item to be heard.

F.2 DEVELOPMENT PROCESS (REPORT OF: COMMUNITY

DEVELOPMENT)
Community Development Director Angelica Frausto-Lupo, City Attorney Steven Quintanilla, Assistant City Engineer Harold Zamora, and Economic Development Director Kyle Warsinski provided the staff report.

City Manager Brian Mohan provided additional information.

Mayor Pro Tem Gonzalez, Councilmember Delgado, and Mayor Cabrera asked staff questions.

Economic Development Director Kyle Warsinski, Community Development Director Angelica Frausto-Lupo, City Manager Brian Mohan, and City Attorney Steven Quintanilla responded to Council's inquiries.

Mayor Cabrera stepped away from the dais from 6:53 p.m. and returned at 6:59 p.m.

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

Christopher Baca

1. Concerns.

With the conclusion of public comments, Mayor Cabrera called for the next item to be heard.

Councilmember Barnard stepped away from the dais at 7:29 p.m. and returned at 7:33 p.m.

F.3 LAW ENFORCEMENT UPDATE (REPORT OF: POLICE)
47 4
Chief Sarah Mack provided the staff report.

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

Councilmember Delgado, Councilmember Baca-Santa Cruz, and Councilmember Barnard thanked Chief Sarah Mack.

Mayor Pro Tem Gonzalez asked questions of staff.

Chief Sarah Mack responded to Mayor Pro Tem Gonzalez's inquiry.

Mayor Cabrera provided comments on the item.

With no further Council questions, Mayor Cabrera called for the next item to be heard.

F.4 FIRE DEPARTMENT UPDATE (REPORT OF: FIRE)
Chief Fire Park Jesse Park provided the staff report.

Councilmember Delgado, Councilmember Baca-Santa Cruz, and Mayor Cabrera provided comments on the item.

Mayor Pro Tem Gonzalez stepped away from the dais at 8:04 p.m. and returned at 8:12 p.m.

With no further Council questions or public comments, Mayor Cabrera adjourned the meeting.

G. ADJOURNMENT
There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 8:18pm.

48 5
Submitted by:

____________________________
M. Patricia Rodriguez
Manager of the Office of the Mayor and City Council/City Clerk Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Moreno Valley Public Financing Corporation
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Secretary, Moreno Valley Community Foundation

Approved by:

_____________________________
Ulises Cabrera
Mayor, City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Moreno Valley Public Financing Corporation Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
Chairperson, Moreno Valley Community Foundation

49 1

CLOSED SESSION MEETING
March 17, 2026
4:00 pm

CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS*

CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING CORPORATION BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

MORENO VALLEY COMMUNITY FOUNDATION BOARD OF DIRECTORS

A. CALL TO ORDER
The Closed Session of the City Council of the City of Moreno Valley, Moreno Valley Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Housing Authority, Moreno Valley Public Financing Corporation, Moreno Valley Public Financing Authority, Board of Library Trustees, and the Moreno Valley Community Foundation Board of Directors was called to order at 4:01 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street, Moreno Valley, California. *Mayor Cabrera announced that the City Council receives a separate stipend for CSD meetings
B. ROLL CALL
Ulises Cabrera - Mayor
Erlan Gonzalez - Mayor Pro Tem
Elena Baca - Santa Cruz - Councilmember
Ed Delgado - Councilmember
50 2

Absent:

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

D. CLOSED SESSION
D.1 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE

TO LITIGATION
Pursuant Government Code Section 54956.9(d)(2)
Number of Potential Case(s): One
D.2 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL INITIATION OF

LITIGATION
Pursuant to Government Code Section 54956(d)(4)
Number of Potential Case(s): Two
Mayor Cabrera recessed the City Council to the Training Room, second floor, City Hall, for their Closed Session at 4:02 pm.

Mayor Cabrera reconvened the City Council in the Council Chamber from their Closed Session at 5:27 pm.

E. REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY

ATTORNEY
City Attorney Steven Quintanill a announced that there is no reportable action for Item D.1. However for Item D.2, there was reportable action on one of the two matters "The City Council voted 4 -0, with Mayor Cabrera, Mayor Pro Tem Gonzalez, Councilmember Baca -Santa Cruz, and Councilmem ber Delgado, voting yes, with Councilmember Barnard absent, to authorize the City Attorney to seek the judicial appointment of the receiver to address the multiple code violations and state housing code violations at the Segovia Apartment complex".

F. ADJOURNMENT
There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 5:28 pm.

51 3
Submitted by:

___________________________
M. Patricia Rodriguez
Manager of the Office of the Mayor and City Council/City Clerk Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Moreno Valley Public Financing Corporation
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Secretary, Moreno Valley Community Foundation

Approved by:

___________________________
Ulises Cabrera
Mayor, City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Moreno Valley Public Financing Corporation Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
Chairperson, Moreno Valley Community Foundation

52 1

REGULAR CITY COUNCIL MEETING
March 17, 2026
6:00 pm

CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS*

CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING CORPORATION BOARD OF DIRECTORS

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

MORENO VALLEY COMMUNITY FOUNDATION BOARD OF DIRECTORS

SPECIAL PRESENTATIONS (5:30pm)

1. RECOGNITION: WORLD ROTARY DAY
Mayor Pro Tem Gonzalez presented the Recognition for World Rotary Day to President David Slawson and President-Elect Designate, Joe Cleary.

2. RECOGNITION: GOVERNMENT FINANCIAL PROFESSIONALS WEEK Councilmember Baca -Santa Cruz presented the Recognition for Government Financial Professionals Week to Chief Financial Officer Felcia London and the Finance and Management Services Department.

3. RECOGNITION: NATIONAL PROCUREMENT MONTH
Councilmember Delgado presented the Recognition for National Procurement Month to Purchasing and Sustainability Division Manager Anna Chacon and the Purchasing and Sustainability team.

4. RECOGNITION: NATIONAL NUTRITION MONTH
53 2
Mayor Cabrera presented the Recognition for National Nutrition Month to Razan Akili, a Moreno Valley resident and senior studying Dietetics at California State Polytechnic University, Pomona.

A. CALL TO ORDER
The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Corporation, Moreno Valley Public Financing Authority, the Board of Library Trustees, and the Moreno Valley Community Foundation Board of Directors was called to order at 6:00pm by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street.

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

B. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Gonzalez.

C. INVOCATION
The invocation was given by Pastor Andross K. Milteer, M.A. from AK Quinn African Episcopal Church.

D. LAND ACKNOWLEDGEMENT
Mayor Cabrera provided the Land Acknowledgement statement.

E. ROLL CALL

Present:

Ed Delgado - Councilmember
Elena Baca-Santa Cruz - Councilmember
Erlan Gonzalez - Mayor Pro Tem
Ulises Cabrera - Mayor

Absent:

Cheylynda Barnard - Councilmember
F. MOTIONS TO EXCUSE ABSENCES
None.
54 3
Approve Excused Absences
G. STAFF INTRODUCTIONS
H. APPROVAL OF ORDER OF AGENDA
Mayor Cabrera provided the following statement: “I have been informed that item J.16 “Adoption of Ordinance and Resolution amending Transportation Uniform Mitigation Fee (TUMF) program and rates” should be moved to the public hearing calendar as item K.2 since it was noticed as a public hearing item.

Moved by: Councilmember Delgado District 2
Seconded by: Councilmember Baca-Santa Cruz District 1
Approve Agenda Order
Ayes (4): Mayor Cabrera, Councilmember Baca-Santa Cruz District 1, Councilmember Delgado District 2, and Mayor Pro Tem Gonzalez District 3 Absent (1): Councilmember Barnard District 4
RESULT: Approved (4 to 0)
I. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA
Fred Banuelos

1. Public Safety.

JoAnn Rozale

1. Senior Citizen's Center Parking Lot.

Omar Cobian

1. Carpenters Union.

Seth Cox

1. Happy Birthday Councilmember Barnard.

Louise Palomarez

1. Concerns.

Roy Bleckert

1. Concerns.

Steven Miller

1. Moreno Valley Mall update.
55 4
J. JOINT CONSENT CALENDARS
Mayor Cabrera asked the City Council if there were any items they would like pulled for separate action or discussion.

Mayor Cabrera stated he would like to pull item J.15 for separate action and discussion.

Fire Chief Jesse Park, City Manager Brian Mohan, Public Works Director Melissa Walker provided updates on comments provided during public comment.

With no further comments from City staff, Mayor Cabrera called for public comments to be heard.

Louise Palomarez (J.7)

1. Concerns.

City Manager Brian Mohan provided additional information regarding item J.7.

Mayor Cabrera entertained a motion to approve the Consent Calendar, excluding item J.15.

Moved by: Councilmember Delgado
Seconded by: Councilmember Baca-Santa Cruz District 1
Approve the Joint Consent Calendars
Ayes (4): Mayor Cabrera, Councilmember Baca-Santa Cruz District 1, Councilmember Delgado District 2, and Mayor Pro Tem Gonzalez District 3 Absent (1): Councilmember Barnard District 4
RESULT: Approved (4 to 0)
J.1 ORDINANCES – SECOND READING/ADOPTION
J.1.1 ADOPTION (SECOND READING) OF ORDINANCE NO. 1038

ESTABLISHING A VETERANS ADVISORY COMMISSION
J.2 MINUTES - CITY COUNCIL - SPECIAL MEETING - FEBRUARY 26, 2026 6:00 PM
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
Approval of City Council and Affiliated Boards’ Regular Meeting Minutes for February 26, 2026 Special Meeting, February 26, 2026 Special Closed Session, March 3, 2026 Closed Session and March 3, 2026 Regular Meeting.
56 5
RESULT: Approved
J.3 MINUTES - CITY COUNCIL - SPECIAL CLOSED SESSION - FEBRUARY 26, 2026 8:00 PM
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
Approval of City Council and Affiliated Boards’ Regular Meeting Minutes for February 26, 2026 Special Meeting, February 26, 2026 Special Closed Session, March 3, 2026 Closed Session and March 3, 2026 Regular Meeting.

RESULT: Approved
J.4 MINUTES - CITY COUNCIL - CLOSED SESSION - MARCH 3, 2026 4:00 PM
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
Approval of City Council and Affiliated Boards’ Regular Meeting Minutes for February 26, 2026 Special Meeting, February 26, 2026 Special Closed Session, March 3, 2026 Closed Session and March 3, 2026 Regular Meeting.

RESULT: Approved
J.5 MINUTES - CITY COUNCIL - REGULAR MEETING - MARCH 3, 2026 - 6:00 PM
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
Approval of City Council and Affiliated Boards’ Regular Meeting Minutes for February 26, 2026 Special Meeting, February 26, 2026 Special Closed Session, March 3, 2026 Closed Session and March 3, 2026 R egular Meeting.

RESULT: Approved
J.6 SETTING ASIDE ACTIONS APPROVING HEACOCK STREET
AUTOMOBILE PARKING LOT PLOT PLAN (PEN21-0102) PURSUANT
PEREMPTORY WRIT OF MANDATE (CASE NO. 2301559) (REPORT
OF: CITY ATTORNEY) (DISTRICT 4)
57 6
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1

1. Adopt Resolution No. 2026-11 to:
(a)Void, vacate, and set aside in its entirety Resolution No. 2022 -41, a Resolution of the Planning Commission of the City of Moreno Valley, California, Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Plot Plan (PEN21 -0102) for an Automobile Parking Lot Located on the East Side of Heacock Street North of the Perris Valley Storm Drain (APN 316-211-014);
(b)Void, vacate, and set aside in its entirety Resolution No. 2022 -42, a Resolution of the City of Moreno Valley, California, Approving Plot Plan (PEN21-0102) for an Automobile Parking Lot Located on the East Side of Heacock Street North of the Perris Valley Storm Drain (APN 316-211-014); (c)Void, vacate, and set aside in its entirety Resolution No. 2023 - 08, a Resolution of the City Council of the City of Moreno Valley, California, Denying Appeals (PAA22 -0005) and(PAA23 -0003) and Upholding the Planning Commission’s Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Plot Plan PEN21 -0102 for the Proposed Automobile Parking Lot located on the East Side of Heacock Street North of the Perris Valley Storm Drain( APN 316 - 211- 014); and
(d)Void, vacate, and set aside in its entirety Resolution No. 2023 - 09, a Resolution of the City Council of the City of Moreno Valley, California, Denying Appeals (PAA22 -0005) and(PAA23 -0003) and Upholding the Planning Commission’s Approval Plot Plan PEN21-0102) for the Proposed Automobile Parking Lot located on the East Side of Heacock Street North of the Perris Valley Storm Drain (APN 316-211- 014).

RESULT: Approved
J.7 COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2025-2026, JULY 1, 2025 – JANUARY 31, 2026 (REPORT OF:

CITY CLERK) (DISTRICT: ALL DISTRICTS)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:
58 7

1. Receive and file the Fiscal Year 2025/2026 Council Discretionary Expenditure Report for July 1, 2025 – January 31, 2026.

RESULT: Approved
J.8 COUNCIL TRAINING & TRAVEL EXPENDITURE REPORTS FOR
FISCAL YEAR 2025-2026 (REPORT OF: CITY CLERK) (DISTRICT: ALL

DISTRICTS)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Receive and file Fiscal Year 2025/2026 City Council Training & Travel Expenditure Report for the month of January 2026.

RESULT: Approved
J.9 RESOLUTION UPDATING THE RECORDS RETENTION SCHEDULE
(REPORT OF: CITY CLERK) (DISTRICT: ALL DISTRICTS)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Adopt Resolution 2026-12 Updating the Records Retention Schedule.

RESULT: Approved
J.10 ANNUAL PROGRESS REPORT AS REQUIRED BY GOVERNMENT
CODE 65400 (REPORT OF: COMMUNITY DEVELOPMENT) (DISTRICT:

NOT APPLICABLE)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Adopt Resolution No. 2026-13 approving the 2006 General Plan Annual Progress Report and directing staff to submit the Annual Report to the Governor's Office of Land Use and Climate Innovation (LCI) and the California Department of Housing and C ommunity Development (HCD) by April 1, 2026.

RESULT: Approved
59 8
J.11 AUTHORIZE THE SUBMITTAL OF AN APPLICATION TO THE
PROHOUSING INCENTIVE PILOT ROUND 4 (PIP) PROGRAM, ADOPT RESOLUTION 2026-14, AND OTHER RELATED DOCUMENTS
(REPORT OF: FINANCIAL AND MANAGEMENT SERVICES
DEPARTMENT) (DISTRICT: ALL DISTRICTS)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1.Authorize the City Manager, or his or her designee, to submit an application to the C alifornia Department of Housing and Community Development (HCD) in response to HCD’s Prohousing Incentive Program (PIP) Notice of Funding Availability Round 4 (NOFA);

2.Adopt Resolution No. 2026 -14 to Authorize the City Manager, or his or her designee, to prepare, execute, and submit an application and other related documents for the purpose of managing the Prohousing Incentive Program;

3.Authorize the City Manager, or his or her designee, to execute applications and other related documents for the purpose of managing the Prohousing Incentive Program; and

4. Authorize the Chief Financial Officer, or their designee, to make any necessary budget adjustments as set forth in the Fiscal Impact section of this report upon successful award of said grant.

RESULT: Approved
J.12 ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY
ASSESSMENTS IN FISCAL YEAR 2026/27 FOR MORENO VALLEY

COMMUNITY SERVICES DISTRICT LIGHTING MAINTENANCE
DISTRICT NO. 2014-01 (REPORT OF: FINANCIAL AND MANAGEMENT SERVICES) (DISTRICT: ALL DISTRICTS)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the Community Services District:

1. Adopt Resolution No. CSD 2026 -05, a Resolution of the Board for the Moreno Valley Community Services District of th e City of Moreno Valley, California, Initiating Proceedings to Levy Fiscal Year 2026/27 60 9
Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01;

2. Adopt Resolution No. CSD 2026 -06, a Resolut ion of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving an Engineer's Report in Connection with Fiscal Year 2026/27 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01; and

3. Adopt Resolution No. CSD 2026 -07, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Declaring its Intention to Levy Fiscal Year 2026/27 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.

RESULT: Approved
J.13 ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY
ASSESSMENTS IN FISCAL YEAR 2026/27 FOR MORENO VALLEY

COMMUNITY SERVICES DISTRICT LANDSCAPE MAINTENANCE
DISTRICT NO. 2014-02 (REPORT OF: FINANCIAL AND MANAGEMENT SERVICES) (DISTRICT: ALL DISTRICTS)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the Community Services District:

1. Adopt Resolution No. CSD 2026 -08, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Initiating Proceedings to Levy the Fiscal Year 2026/27 Assessments against Real Property in Moreno Valley Community Services District Landscape Maintenance District No. 2014-02;

2. Adopt Resolution No. CSD 2026 -09, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving an Engineer's Report in Connection with the Fiscal Year 2026/27 Assessments against Real Property in Moreno Valley Community Services District Landscape Maintenance District No. 2014 - 02; and

3. Adopt Resolution No. CSD 2026 -10, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Declaring its Intention to Levy the Fiscal Year 2026/27 61 10
Assessments against Real Property in Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.

RESULT: Approved
J.14 LIST OF PERSONNEL CHANGES (REPORT OF: HUMAN RESOURCES) (DISTRICT: NOT APPLICABLE)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Ratify the list of personnel changes as described.

RESULT: Approved
J.15 AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE
MORENO VALLEY PUBLIC SAFETY CAMPUS PROJECT NUMBER 803
0072 (REPORT OF: PUBLIC WORKS) (DISTRICT 3)
The item was removed from the consent calendar by Mayor Cabrera and was voted on in a separate vote. The item can be found at the end of the Consent Calendar.

J.16 ADOPTION OF ORDINANCE AND RESOLUTION AMENDING

TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM
AND RATES (REPORT OF: PUBLIC WORKS) (DISTRICT: ALL

DISTRICTS)
The item was noticed as a Public Hearing and was presented to the City Council for vote in section “K”, “Public Hearing”, under item K.2.

J.17 SECOND AMENDMENT TO THE ENERGY SCHEDULING AND

TRADING SERVICES AGREEMENT WITH TENASKA POWER
SERVICES (REPORT OF: PUBLIC WORKS) (DISTRICT: ALL

DISTRICTS)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Approve the Second Amendment to the Energy Scheduling and Trading Services Agreement with Tenaska Power Services, Company; 62 11

2. Authorize the City Manager to execute the Amendment to the Energy Scheduling and Trading Services Agreement with Tenaska Power Services, Company; and

3. Authorize the City Manager, or their designee, to execute any subsequent amendments to the Energy Scheduling and Trading Services Agreement with Tenaska Power Services , Company, in accordance with the terms of the agreement, and within the budgetary amounts previously approved by the City Council as part of the adopted and/or amended budget process, subject to the approval of the City Attorney.

RESULT: Approved

J.18 APPROVAL OF TEMPORARY ROAD CLOSURES FOR THE 2026
PUBLIC SAFETY EXPO (REPORT OF: PUBLIC WORKS) (DISTRICT 1) Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Approve all the recommended road closures for the 2026 Public Safety Expo as outlined in this report; and

2. Authorize the Moreno Valley Police Department and Public Works Director/City Engineer to make additional changes or recommend road closures as needed for the event.

RESULT: Approved

J.19 APPROVE USE OF ASSET FORFEITURE FUNDS TO PURCHASE LAW ENFORCEMENT EQUIPMENT AND SOFTWARE (REPORT OF:

POLICE) (DISTRICT: NOT APPLICABLE)
Moved by: Mayor Pro Tem Gonzalez District 3
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Authorize the Police Department to purchase law enforcement equipment and, updated and additional software licenses with maintenance for $149,718.91;

2. Approve the use of Asset Forfeiture funds and the proposed budget adjustments as set forth in the Fiscal Impact Section of this report; and 63 12

3. Authorize the City Manager and Chief Financial Officer to approve Purchase Orders to effectuate the acquisition of law enforcement equipment and software licenses with maintenance for $149,718.91.

RESULT: Approved

J.15 AWARD AN AGREEMENT FOR PROFESSIONAL CONSULTANT

ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE
MORENO VALLEY PUBLIC SAFETY CAMPUS PROJECT NUMBER 803
0072 (REPORT OF: PUBLIC WORKS) (DISTRICT 3)
City Manager Brian Mohan, Public Works Director Melissa Walker, and Fire Chief Jesse Park provided the staff report.

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

Mayor Pro Tem Gonzalez, Councilmember Delgado, Mayor Cabrera, and Councilmember Baca-Santa Cruz asked staff questions.

City Attorney Steven Quintanilla and City Manager Brian Mohan responded to Council's inquiries.

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

Seth Cox

1. Concerns.

Roy Bleckert

1. Concerns.

Christopher Baca

1. Concerns.

Louise Palomarez

1. Concerns.

With no further public comments on the item, Mayor Cabrera called for Council deliberation.

Councilmember Delgado, Councilmember Baca-Santa Cruz, Mayor Pro Tem Gonzalez, and Mayor Cabrera deliberated on the item. 64 13
With the conclusion of Council deliberation, Mayor Cabrera made a motion to continue the item to next regularly scheduled City Council meeting.

The motion failed by a 2-2 vote, with Mayor Cabrera and Mayor Pro Tem Gonzalez voting yes and Councilmember Delgado and Councilmember Baca-Santa Cruz voting no.

Councilmember Baca-Santa Cruz motioned to approve the item.

A second motion failed by a 2-2 vote, with Councilmember Baca-Santa Cruz and Councilmember Delgado voting yes and Mayor Cabrera and Mayor Pro Tem Gonzalez voting no.

City Manager Brian Mohan stated staff will bring this staff report back to the April 7th meeting.

City Attorney Steven Quintanilla provided additional comments.

Moved by: Mayor Cabrera
Seconded by: Mayor Pro Tem Gonzalez District 3
That the City Council:

1. Authorize to award an Agreement for Professional Consultant Services to Steinberg Hart to provide architectural and engineering design services for the Moreno Valley Public Safety Campus;

2. Authorize the City Manager to execute the Agreement with Stei nberg Hart, subject to the approval by the City Attorney;

3. Authorize the issuance of a Purchase Order to Steinberg Hart in the amount of $4,319,611.00, funded by the Public Works Capital Projects funds, once the agreement has been signed by all parties;

5. Authorize budget adjustments as set forth in the Fiscal Impact section of this report.

Ayes (2): Mayor Cabrera, and Mayor Pro Tem Gonzalez District 3 Nayes (2): Councilmember Baca-Santa Cruz District 1, and Councilmember Delgado District 2
65 14
Absent (1): Councilmember Barnard District 4
RESULT: Tied Failed (2 to 2)

Moved by: Councilmember Baca-Santa Cruz District 1
Seconded by: Councilmember Delgado District 2
Ayes (2): Councilmember Baca-Santa Cruz District 1, and Councilmember Delgado District 2
Nayes (2): Mayor Cabrera, and Mayor Pro Tem Gonzalez District 3 Absent (1): Councilmember Barnard District 4
RESULT: Tied Failed (2 to 2)

K. PUBLIC HEARINGS
K.1 MUNICIPAL CODE AMENDMENT (PEN26-0003) (REPORT OF:

COMMUNITY DEVELOPMENT) (DISTRICT: ALL DISTRICTS)
Community Development Director Angelica Frausto-Lupo provided the staff report.

Councilmember Baca-Santa Cruz stepped away from the dais at 7:22 p.m. and returned at 7:24 p.m.

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

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

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

With no Council deliberation, Mayor Cabrera entertained a motion.

Moved by: Councilmember Delgado District 2
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Find that the proposed amendments to the More no Valley Municipal Code are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines; 66 15

2. Introduce (First Reading) Ordinance No. 1040 at the conclusion of the Public Hearing and adopt (Second Read ing) the same at a subsequent City Council meeting, revising Title 9 (Planning and Zoning), specifically Chapter 9.09 (Specific Use Development Standards), and Chapter 9.17 (Landscape and Water Efficiency Requirements); and

3. Introduce (First Reading) Or dinance No. 1041 at the conclusion of the Public Hearing and adopt (Second Reading) the same at a subsequent City Council meeting, revising Title 12 (Vehicles and Traffic), specifically Chapter 12.02 (Mobile Vending).

Ayes (4): Mayor Cabrera, Councilmember Baca-Santa Cruz District 1, Councilmember Delgado District 2, and Mayor Pro Tem Gonzalez District 3 Absent (1): Councilmember Barnard District 4
RESULT: Approved (4 to 0)
K.2 (J.16) ADOPTION OF ORDINANCE AND RESOLUTION AMENDING

TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM
AND RATES (REPORT OF: PUBLIC WORKS) (DISTRICT: ALL

DISTRICTS)
Public Works Director Melissa Walker provided the staff report.

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

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

With no public comments on the item, Mayor Cabrera called for Council deliberation or vote.

Moved by: Councilmember Delgado
Seconded by: Councilmember Baca-Santa Cruz District 1
That the City Council:

1. Adopt Ordinance 1039, amending Ordinance Number 1019; and

2. Adopt Resolution Number 2026-15, amending the applicable Transportation Uniform Mitigation Fee applicable to all developments. 67 16
Ayes (4): Mayor Cabrera, Councilmember Baca-Santa Cruz District 1, Councilmember Delgado District 2, and Mayor Pro Tem Gonzalez District 3 Absent (1): Councilmember Barnard District 4
RESULT: Approved (4 to 0)
L. GENERAL BUSINESS
L.1 LIBRARY COMMISSION ANNUAL REPORT 2025/2026 (REPORT OF:

PARKS AND COMMUNITY SERVICES) (DISTRICT: ALL DISTRICTS) Parks and Community Services Director Jeremy Bubnick introduced Library Commission Chair Mona Lisa Stallworth who provided the report.

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

Councilmember Baca-Santa Cruz asked questions of staff.

Library Commissioner Jenn Carson responded to Councilmember Baca- Santa Cruz's inquiry.

Councilmember Delgado, Mayor Pro Tem Gonzalez, and Mayor Cabrera provided comments on the item.

Library Commission Chair Mona Lisa Stallworth provided additional information.

With the conclusion of the report, Mayor Cabrera called for public comments to be heard.

Louise Palomarez

1. Library proposal.

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

Mayor Cabrera provided comments on the item.

City Manager Brian Mohan provided additional comments.

Mayor Cabrera and the City Council received and filed the report.

That the City Council:

1. Receive and file the Library Commission Annual Report for 2025/2026. 68 17
M. REGIONAL COMMISSION/COMMITTEE/BOARD REPORTS
M.1 March Joint Powers Commission (JPC)
Councilmember Delgado reported the following:
 The Commission adopted the updated fee rates for the Western Riverside County Transportation Uniform Mitigation Fee (TUMF);  Directed the CEO to file a Notice of Completion with the County Recorder’s office for the AP-5 Crack Seal Project; and
 Approved the branding strategies for the March Inland Port Airport.

M.2 Riverside County Habitat Conservation Agency Board of Directors (RCHCA)
None.

M.3 Riverside County Transportation Commission (RCTC)
Mayor Cabrera reported the following:

The network of nine (9) public transit service providers, (including the 91 and Perris Valley Line station) and 15 human service operators carried approximately 10 million passenger trips in FY 2023/24. Annual operating costs for public transit services from FY 2021/22 through FY 2023/24 for the county exceeded $158 million, with revenues comprised of 52.1 percent from state, 33.5 percent from federal, and 14.4 percent from local funding sources, such as Measure A.

The next meeting is scheduled to be held on April 8th, 2026.

M.4 Riverside Transit Agency Board of Directors (RTA)
None.

M.5 Western Riverside Council of Governments Executive Committee (WRCOG)
Councilmember Baca-Santa Cruz reported the following:

At the March 2, 2026, WRCOG Executive Committee Meeting, reports for Fiscal Department activities, committees, agency activities, and various (external) committees were received and filed.

Additionally, the Executive Committee discussed the following key items:

Approval of Fiscal Year 2025/2026 Budget Amendment
69 18
 WRCOG’s FY 2025/2026 budget reflects an overall $270K net decrease, with $2.9M in reduced revenues and $2.6M in reduced expenditures, maintaining a balanced approach despite financial constraints.
 Program adjustments are driving several of the changes:
 The I-REN budget decreased by $1.86M due to timing and program shifts.
 The Clean Cities Program experienced reduced activity, with some funding deferred to future years.
 $373K in REAP funds is being carried forward to ensure full use of prior allocations.
 Capital and operational priorities have been refined, including scaling back the Chicago building improvements by $500K to focus on essential upgrades and energy efficiency.
 WRCOG is restructuring its administrative functions by eliminating one executive role and adding two specialized positions, strengthening risk management, internal controls, and
organizational efficiency.
 TUMF revenues were significantly revised from $77.5M to $48M due to economic conditions, resulting in a $1.2M reduction in WRCOG’s administrative revenue, while a new project
management program positions WRCOG to take a more active role in delivering transportation projects.

WRCOG Project Management of Transportation Studies
 WRCOG is kicking off two transportation studies with the goal of implementing near-term improvements. These studies would also be managed by WRCOG and funded by the respective TUMF Zone funds.

1. Pass Area Intelligent Transportation Systems (ITS) Feasibility Analysis. This analysis will assess the existing conditions of traffic signal infrastructure within the TUMF Pass Zone, determine agency needs and problem areas, coordinate with Caltrans, and facilitate discussions with Pass Zone agencies regarding the findings to identify next steps.
70 19

2. Southwest TUMF Zone Transportation Study Pilot Project. This analysis will analyze and deliver recommendations on feasible, near-term solutions for improving traffic congestion in 8 - 10 areas in a comprehensive manner within this TUMF Zone. Examples of improvements that will be recommended are envisioned to be ITS, restriping, or intersection improvements
o These types of studies have not been conducted, so these are considered pilot studies. WRCOG will evaluate and, as
necessary, refine, take lessons learned, and apply them to each TUMF zone. This process will also be undertaken on an
ongoing basis.

M.6 Western Riverside County Regional Conservation Authority Board of Directors (RCA)
None.

M.7 School District/City Joint Task Force
None.

M.8 Southern California Association of Governments (SCAG) None.

N. EMPLOYEE ASSOCIATION REPORTS
None.

O. CITY MANAGER'S REPORT

1. Springtastic Festival and Egg Hunt, March 28th, 2026.

2. Adult Flashlight Egg Hunt Scramble, April 4th, 2026.

P. CITY COUNCIL CLOSING COMMENTS
Councilmember Delgado

1. Student of the Month.

2. Cluster mailboxes.

Councilmember Baca-Santa Cruz

1. Open seats on City Commissions.

2. Commissioner Appreciation Dinner.
71 20

3. Wind Symphony.

4. Multicultural Arts Festival.

5. Swim lessons.

6. Asked to close the meeting in honor of fallen soldiers.

Mayor Pro Tem Gonzalez

1. Grand Opening Ribbon Cutting.

2. Wind Symphony.

3. Multicultural Arts Festival.

4. Staff wearing green for St. Patrick's Day.

Councilmember Baca-Santa Cruz left the dais at 8:06pm.

Mayor Cabrera

1. Multicultural Art Festival.

2. Kia dealership.

3. Commissioner Appreciation Dinner.

4. Rooftop hotel.

Q. FUTURE AGENDA ITEMS
None.

R. ADJOURNMENT
There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 8:08pm in honor of the 13 service members who have lost their lives.

72 21
Submitted by:

Approved by:

73 Report to City Council

ID: [Report Number] Page 1

TO: Mayor and City Council

FROM: Patty Rodriguez, Manager of the Office of Mayor and City Council/City Clerk

AGENDA DATE: April 7, 2026

TITLE: MASTER ATTENDANCE LOG FOR CITY COUNCIL
ADVISORY BOARDS AND COMMISSIONS –
FEBRUARY 2026 (REPORT OF: CITY CLERK)
(DISTRICT: ALL DISTRICTS)

TITLE SUMMARY: Master Attendance Log for City Council Advisory Boards and Commissions – February 2026

DISTRICT: All Districts

Recommendation(s)

That the City Council:

1. Receive and File.

SUMMARY
In accordance with Legislative Policy 1.10, City Council Advisory Boards and Commissions, Section II, L. (Attendance Sheet), attendance is tracked throughout each fiscal year. Following the final regular meeting of each month, staff liaisons submit attendance records for their respective advisory boards and commissions to the City Clerk. The City Clerk compiles this data into a master attendance log, which is then presented to the City Council as a Consent Calendar item at the first regular Council meeting of the following month.

The attendance log includes:
74 ID: [Report Number] Page 2
 The name of the advisory board or commission
 The name of each member
 Attendance status for each regular meeting (Present or Absent)  If absent, whether the absence was Excused or Unexcused The master attendance log for February 2026 is included in this staff report.

ALTERNATIVES

1. There is no alternative for this staff report.

FISCAL IMPACT

There is no fiscal impact associated with this staff report.

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Rodriguez, CMC Patty Rodriguez, CMC
Manager of the Office of Mayor and City Council/City Clerk Manager of the Office of Mayor and City Council/City Clerk

CITY COUNCIL GOALS

Advocacy: Develop cooperative intergovernmental rel ationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.

Community Image, Neighborhood Pride and Cleanliness: Promote a sense of community pride and foster an excellent im age about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

Positive Environment: Create a positive environment fo r the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

75 ID: [Report Number] Page 3

Report Approval Details
Docume
nt Title:

STAFFREPORT_CC_ADVISORYBOARDSANDCOMMISSIONS_FEBRUAR
Y_ATTENDANCELOG_4.7.26_pr.docx
Attachm
ents:
- 07. Commissions Attendance Log_February 2026.pdf
Final
Approva
l Date:

Apr 1, 2026

This report and all of its attachments were approved and signed as outlined below:

Patty Rodriguez
Natalia Medina
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
76 City Council Advisory Commissions Master Attendance Log 2026 Attended A No Meeting N
Excused E Not Applicable X
Unexcused U
Boards/Commission Member January February March April May June July August September October November December Planning Commission Alvin DeJohnette A A
Daryl C. Terrell A A
David Zeitz A A
JoAnn Stephan A A
Nicole Taylor A U
Ray Baker A A
Public Arts Commission Andrea Austin A N
Arzill Beason U N
Evangelina Weiss A N
Justin Settle (Teen) A N
Lizbeth Orellana A N
Samantha Contreras A N
Environmental and Historical Preservation Commission Farrah Pleasant A A Mary E. McBean A A
Nathan Urena A A
Stan Yombo A A
Reginald Allen U U
Justin Jackson A A
Library Commission Anna Christian A A
David Torres (Alternate) A E
Ginger Baker A A
Jenn Carson A A
Lynette Sullivan A A
Mona Lisa Stallworth A A
Tashia Hilliard E E
Rebecca T. Diaz (Alternate) A A
Victoria Williamson A A
Parks, Community Services and Trails Commission James Baker A A Fernando Michel A E
Barbara Baxter A A
Liza Arellano A A
Joseph Taplin A A
Nikita Wilson A A
Rylee Peak (Teen) A A
Senior Citizens Commission Deborah Elkins A A
Hazel Lambert A A
Martha Mieles A A
Pauline Moya A A
Reta Butler A A
Robert Snyder E E
Tina Escano (Alternate) U U
Traffic Safety Commission David Layne A A
Esther Johnson E A
Jim Burleson (Non-Voting) U A
Stella Corbalan (Non-Voting) U A
Tyrone McCoy A A
Zainab Alkhamaisi U U
Kama Burton A A
Sharon Hedges (Alternate) U U
Seth Cox A A
Kimberly Wallen E E
Utilities Commission John Menke (Alternate) A A
Jonathan Vaughn A U
Kandace West A A
Thomas C. Ketcham A A
Emerging Leaders' Council Enrique Flores N A
Rhea Khurana N U
Sunniva Thapa N E
Martin Zambrano N A
Tyrone Lee N A
Daniel Hamel N A
Jayden Najera N A
Legend
Revised March 20, 202677

Report to City Council

ID: [Report Number] Page 1

TO: Mayor and City Council

FROM: Patty Rodriguez, Manager of the Office of Mayor and City Council/City Clerk

AGENDA DATE: April 7, 2026

TITLE: CITY COUNCIL LIAISON ATTENDANCE REPORT
FEBRUARY 2026 (REPORT OF: CITY CLERK)
(DISTRICT: ALL DISTRICTS)

TITLE SUMMARY: City Council Liaison Attendance Report – February 2026

DISTRICT: All Districts

Recommendation(s)

That the City Council:

1. Receive and File.

SUMMARY

At the regular meeting of September 16, 2025 , the City Council approved a revision to Policy 1.10 , City Council Advisory Boards and Commissions, Section T, adding Subsection a, "Attendance Sheet." This addition establishes a process for tracking and reporting Council Liaison attendance at Advisory Board and Commission meetings.

Staff liaisons will submit monthly attendance records to the City Clerk , who will compile and present a master attendance report to the City Council as a consent calendar item at the first regular city council meeting of every month.

DISCUSSION

In accordance with Policy 1.10, Section T, Subsection a. Attendance Sheet , this staff report includes Council Liaison attendance for Advisory Board and Commission 78 ID: [Report Number] Page 2
meetings held in February 2026. The attendance list is derived from records submitted by staff liaisons for each advisory board and commission. As outlined in the pol icy, these records are compiled by the City Clerk into a master attendance report, which is presented to the City Council as a consent calendar item at the first regular meeting of each month.

ALTERNATIVES

1. There are no alternatives for this staff report.

FISCAL IMPACT

There is no fiscal impact associated with this staff report.

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Rodriguez, CMC Patty Rodriguez, CMC
Manager of the Office of Mayor and City Council/City Clerk Manager of the Office of Mayor and City Council/City Clerk

CITY COUNCIL GOALS

Advocacy: Develop cooperative intergovernmental relationships and be a forceful advocate of City p olicies, objectives, and goals to appropriate external governments, agencies and corporations.

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

79 ID: [Report Number] Page 3

Report Approval Details
Document
Title:

STAFFREPORT_CC_COUNCIL_LIAISON_ATTENDANCELOG_4.7.26_
pr.docx
Attachment
s:
- 07. FY25-26 Council Liaison Attendance Log_February.pdf Final
Approval
Date:

Apr 1, 2026

This report and all of its attachments were approved and signed as outlined below:

Patty Rodriguez
Natalia Medina
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
80 FY 2025/2026 Council Liaison Attendance Log
Attended A No Meeting N
Unattended U Not Applicable X
Boards/Commission Council Liaison July August September October November December January February March April May June Emerging Leaders' Council Ulises Cabrera N N N N U U N U Elena Baca-Santa Cruz (Alternate) N N N N U U N U
Environmental and Historical Preservation Commission Elena Baca-Santa Cruz A A A A A A U U Cheylynda Barnard (Alternate) X X X X X X U U
Library Commission Erlan Gonzalez N U A A U N U U
Elena Baca-Santa Cruz (Alternate) N U X X U N U U
Parks, Community Services and Trails Commission Cheylynda Barnard N U U U A U U A Erlan Gonzalez (Alternate) N U U U X U U X
Public Arts Commission Ulises Cabrera N U A A U U U N
Cheylynda Barnard (Alternate) N U X X U U U N
Senior Citizens Commission Edward Delgado N N A A A A A U Cheylynda Barnard (Alternate) N N X X X X X U
Traffic Safety Commission Edward Delgado N U N A A A A A Elena Baca-Santa Cruz (Alternate) N U N X X X X X
Utilities Commission Elena Baca-Santa Cruz U A A U U U A U Erlan Gonzalez (Alternate) U X X U U U X U
Legend
Revised March 20, 202681

Report to City Council

ID: 26-0136 Page 1

TO: Mayor and City Council

FROM: Brian Mohan, City Manager

AGENDA DATE: April 7, 2026

TITLE: APPROVAL OF AGREEMENT WITH ROBERT GARCIA
BOXING ACADEMY, INC. FOR COMMUNITY BOXING
ACADEMY PROGRAM FY2026/27 AND 2027/28 (REPORT
OF: CITY MANAGER) (DISTRICT: ALL DISTRICTS)

TITLE SUMMARY: Approval of agreement with Robert Garcia Boxing Academy, Inc. for Community Boxing Academy Program for FY
2026/27 and FY 2027/28.

DISTRICT: All Districts

Recommendation(s)

That the City Council:

1. Approve agreement between the Moreno Valley Community Foundation and Robert Garcia Boxing Academy, Inc. for the Community Boxing Academy Program for FY 2026/27 and FY 2027/28; and

2. Authorize the issuance of a purchase order to Robert Garcia Boxing Acade my for a not-to-exceed amount of $48,000, over the two-year term (FY 2026/27 and FY 2027/28), in accordance with the amounts listed in the Fiscal Impact Section of this report; or

3. Provide an alternative direction.

SUMMARY

The City, through the Moreno Valley Community Foundation (MVCF), previously entered into an agreement with Robert Garcia Boxing Academy, Inc. to implement the Community Boxing Academy Program for Fiscal Years 2024/25 and 2025/26. 82 ID: 26-0136 Page 2

The proposed agreement will fund and continue the Community Boxing Academy Program for an additional two -year period, covering Fiscal Years 2026/27 and 2027/28.

While this action represents approval of a new agreement, it continues an established program that has been successfully implemented under the prior agreement.

DISCUSSION

The Community Boxing Academy Program, operated by Robert Garcia Boxing Academy, Inc., is a youth-focused initiative that provides structured after-school programming during the critical hours of 3:00 p.m. to 6:00 p.m., which are widely recognized as peak hours for youth vulnerability.

The program is designed to promote healthy lifestyles, discipline, and leadership development through structured boxing instruction and mentorship. Robert Garcia Boxing Academy, Inc. serves as the program operator and service provider under the agreement.

Key program attributes include:

• Age-specific training cohorts (9 and under, 10–12, and 13 and over) with progressively advanced instruction;
• Instruction in boxing fundamentals, including coordination, footwork, technique, and conditioning;
• Emphasis on safety, mentorship, and positive behavioral outcomes; • Development of confidence, discipline, and leadership skills; • Provision of a safe and constructive environment during after-school hours.

The program utilizes an assessment -based approach to track participant progress and ensure that youth are developing both physically and personally through structured engagement.

Funding for the program is provided through the Moreno Valley Community Founda tion, which supports implementation of youth -focused initiatives that align with community priorities.

Approval of the proposed agreement will allow for continued funding and uninterrupted delivery of program services.

ALTERNATIVES

1. Approve the proposed agreement and issuance of a purchase order . Staff recommends this alternative.

2. Provide alternative directions.

FISCAL IMPACT

83 ID: 26-0136 Page 3
Funding for the Community Boxing Academy Program is provided through the Moreno Valley Community Foundation (Fund 4016) and appr oved by City Council in the FY 2025/26 – 2026/27 Adopted Operating Budget. Funding for FY 2027/28 will be provided upon City Council budgetary approval . The proposed agreement maintains the same funding structure as the prior agreement, at $24,000 annually , for a total not -to-exceed amount of $48,000 over the two -year term (FY 2026/27 and FY 2027/28). There is no impact to the General Fund.

NOTIFICATION

This item was posted in accordance with the Brown Act as part of the regular agenda for the April 7, 2026 City Council meeting.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Johncito “John” Peraza Brian Mohan
Assistant to the City Manager City Manager

CITY COUNCIL GOALS

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

84 ID: 26-0136 Page 4
Report Approval Details
Document Title: STAFFREPORT_CM_RGBA.docx
Attachments: - 2024-2026 Executed Agreement.pdf
- 2026-2028 Draft Agreement.docx
Final Approval Date: Apr 2, 2026

This report and all of its attachments were approved and signed as outlined below:

Brian Mohan
Natalia Medina
Felicia London, MPA
Launa Jimenez
Patty Rodriguez
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

TWO YEAR’S 2026/27 & 2027/28

Agreement Between the City of Moreno Valley Community
Foundation
And
Robert Garcia Boxing Academy, Inc.

Community Boxing Academy Program

Moreno Valley Community Foundation
14177 Frederick St. PO Box 88005
Moreno Valley, CA 92552-0805
PH: 951.413.3024 Email: [email protected]

100
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

1 AGREEMENT FOR COMMUNITY BOXING ACADEMY PROGRAM

RELATED SERVICES

This Agreement is by and between the City of Moreno Valley Community Foundation, California, a nonprofit public benefit corporation, hereinafter described as "Foundation," and Robert Garcia Boxing Academy, Inc., a (California corporation) hereinafter described as "Contractor." This Agreement is made and entered into effective on the date the Foundation signs this Agreement.

RECITALS:

WHEREAS, the Foundation has determined it is in the public interest to contract with a boxing academy, to provide them the ability to continue to further and expand the services they provide to the youth for the Community Boxing Academy Program hereinafter described as "Project"; and WHEREAS, the Foundation has determined the Project involves the performance of specialized services, as more specifically described in Exhibit "A" hereto; and WHEREAS, the Foundation does not have available employees to perform the services for the Project; and
WHEREAS, the Foundation has requested the Contractor to perform such services for the Project; and
WHEREAS, the Contractor is professionally qualified in California to perform the professional services required for the Project, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement.

THEREFORE, the Foundation and the Contractor, for the consideration hereinafter described, mutually agree as follows:

1. DESCRIPTION OF THE PROJECT. The Project is described as a Community Boxing Academy Program, a healthy youth initiative, aimed at providing youth of the community specialized boxing instruction and training program in the after-school hours of 3pm to 6pm, which are the most vulnerable hours for youth. The Community Boxing Academy Program is an assessment-based program and will deliver instruction, training and discipline in order to provide the youth with a healthier lifestyle and to learn confidence and leadership qualities that will resonate throughout the youth’s lives. 101
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

2 2. SCOPE OF SERVICES. The Contractor’s scope of service is described in Exhibit "A" attached hereto and incorporated herein by this reference.

3. PAYMENT TERMS. The Foundation agrees to pay the Contractor and the Contractor agrees to receive a "Not-to-Exceed" fee of $48,000 ($24,000 per year for a term of up to two years) in accordance with the payment terms provided on Exhibit " A" attached hereto and incorporated herein by this reference. Payments to the Contractor pursuant to this Agreement will be reported to Federal and State taxing authorities as required.

The City will not withhold any sums from compensation payable to Contractor. The contractor is independently responsible for the payment of all applicable t axes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and material charges under the Agreement. Such records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

4. TIME FOR PERFORMACE.
a) The Contractor shall commence services upon final execution of this Agreement, b) The Contractor shall perform the work described in Exhibit "A" attached hereto and incorporated in this reference.
c) This Agreement shall be effective from effective date and shall continue in full force for two years, subject to any earlier termination in accordance with this Agreement.

5. SPECIAL PROVISIONS
a. It is understood and agreed that the Contractor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee of the Foundation, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the Foundation. b. The Contractor may also retain or subcontract for the services of other necessary contractors and/or consultants. Payment for such services shall be the responsibility of 102
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

3 the Contractor. Any and all sub -consultants/subcontractors, and employees employed by the Contractor shall be subject to the terms and conditions of this Agreement, except that the Foundation shall have no obligation to pay any sub -consultant/subcontractor and/or other employee of the Contractor for services rendered on the Project. c. The Contractor and the Foundation agree to use reasonable care and diligence to perform their respective services under this Agreement. d. The Contractor shall comply with applicable federal, state, and local laws in the performance of work under this Agreement, including obtaining a business license from the City of Moreno Valley.
e. To the extent requ ired by controlling federal, state, and local law, Contractor shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Contractor agrees as follows:
i. Contractor will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. ii. Contractor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Contractor shall ensure that applicants are employed, and 103
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

4 the employees are treated during employment, without regard to their race, religious creed, colo r, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Contractor’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, includin g apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
iii. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. iv. If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall cause each subcontractor to also comply with the requirements of this Section 13. f. To the furthest extent allowed by law, Contractor shall indemnify, hold harmless and defend the Foundation, the City, the Moreno Valley Community Services District (“CSD”), the City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley (“Successor Agency”), the Moreno Valley Housing Authority (“Housing Authority”), Moreno Valley Public Fi nancing Authority (“Public Financing Authority”), the Board of Library Trustees and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but 104
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

5 not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If Contractor should subcontract all or any portion of the serv ices to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless, and defend the Foundation, City, CSD, Successor Agency, Housing Authority , Public Financing Authority, the Board of Library Trustees and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. g. No Disparagement. The Contractor agrees not to disparage the City or any of its officers, directors, employees, agents or services to any third party, either orally or in writing. In the event that Contractor violates this section of this Agreement at any time, they agree that the City shall have the right to terminate this Agreement, seek recovery of all funds issued to Contractor, seek all legal remedies available to City to cure any damages caused by the disparaging remarks made by Contractor, and ban Contractor from consideration for future programs provided public funds to Contractors.

6. INSURANCE.
a. Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all insurance as required in Exhibit A or as may be authorized in writing by the Vice President (Assistant City Manager) or his/her designee at any time and in his/her sole discretion.
b. If at any time during the life of the Agreement or any extension, Contractor or any of its subcontractors/subconsultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by Foundation that the required insurance has been restored to 105
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

6 full forc e and effect and that the premiums therefore have been paid for a period satisfactory to Foundation. Any failure to maintain the required insurance shall be sufficient cause for Foundation to terminate this Agreement. No action taken by Foundation pursuant to this section shall in any way relieve Contractor of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by Foundation that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
c. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, lia bility under the indemnity provisions of this Agreement. The duty to indemnify Foundation shall apply to all claims and liability regardless of whether any insurance policies are applicable.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervis ion of Contractor, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them.
d. Upon request of Foundation, Contractor shall immediately furnish Foundation with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
e. If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of Foundation and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required 106
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

7 certificates and applicable endorsements shall be on file with Contractor and Foundation prior to the commencement of any services by the subcontractor/subconsultant.

7. WAIVER. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement.

Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

8. COMPLIANCE WITH LAWS AND REGULATIONS.
a. Contractor and subcontractor/sub-consultants shall pay prevailing wage rates and when required by the Labor Laws of the State of California and no less than the state minimum wage where no prevailing wage rate is available. b. Contractor shall comply, and re quire its subcontractors/subconsultants to comply, with all applicable (i) professional c onducts and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disquali fication (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of Foundation, Contractor shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Contract or and the respective subcontractor(s) are in full compliance with all laws and regulations. Contractor shall take, and require its subcontractors/subconsultants to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery o f any facts giving rise to the appearance of a conflict of interest, Contractor shall immediately notify Foundation of these facts in writing.
107
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

8 c. In performing the work or services to be provided hereunder, Contractor shall not employ or retain the services of any person while such person either is employed by Foundation or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the Vice President (Assistant City Manager), if no actual or potential conflict is involved. d. Contractor represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
e. If Contractor should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Contractor shall include the provisions of this Section in each subcontract and require its subcontractors/subconsultants to comply therewith.
f. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall also govern the interpretation of this Agreement. Venue shall be vested in the Superior Court of the State of California, County of Riverside.
g. This Section shall survive expiration or termination of this Agreement.

9. PROGRAM MONITORING, REPORTING AND RECORDKEEPING.
a. The Contractor shall deliver to the Foundation Vice President, quarterly written status reports/updates on the Project or as may be more frequently requested. The Contractor may retain, for its files, copies of any and all reports produced by the Contractor in the performance of this Agreement.
b. Where the payment terms provide for compensatio n on an annual lump sum basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor's time and expense charges under this Agreement. The Contractor shall make such records available to the Foundation upon reasonable notice. Nothing herein shall convert such records into public records. Except as may be otherwise required by law, such records will be available only to the Foundation. Such records shall be 108
FY 2026/27 & 2027/28 AGREEMENT – Robert Garcia Boxing Academy, Inc. – Community Boxing Academy Program

9 maintained by the Contractor for three (3) y ears following completion of the services under this Agreement.
c. The Foundation and the Contractor agree, that to the extent permitted by law, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
d. All reports, logs, and other documents prepared by the Contractor in its performance under this Agreement shall, upon completion of the project, be delivered to and be the property of the Foundation, provided that the Contractor shall be entitled, at its own expense, to make copies thereof for its own use.

10. HOLD HARMLESS. The Foundation agrees to hold the Contractor free and harmless from any claim arising from any unauthorized use of maps, photos, and other documents prepared or provided by the Contractor under this Agreement, if used by the Foundation on other work without the permission of the Contractor. Contractor acknowledges that Contractor’s work product produced under this agreement may be public record under State law.

11. TERMINATION
a. This Agreement shall terminate without any liability of Foundation to Contractor upon the earlier of: (i) Contractor’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Contractor; (ii) 10 calendar days prior written notice with or without cause by Foundation to Contractor; (iii) Foundation’s non -appropriation of funds sufficient to meet its obligations hereunder during any Foundation fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue services on the project through the date of te rmination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the Foundation. The Foundation shall pay the Contractor within thirty (30) days after the date of terminat ion for all non -objected to 109
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10 services performed by the Contractor in accordance herewith through the date of termination. Contractor shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
b. In the event of termination due to failure of Contractor to satisfactorily perform in accordance with the terms of this Agreement, Foundation may withhold an amount that would otherwise be payable as an offset to, but not in excess of, Foundation’s damages caused by such failure. In no event shall any payment by Foundation pursuant to this Agreement constitute a waiver by Foundation of any breach of this Agreement which may then exist on the part of Contractor, nor shall such payment impair or prejudice any remedy available to Foundation with respect to the breach. c. Upon any breach of this Agreement by Contractor, Foundation may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that Foundation improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. d. Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond t he reasonable control of Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of Foundation in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Contractor shall notify Foundation in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.

12. BINDING ON SUCCESSORS. This Agreement is binding upon the Foundation and the Contractor and their successors and assigns. Except as othe rwise provided herein, 110
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11 neither the Foundation nor the Contractor shall assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the other.

13. ENTIRE AGREEMENT.
a. This Agreement represents the entire and integrated Agreement between the Foundation and the Contractor, and supersedes all prior negotiations, representations, or Agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. b. A Foundation representative shall be designated by the Foundation and a Contractor representative shall be designated by the Contractor. The Foundation representative and the Contractor representative shall be the primary contact person for each party regarding performance of this Agreement. The Foundation representative shall cooperate with the Consultant, and the Contractor's representative shall cooperate with the Foundation in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.

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12 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Inland Compassion Community Foundation

BY: _______________________ BY: _______________________

Name: Brian Mohan Name: Robert Garcia

Title: President (City Manager) Title: Owner and CEO

Date: _ Date:

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney

Date
RECOMMENDED FOR APPROVAL:

Department Head

Date
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13 EXHIBIT A

Objective: The Community Boxing Academy Program, a healthy youth initiative, is aimed at providing youth of the community specialized boxing instruction and training program in the after-school hours of 3pm to 6pm , which are the most vulnerable hours for youth. This program is designed to provide the youth with a healthier lifestyle and to learn confidence and leadership qualities that will resonate throughout the youth’s lives.

The Contractor will assist participants with a range of activities based on the ir proven training techniques, including, but not limited to:
 9-year-old and Under group – basic fundamentals and techniques of boxing concentrating on hand and head movement , hand -eye coordination, basic combinations, etc. to ensure the participants are engaged in said training.
 10- to 12-year-old group – includes the above and introduction to more advanced techniques , such as stance, footwork, punching, etc. to ensure speed and agility is continuing to be enhanced.  13-year-old and Over group – includes the above with all of the advanced techniques offered based on the ability of the participant.
 At all times , safety is of the utmost importance as well as the lifelong lessons that come from being a healthier youth.

The Contractor will be responsible for tracking and will rep ort quarterly written status reports/updates on the Project or as may be more frequently requested. Reports should include as much detailed information as possible based on the categories above. The aforementioned list is required, but not exhaustive, as o ther relevant or requested data may be tracked and acquired by the Foundation as requested.

Funding: The Community Boxing Academy Program will provide funding for $48,000 over no more than two years ($ 24,000 per year) to support this program, which includes funding to effectuate the above objectives for twenty (20) youth, Monday – Thursday from 4 p.m. to 5 p.m., with Friday being an open session for said program.
113

Report to City Council

ID: 26-0123 Page 1

TO: Mayor and City Council

FROM: Brian Mohan, City Manager

AGENDA DATE: April 7, 2026

TITLE: AWARD ROTATIONAL TOW SERVICE PROGRAM

AGREEMENTS AND ADOPT RESOLUTION SETTING

ROTATIONAL TOW SERVICE PROGRAM COST
RECOVERY FEES (REPORT OF: CITY MANAGER)
(DISTRICT: NOT APPLICABLE)

TITLE SUMMARY: Rotational Tow Service Program Independent Contractor Agreements and Adopt Resolution Setting Rotational Tow
Service Program Cost Recovery Fees

DISTRICT: Not Applicable

Recommendation(s)

That the City Council:

1. Award Rotational Tow Service Program Independent Contractor Agreements for tow services to be provided as a result of public safety emergency situations, or violation of the law or City ordinance; and

2. Adopt Resolution No. _ _ Setting Rotational Tow Service Program Cost Recovery Fees as set forth in the Resolution; and

3. Authorize City Manager to execute all related Agreements and approve any Administrative Procedures to improve service delivery efficiency.

SUMMARY
114

ID: 26-0123 Page 2

This report provides the recommendation for City Council to award a five-year Rotational Tow Service Independent Contractor Agreement (Agreement) to the following local Moreno Valley tow operators: (1) Pepe’s Inc. dba Pepe’s Towing Service, and (2) Valley Wide Towing, LLC after both local tow operators successfully completed the formal Request for Proposal (RFP) process.

Additionally, staff recommends that the City Council adopt Resolution No. _ _ establishing the cost recovery fees for the Rotational Tow Service (RTS) Program over the five -year Agreement term. The fees will be payable by the approved tow operators participating in the RTS Program

DISCUSSION

Rotational Tow Service Program

Chapter 12.14 (Police and City of Moreno Valley Rotational Tow Service) of the Moreno Valley Municipal Code, commonly referred to as the “Rotational Tow Service Program” (“RTS Program”) was adopted in 2011. The RTS Program as outlined in MC12.14 and in the Agreement includes rules, regulations and performance standards for tow operators contracted by the City to provide towing, storage and impoundment services requested by the City and its affiliated agencies, departments, and divisions – referred to collectively as the “City.” In most cases, such services are typically requested by the Police Department or the Community Enhancement & Neighborhood Services Division of the Community Development Department.

Tow services requested by the City are typically related to, but are not limited to:
responding to public safety emergency situations, traffic safety hazard conditions caused by vehicles which obstruct or impede the follow of traffic , the removal of illegally parked vehicles including vehicles parked in emergency lanes, walkways and/or handicapped parking spaces, disabled vehicles, dismantled vehicles, vehicles involved in accidents, impounded/forfeited vehicles, vehicles seized for evidence, vehicles that are being operated contrary to law and any vehicle -related situation subject to jurisdiction of the City.

The RTS Program also contains rules and regulations governing tow operator response time, towing, storage, equipment, storag e facilities, fees, customer relations, and disciplinary action deemed necessary for the City to effectively manage the RTS Program.

Rotational Tow Service Independent Contractor Agreements

The RTS Program Agreement provides for qualified private tow operators with their primary business operations located within the territorial boundaries of the City to be placed on the tow rotation list for the five-year Agreement term. This provides authorized tow operators with a shared opportunity to provide vehic le towing and vehicle storage services at the request of the City.

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The scope of the RTS Program is limited to requests for services made, submitted, or initiated by the City in relation to towing, storing and/or impounding certain vehicles under varying circumstances. The terms and conditions of the RTS Program shall not apply to situations involving consensual tows or requests for services made, submitted, or initiated by private citizens, residents, visitors, private businesses or any other third parti es including other public agencies not affiliated with the City.

The costs of any services provided under the RTS Program at the request of the City are not the responsibility of the City, nor the responsibility of any of the City’s affiliated agencies, departments, and divisions. Rather, the costs of any services provided by a tow operator at the request of the City under the RTS Program shall be the responsibility of the legal or registered owner of the subject vehicle or any other legally responsible party.

To be considered for participation in the RTS Program as a tow operator and placed on the RTS Program tow rotation list for the duration of the Agreement term, a tow operator must successfully compete in the Request for Proposal (RFP) process. This requires the submission of a complete proposal per the RFP and meeting all requirements as set forth in MC 12.14.

In January 2026, an RFP was developed and published on PlanetBids. This RFP was also e-mailed to the two existing operators participating in the Program and two new tow operators that expressed interest in the RTS Program. The deadline to submit proposals was 2 p.m. on Friday, January 30, 2026.

At the close of the RFP period, three (3) tow operators submitted proposals. However, one of the applicants did not meet the minimum qualifications and was omitted from the process.

Based on the successful completion of the RFP process, staff recommends the City Council award Independent Contractor Agreements to the two (2) qualified tow operators listed below:

1. Pepe’s Towing Service
14351 Veterans Way
Moreno Valley, CA 92553

2. Valley Wide Towing LLC
24850 Rivard Rd.

Moreno Valley, CA 92551

Fees/Rates for Cost Recovery

The RTS Program provides that the fees/rates charged to a vehicle’s registered owner or agent must be reasonable and comparable to rates charged for similar services. Under the RTS Program, tow operators may charge set rates/fees in order to participate i n the RTS Program. The fees are set for a five-year period beginning July 1, 2026, with an end date of June 30, 2031. The authorized tow operators shall adhere to the established fees 116

ID: 26-0123 Page 4
and rates during the Agreement term.

Cost recovery fees include serv ices provided for the “tow -by-tow” rotation dispatch services provider, administrative services provided by Public Safety Administration and MVPD staff, and costs associated with inspections to ensure compliance. As a result, and consistent with previous Agreements terms, staff recommends the following Annual Cost Recovery Fee as follows:

Tow Operator’s Annual Fee
(Cost Recovery Payment)

Program Year Annual Fee
2026 (Year 1) $10,000.00
2027 (Year 2) $15,000.00
2028 (Year 3) $20,000.00
2029 (Year 4) $25,000.00
2030 (Year 5) $30,000.00

The annual Fee must be paid by July 1 of each RTS Program year during the five -year term of the Agreement. The tow operator will have thirty (30) calendar days to make the payment. If the tow operator fails to make the annual payment within thirty (30) calendar days from July 1 of each RTS Program year during the five -year term, the City shall suspend the tow operator from the RTS program until the fees are received by the City.

If the tow operator fails to make the annual payment within sixty (60) calendar days from July 1 of each year during the five -year term, the Agreement with the tow operator shall be terminated and the tow operator shall be removed from the RTS program for the remainder of the contract period. A ny outstanding City administrative fees are immediately due and payable.

ALTERNATIVES

1. Award Rotational Tow Services Independent Contractor Agreements, as recommended by staff; Adopt Resolution No. _ _ Setting Annual Cost Recovery Fees as set forth in the Resolution; and authorize City Manager to execute all necessary documents and approve a ny Administrative Procedures the City Manager deems necessary to reduce the City’s costs of administering the Rotational Tow Services Program. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report and direct staff to explore other options to provide an RTS Program. Staff does not recommend this alternative.

FISCAL IMPACT

There are no direct costs to the General Fund. All program -related costs including dispatch services, administration, and compliance inspections are offset through the established fees paid by participating tow operators.
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NOTIFICATION

Publication of the Agenda and email notification to the recommended tow operators of the City Council meeting and pending action.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Mayra González Brian Mohan
Sr. Management Analyst City Manager

Concurred By: Concurred By:

Shanna Palau Launa Jimenez
Public Safety Contracts Administrator Assistant City Manager (Administration)

CITY COUNCIL GOALS

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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Report Approval Details
Document
Title:

STAFFREPORT_CM_ROTATIONALTOWSERVICEAWARD.docx
Attachments: - 2026 Resolution - Cost Recovery Fee.pdf
- Rotational Tow Agreement_Pepe'sTowing_01.pdf
- Rotational Tow Agreement_ValleyWideTowing_01.pdf
Final
Approval
Date:

Apr 1, 2026

This report and all of its attachments were approved and signed as outlined below:

Brian Mohan
Natalia Medina
Felicia London, MPA
Launa Jimenez
Patty Rodriguez
119

1 Resolution No. 2026-_ _
Date Adopted: April 7, 2026

RESOLUTION NO. 2026-_ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING AN ANNUAL COST RECOVERY

FEE FOR THE ROTATIONAL TOW SERVICE PROGRAM , EFFECTIVE
JULY 1, 2026

WHEREAS, the City of Moreno Valley (“City”) is a municipal corporation and general law City organized pursuant to Article XI of the California Constitution; and

WHEREAS, pursuant to Section 21100(g) of the California Vehicle Code, the City may adopt rules and regulations by resolution for licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the City's jurisdiction; and

WHEREAS, Chapter 12.14 ( Police and City of Moreno Valley Rotational Tow Service) of the Moreno Valley Municipal Code, referred to as the “Rotational Tow Service Program” (“RTS Program”) includes rules, regulations , and performance standards for tow operators contracting with the City to provide towing, storage, and impound services; and

WHEREAS, the services requested by the City include, but not limited to, responding to public safety emergenc ies; addressing traffic safety hazards where vehicles obstruct the flow of traffic; towing illegally parked vehicles , including those in emergency lanes , walkways, or accessible parking spaces ; and removing inoperable, dismantled, or collision -involved vehicles, as well as vehicles subject to impounded, forfeiture, evidentiary seizure, or otherwise operated in violation of the law and within the jurisdiction of the City and its affiliated agencies, departments and divisions; and

WHEREAS, the RTS Program provides that all towing and storage fees and rates charged to a vehicle’s registered owner or agent must be reasonable and comparable to rates charged for similar services and established according to the approved tow fee program rate schedule outlined in the Rotational Tow Service Program independent contractor agreements for the applicable program years; and

WHEREAS, the RTS Program utilizes a rotational dispatch system in which towing requests are assigned sequentially, with dispatch services provided by the vendor Professional Communications Network (PCN); and

WHEREAS, staff previously conducted an analysis of the costs incurred by the City to administer the terms and conditions of the RTS Program and, based on that analysis, established the applicable fees; and, as such, no adjustments to the cost recovery are necessary at this time, and the fees will remain as set forth in the Municipal Code.

WHEREAS, the City previously established a cost recovery schedule for the Rotational Tow Service Program covering program years 2021 through 2026, and the 120

2 Resolution No. 2026-_ _
Date Adopted: April 7, 2026

City now desires to continue and update that cost recovery schedule in connection with the next program term; and

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

Section 1. Recitals

That the above recitals are true and correct and are incorporated herein by this reference.

Section 2. Adoption of Revised Cost Recovery Payment

That the annual Cost Recovery Payment (Tow Operator’s Annual Fee) for the RTS Program shall be revised and established for the duration of the five (5) year agreement term, defined as Program Years 1 through 5, set as follows:

Tow Operator’s Annual Fee
(Cost Recovery Payment)

Program Year Annual Fee
2026 (Year 1) $10,000.00
2027 (Year 2) $15,000.00
2028 (Year 3) $20,000.00
2029 (Year 4) $25,000.00
2030 (Year 5) $30,000.00

The annual fee must be paid by July 1
st of each RTS Program year during the five (5)
year term of the agreement. The tow operator will have thirty (30) calendar days to make the payment. If the tow operator fails to make the annual payment within thirty (30) calendar days from July 1
st of each year, the City shall suspend the tow operator from the RTS program until the funds are received by the City. If the tow operator fails to make the annual payment within sixty (60) calendar days from July 1 st of each year during the five
(5) year term, th e agreement with the tow operator may be terminated and the tow operator may be removed from the RTS program for the remainder of the contract period.

Any outstanding City administrative fees are immediately due and payable.

Section 3. Severability

That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, th e remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
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3 Resolution No. 2026-_ _
Date Adopted: April 7, 2026

Section 4. City Manager Authorization

That pursuant to Section 2.08.060 (Powers and Duties) of the Municipal Code, the City Manager shall be authorized to execute all documents and instruments related to the subject matter of this Resolution and to revise and modify the respective documents and instruments, in consultation with the City Attorney, without the need to present any such modifications to the City Council for formal approval.

Section 5. Effective Date

The fees set forth in this Resolution shall take effect July 1, 2026.

Section 6. Certification

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

APPROVED AND ADOPTED this 7th day of April 2026.

_______________________________
Ulises Cabrera
Mayor
City of Moreno Valley

ATTEST:

____________________________________
M. Patricia Rodriguez, City Clerk

APPROVED AS TO FORM:

____________________________________
Steven B. Quintanilla, City Attorney

122

4 Resolution No. 2026-_ _
Date Adopted: April 7, 2026

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, M. Patricia Rodriguez , City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2026 -_ _ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 7 th day of April
2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________
M. PATRICIA RODRIGUEZ, CITY CLERK

(SEAL)
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C
ity of Moreno Valley

INDEPENDENT CONTRACTOR AGREEMENT
Rotational Tow Services Program
T
his Rotational Tow Services Agreement (hereinafter referred to as the “Agreement”) is made by and between the City of Moreno Valley, California, a municipal corporation (hereinafter referred to as the “City”), and the following named independent contractor (hereinafter referred to as the “Tow Operator”), based upon City policies and the following legal citations:

A. Government Code Section 53060 authorizes the engagement of persons to perform special services as an independent contractor; and B. The public interest, convenience, necessity, and general welfare will be served by this Agreement.

T
his Agreement is made and entered into effective on the date the C ity signs this Agreement.

T
ow Operator INFORMATION
Tow Operator’s B usiness/Company Name: Pepe’s Inc. dba Pepe’s Towing Service Authorized Representative: Christopher Navarro
Address: 14351 Veterans Way
City: Moreno Valley State: California Zip: 92552 Business Phone: 951-682-5682 Fax No.: 951-405-6924
E-Mail Address: [email protected]

W I T N E S S E T H
W
HEREAS, the City seeks to engage the services of the Tow Operator to participate in the City’s Rotational Tow Services (RTS) Program for towing services throughout the City of Moreno Valley for the removal of vehicles from the public right -of- way (“Off -Site Vehicle Removal”) and the removal of inoperable vehicles from private property (“Vehicle Abatement Services”) at no cost or charge to the City or the following contract service providers: Riverside County Sheriff’s Department , Riverside County Fire Department and its service provider, CAL FIRE; and
W
HEREAS, the City agrees to utilize, on a rotational basis, for Off -site Vehicle Removal and Vehicle Abatement Services, only those Tow Operators located within the City of Moreno Valley, as defined herein and as set forth in this Agreement and Chapter

12.14 (as amended) of the Moreno Valley Municipal Code, who have executed an Agreement with the City; and
W
HEREAS, the Tow Operator, as a signatory to this Agreement, has completed and submitted the necessary information and other documents required by the City (hereinafter referred to as the “Request for Proposal” or “RFP”), attached hereto as Exhibit “A” and incorporated herein by reference, to provide Rotational Tow Services within the City’s corporate boundaries; and
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W
HEREAS, the Tow Operator represents that it possesses the necessary expertise, licenses, equipment, storage facilities, personnel, and insurance; and has been issued a City Tow Operator’s Permit and Tow Truck Permit(s) in accordance with Municipal Code Chapter 5.02 (Business License), meeting all the requirements of the Moreno Valley Municipal Code and this Agreement to provide towing services within the City; and W
HEREAS, the City has relied upon the Tow Operator’s representations in entering into this Agreement.

N
OW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

SCOPE OF SERVICES
A. DEFINITIONS

1. “
Agreement” means this document, which sets forth the terms and conditions between the City and the Tow Operator on the tow rotation list.

2. “Area” means the corporate boundaries of the City of Moreno Valley.

3. “Attendant” means the individual responsible for staffing the storage yard facility.

4. “Business License” means the City’s Business License within the Community Enhancement and Neighborhood Services Division, Community Development Department.

5. “City” means the City of Moreno Valley.

6. “Riverside County Sheriff’s Office” means the City of Moreno Valley Police Department.

7. “Driver’s Permit” means the permit issued to a driver who has completed an application and complied with the requirements outlined in this Agreement.

8. “Garage or Storage Facility” means the area where a Tow Operator stores impounded vehicles in connection with the City’s RTS Program, in compliance with Municipal Code Section 12.14.100.

9. “Incident” means a traffic collision, crime scene, or similar event in which the Police Department or City contacts a Tow Operator on the RTS Program to remove a vehicle or vehicles.

10. “Indoor Storage” means an enclosed, weather-tight building used for storing vehicles in conjunction with the City’s RTS Program. The building shall have a roof and four walls, be secured from unauthorized entry, have an opening large enough for vehicle access, and comply with the City’s zoning, building, and occupancy regulations.

11. “Load Salvage Operations” means any tow operations involving the recovery of a spilled load, or the off-loading and reloading of cargo from an overturned vehicle, performed to upright the vehicle. This applies to Class B, C, and D tow trucks.

12. “Notice” means any written notice delivered to the other party in person, via facsimile or email, or by first-class U.S. mail by a duly authorized representative of the City or Tow Operator.
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13. “Permit” means the operator’s permit issued to a Tow Operator or business that has complied with all Municipal Code Sections 12.14 to the satisfaction of the City Council.

14. “Personal Property” means items not permanently affixed to the vehicle.

15. “Rate” means the rate charged by the Tow Operator to a vehicle’s owner or agent, as approved by the City Council.

16. “Response Time” means the period between notification by the City or Police Department and the tow truck’s arrival at the requested location.

17. “Rotation List” means the list of authorized Tow Operators permitted to remove vehicles under the RTS Program.

18. “Rotational Tow Service Program” means the City’s official program for selecting Tow Operators to assist the Police Department, Community Enhancement & Neighborhood Services Division, and City in removing vehicles from public rights-of- way and private property.

19. “Suspension” means the temporary removal of a Tow Operator from the City’s rotation list for a specified period, regardless of any contract term.

20. “Termination” means the permanent removal of a Tow Operator from the City’s rotation list for the remainder of the Agreement term, including disqualification from future participation in the City’s RTS Program.

21. “Tow Car” or “Tow Truck” means a motor vehicle designed, equipped, and used exclusively for towing vehicles by means of a crane, tow bar, towline, dolly, or similar device, and in compliance with Section 615 of the California Vehicle Code. This includes slide-back carriers and wheel-lift vehicles.

22. “Tow Driver” means a trained and qualified, licensed individual who operates a Tow Car or Tow Truck.

23. “Tow Operator” means a towing operator or business that has a valid Agreement with the City and is selected to be used, on call and on an alternating basis, when towing services are required.

24. “Vehicle Recovery Operation” means the process of up-righting an overturned vehicle or returning a vehicle to a normal position on the roadway using auxiliary equipment, typically requiring Class B, C, or D tow trucks.

B. TOW OPERATOR SERVICES, FEES, AND RELEVANT DATES

1. Tow Operator’s Proposal : The Tow Operator’s proposal is described in Exhibit “B”, attached hereto and incorporated herein by this reference. In the event of any conflict, this Agreement shall take precedence over any attached exhibits.

2. Contract Period: The Tow Operator’s term shall commence on July 1, 2026, and conclude on June 30, 2031.

3. General Responsibilities of Tow Operator:
a. Service: The Tow Operator shall provide towing services at the request and direction of the Police Department and the Community Enhancement & Neighborhood Services Division for all tows necessary from the public right-of- way and private property.

b. Authorized Requestors: Calls for towing services shall be initiated by the Police 126
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Department and/or by the Community Enhancement & Neighborhood Services Division under the City’s Vehicle Abatement Program.
c. Clean-Up: The Tow Operator shall be responsible for reasonable cleanup of debris left at the scene of a collision or as directed by the Police Department. d. Service Fees: There shall be no charge or fee to the City, the Police Department, the Community Enhancement & Neighborhood Services Division, the Riverside County Sheriff's Department, the Riverside County Fire Department, or CAL FIRE for any towing services provided by the Tow Operator, including vehicles towed at the request of the City or Police Department in connection with a crime or investigation. All charges or fees shall be applied only to the legal or registered owner of the vehicle or to the property owner, as appropriate. All references to “charges” or “fees” herein refer to charges against the vehicle or property owner and not to the City, Police Department, Community Enhancement & Neighborhood Services Division, Riverside County Sheriff's Department, Riverside County Fire Department, or CAL FIRE.
e. Records: The Tow Operator shall maintain records of all tow services furnished under this Agreement, including invoices, tow logs, vehicle release forms, and receipts, for a period of three (3) years following the completion of each service or termination of this Agreement, whichever is later. Such records shall include a description of each vehicle towed, the nature of the service provided, and the time and location of each call. All records shall be made available upon request for inspection or audit by the City and the Police Department at any time. Each vehicle towed as part of the City’s Rotational Tow Services (RTS) Program shall be clearly marked on the windshield with “MOVAL” and either “I” (Impounded) or “S” (Stored).
f. Tow Operator Permit: A Tow Operator participating in the City’s RTS Program must hold a valid City of Moreno Valley Tow Operator Permit to conduct business in the City. The permit application must be verified under penalty of perjury and accompanied by a non- refundable fee as established by City Council. A Tow Operator’s Permit may only be obtained after the operator successfully completes the City’s Request for Proposal (RFP) process and is selected as an approved contractor . Once selected, the Tow O perator must submit the required fee and verification. The application must include all documentation required by this section and be submitted through the City’s RFP process. The applicant must also demonstrate possession of a valid business license pursuant to Chapter 5.02 of the Moreno Valley Municipal Code. The permit shall include the following information:
1)
Name/Description. Name and description of applicant.
2) Address. Permanent home address and full business address of the applicant (if an individual); of each partner (if a partnership); or of each officer (if a corporation).
3) Garage or Storage Facility. Location where the vehicles will be stored or impounded, which must be within the City of Moreno Valley. 127
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4) Fingerprints. Applicant shall be fingerprinted by the Police Department upon referral from the Public Safety Contracts Administrator or designee, and a record check performed. The cost shall be established by City Council resolution and borne by the applicant.
5) Criminal Record. A statement indicating whether the applicant, or any officer or partner has been convicted of a felony within the past ten (10) years, including the nature of each offense and the resulting penalty. 6) Vehicle Data. The number of tow trucks to be operated or controlled by the applicant including the make, body style, year, vehicle identification number, state license plate number, and name of legal and registered owner for each vehicle.
7) Vehicle Description. Description of proposed color scheme, insignia, trade- style and other distinctive vehicle markings.
8) Previous Licensing. A statement indicating whether the applicant has had a permit or franchise suspended or revoked, including, the circumstances and jurisdiction.
9) Insurance. Proof of insurance in the form and amount required under this Agreement.
10) Corporation Data. If a corporation, a copy of current Articles of Incorporation, certified by the California Secretary of State, within sixty (60) days prior to application, current corporate bylaws and copies of any applications, permits or notifications for the issuance of shares filed with or issued by the commissioner of corporations.
11) Business Office and Telephone Maintenance. A statement that the applicant will maintain at the principal place of business located in the city of Moreno Valley, and in operating order at all times, at least one telephone line.

At all times there will be an attendant in charge of said telephone or telephones to dispatch tow trucks in response to requests therefor. After -hour answering services fulfill this requirement
12) A Tow Operator’s Permit is valid for one (1) year from the date of issuance.

Failure to pass the annual site inspection or pay the required administrative fees within (30) days of the due date shall result in suspension from the City’s RTS Program. The City shall provide written notice of any deficiencies identified during the site inspection, and the Tow Operator shall have thirty (30) days from receipt of such notice to cure the deficiencies. The permit shall be recertified upon payment of the annual fee and successful completion of the site inspection.

g. Record Check: Each new driver shall be fingerprinted by the Police Department upon referral from the Public Safety Contracts Administrator or designee. A background record check shall be conducted. The applicable fee, as established by City Council resolution, shall be paid at the time the driver is being added to the program and the request is submitted to the Public Safety Contracts Administration. This requirement may be waived for existing drivers who already have a record on file.

h. Tow Drivers Employment of Qualified Drivers: Each Tow Operator shall employ only drivers who are physically and mentally fit to perform required duties and familiar with City streets. No Tow Operator shall employ or retain any person who violates laws governing morals, motor vehicle operations, or provisions of 128
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this Agreement.

i. Financial Interest : A Tow Operator shall not hold any financial interest in another Tow Operating business participating in the City’s RTS Program.

Violation of this section shall result in immediate revocation of the Tow Operator’s permit for the remainder of the contract period.

j. Tow Driver Permit Requirements : The Tow Operator shall ensure that only qualified, competent tow drivers respond to calls initiated by the City and Police Department. All tow truck drivers must obtain a permit from the Public Safety Contracts Administration or designee and be fingerprinted. Each permit application (including renewal, replacement, or duplicate) shall include:

1) Applicant’s full legal name and any aliases;
2) Disclosure of any felony conviction, plea of guilty, or nolo contendere within the prior ten (10) years, including offense details and penalties; 3) Class and number of applicant’s California driver’s license, restrictions (if any), and any prior suspension or revocation history; 4) Applicant’s residential addresses for the preceding year; 5) Statement of physical condition, including disclosure of any history of epilepsy, blackout periods, fainting spells, or addiction to alcohol, narcotics, or other dangerous drugs;
6) A current California Department of Motor Vehicles driver record (issued within 30 days of application), showing any violations. The license must be valid for the class of tow trucks operated.

k. Tow Driver Permits Nontransferable : Tow truck driver permits are not transferable; however, a permit holder may retain the same permit upon changing employment between permitted Tow Operators.

l. Termination of Employment: Within ten (10) days of terminating any driver, the Tow Operator shall provide written notice to the Police Department and the City.

m. Compliance with Federal Regulations : Tow Operator shall comply with the United States Department of Transportation regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991, and any subsequent revisions.

n. Employer Pull Notice Program Enrollment : Tow Operator shall be enrolled in the Employer Pull Notice Program as set forth in California Vehicle Code Section 1808.1, including both mandated and non- mandated employees required to drive as part of their duties.

o. Tow Truck Driver Permit Validity and Licensing Requirements : A tow truck driver’s permit is valid for one (1) year. Failure to renew the permit shall suspend the driver from the City’s RTS Program. A driver shall be reinstated upon issuance of a valid permit and employment by a licensed Tow Operator.

Both the Tow Operator and its drivers shall maintain proper licenses in 129
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accordance with California Vehicle Code Section 12804, this Agreement, and Chapter 12.14 of the Moreno Valley Municipal Code, as amended. p. Tow Vehicle Maintenance and Equipment Compliance: The Tow Operator shall ensure that all towing vehicles are maintained in full compliance with California Vehicle Code Sections 24605, 25253, 25300, 27700, and 27907, Revenue and Taxation Code Section 9701, and all applicable City requirements as set forth in this Agreement and Chapter 12.14 of the Moreno Valley Municipal Code, as amended.

4. Tow Truck Classifications.
a. A Tow Operator shall equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the California Code of Regulations and the specifications contained in this chapter, and consistent with industry standards and practices as determined by the City. b. Any and all tow trucks used by a Tow Operator in connection with the City’s RTS program shall be inspected annually by the California Highway Patrol and issued a valid Commercial Vehicle Safety Alliance (CVSA) decal prior to permitting a tow truck to participate in the City’s RTS program. A Tow Operator shall produce current California Highway Patrol forms CHP 407F, Safety net Driver/Vehicle Inspection Report, and CHP 234B; Tow Truck Inspection Guide, at the time a Tow Operator applies for a tow truck permi t. If the Tow Operator or business fails to have the tow truck or trucks inspected, “such tow truck or trucks” shall not be permitted to participate in the City’s RTS program. Once the City has inspected the tow truck or trucks and has determined it meets the provisions of the California Vehicle Code
and this chapter, the tow truck or
trucks will be permitted to tow vehicles in connection with the City’s RTS program.
c. Notwithstanding Section 615 CVC, all tow trucks shall have recovery and wheel lift capabilities, and a boom meeting the specifications contained in this chapter.

For the purpose of this chapter, “a trailer for hire that is being used to transport a vehicle” shall not qualify as a primary tow truck for tow rotation lists.

A violation of the gross vehicle weight rating (GVWR) and safe loading requirements of a tow truck shall be cause for immediate suspension as defined and outlined in this chapter. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty (50) percent of the tow truck’s unladen weight on the front axle when lifting/carrying a load.
d. There are four classes of tow trucks covered under this section . If the manufacturer’s weight ratings for any class of tow truck change, the revised weight ratings shall replace those listed below.

1) Class A—Light Duty.

A tow truck with a manufacturer’s gross vehicle weight rating (GVWR) of at least fourteen thousand (14,000) pounds, equipped with wheel-lift capability, and which may include a car carrier.
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a) A
tow truck company operating a car carrier may be exempted from the wheel-lift capability requirements. However, the car carrier must be an additional unit.
b) A “trailer for hire” shall not be approved for listing as a Class A tow truck.
2) Cla
ss B—Medium Duty.

A tow truck with a manufacturer’s gross vehicle weight rating (GVWR) of at least twenty-six thousand (26,000) pounds, capable of supplying air to the towed vehicle’s braking system.
a) A tow truck company may also have a car carrier. However, the car carrier must be an additional unit.
3) Class C—Heavy Duty.

A tow truck with a manufacturer’s gross vehicle weight rating (GVWR) of at least forty-eight thousand (48,000) pounds, equipped with air brakes and capable of supplying air to the towed vehicle’s braking system. 4) Class D—Super Heavy Duty.

A tow truck with a manufacturer’s gross vehicle weight rating (GVWR) of at least fifty -two thousand (52,000) pounds, equipped with air brakes and capable of supplying air to the towed vehicle’s braking system. e. T
o properly and safely tow and service the wide variety of vehicles being operated on the highway, a Tow Operator shall equip all tow trucks participating in the City’s RTS program with the appropriate equipment as required by the California Vehicle Code a nd other applicable regulations .

5. Rotation Tow Lists.
a. For operational efficiency, the Police Department and the City shall, where practical, maintain the same rotation tow lists and establish policies and procedures to ensure the fair distribution of c alls among Tow Operators approved to participate in the City’s Rotational Tow Services (RTS) Progr am.

Each list shall include only those Tow Operators holding a valid agreement with the City.
b. Nothing in this agreement shall prohibit a Class B, Class C, or Class D operator from being listed on a lighter class rotation list. (Refer to S ection B-4 for tow truck classifications.) Regardless of the class of tow truck used in res ponse to a City call, charges to the vehicle’s registered owner or agent shall not exceed the rate applicable to the class of vehicle towed or serviced, except in cases where recovery operations require the use of a lar ger class of tow truck. c. If two or more Tow Operators are called to the same incident, the distribution of the vehicles shall be at the discretion of the Police Department or City. The Police Department may direct a Tow Operator to move vehicles to c lear a roadway or for lifesaving operations, and such assistance shall be prov ided at no cost to the City.
d. At the direct request of a vehicle owner or their authorized agent, a police officer may contact any tow business for service, unless the request violates loc al, 131
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state, or federal law or would cause a delay in protecting public health and safety. If a vehicle owner or their authorized agent requests a tow service of their choosing, they shall assume full responsibility for any associated service fees imposed by that tow provider.
e. Following any major collision, the Police Department shall have the authority to direct any Tow Operator to tow vehicles to any location necessary for investigative purposes.

6. Storage Facility:
a. Tow Operators participating in the City’s RTS program shall provide a storage facility located within the City of Moreno Valley. Said facility shall include spaces dedicated exclusively to the City’s RTS program. Tow Operators must maintain their storage facilities in full compliance with the rules and regulations set forth in Chapter 12.14.100 of the Moreno Valley Municipal Code, as amended.

7. Standard Rules of Operation
a. All requests for the removal of traffic hazards shall be made through the Police Department.
b. If a Tow Operator anticipates a delay in responding to a Police Department or City request for service that will exceed the maximum response time set forth in Section B -8 of this Agreement , the Tow Operator shall promptly notify the requesting agency.
c. The Tow Operator shall be capable of responding to Police Department or City requests for towing services, as well as releasing vehicles to owners or their authorized agents, twenty-four (24) hours a day, seven (7) days a week. The use of an answering service fulfills this requirement.
d. Removing Hazards. Upon dispatch by the Police Department or City, the tow truck driver shall cooperate fully with police officers or City officials in removing hazards and illegally parked vehicles as directed. The determination to impound or move a vehicle rests solely with the police officers or City officials, and the tow truck driver shall comply with their direction. e. Each Tow Operator shall comply with Section 27907 of the Vehicle Code o f the
state of California regarding signage on tow trucks. Only tow trucks displaying the name of the Tow Operator called shall be dispatched to the scene. f. T ow Operator shall conduct their business in an orderly, ethical, businesslike manner, using reasonable m eans to maintain the confidence of the motoring public.
g. Tow Operator participating in City’s RTS program are responsible for the actions of their employees (both office and field personnel) while on duty. Each Tow Operator shall be responsible for any damage s to vehicles while in their possession.
h. Tow Operator records, equipment, and storage facilities shall be subject to 132
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periodic inspection by Police Department investigators and/or City personnel during regular business hours. Failure to permit such inspections shall be considered a breach of this Agreement and may result in immediate suspension from the City’s RTS Program.
i. All vehicles stored or impounded as a result of a Police Department or City tow shall be made available to the vehicle owner, their representative, an authorized insurance agent, adjuster, body shop, or car dealer for the purpose of estimating or appraising damages, except for vehicles under a “police hold.” The Tow Operator shall maintain written records of all vehicles stored for longer than twelve (12) hours in accordance with Section 1065(a) of the California Vehicle Code.
j. The permitted Tow Operator shall record the time in and time out for every City requested tow assignment. These records shall be available for examination by the Police Department and/or City upon request.
k. All permitted Tow Operators shall submit a monthly RTS Program report to the Police Department and City within ten (10) business days following the last day of each month. The report shall include the following information:
1) T
otal police and City impounds;
2) Number of times dispatched by Police Department or City; 3) Number of these calls resulting in impounds;
4) Number of vehicles sold on lien sale under authority of Section 3072, Civil Code, and reporting said lien sales as per authority of Section 851.2 CVC; 5) Number of vehicles sold under low value vehicles as defined by California Vehicle Code S
ection 22851.3;
6) Number of calls which required more than one hour’s time; 7) Total number of vehicles held for evidence purposes. l. A
ll tow trucks used shall have two-way communication with the Tow Operator’s communication center.
m. A Tow Operator shall not proceed with any repair work on a vehicle or place any charges against a vehicle other than those occasioned by removal from the street and storage unless authorized by the vehicle owner or designated agent.
n. A Tow Operator, when disposing or dismantling of unclaimed vehicles, shall abide by all Civil and Vehicle Code S
ections pertaining thereto.
o. All vehicles stored or impounded as a result of a tow ordered by the Police Department or City shall be towed directly to a Tow Operator’s approved storage facility unless the Police Department , City or other person legally in charge of the vehicle requests that it be taken to some other location. p. A Tow Operator shall not begin the lien-sale process for a minimum of five days after the Tow Operator took possession of a vehicle under the City’s RTS 133
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Program.
q. The City shall conduct, at a minimum, one annual meeting to discuss with the Tow Operator or designee, the City’s RTS Program. Attendance at the meeting is mandatory. The City shall give a thirty (30) day written notice of the meeting. r. The required annual meeting shall be held in July or August of each year.

Failure of a Tow Operator to attend the required annual meeting shall result in suspension from the RTS Program until an alternate meeting is held with the Police Department and the City. This alternate meeting is mandatory and must occur within sixty (60) days of the originally scheduled meeting date. s. Failure to attend a second, rescheduled mandatory meeting will lead to the termination of this agreement with the City for the duration of the contract period.

8. R
esponse and Rotation Procedures
a. Tow Operator shall respond to the Police Department or City within the maximum response time of twenty (20) minutes, or as otherwise established by the Police Department. Tow Operators participating in the City’s RTS program shall be notified in writing of any changes to the response time, with a minimum of fifteen (15) days’ notice prior to implementation. The Tow Operator shall advise the Police Department dispatch or City at the time of notification if they are unable to respond or unable to meet the maximum response time. If, after accepting a call, the Tow Operator is unable to respond or will be delayed, they shall immediately notify central dispatch or the City. Tow Operators shall not assign calls to other Tow Operators or tow truck drivers not employed by them.
1) T
he Public Safety Contracts Administrator or designee shall establish the terms of the rotation list to best meet the needs of the Police Department and Community Enhancement & Neighborhood Services D ivision. This includes determining the type of rotation, such as a twenty -four (24) hour rotation or on a per call (“true rotation”) basis or other rotation concept. 2) If th
e Tow Operator fails to answer the phone, is unable to respond, refuses to respond, cannot perform the required service, or is canceled due to excessive response time, the call shall be forfeited, and the next operator on the list shall be contacted. If a per call or “true rotation” program is in effect, the Tow O perator that was unable to respond will be moved to the bottom of the rotation list . If a twenty -four (24) hour rotation program is in effect, that particular call will go to the operator assigned to the next twenty- four (24) hour rotation, but any additional calls will still go to the operator assigned to the shift in effect at that time.
3) R
epeated failures to respond, or repeated failures to respond within the maximum response time requirements, on a continuous basis, shall constitute noncompliance with the terms and conditions of this agreement. 4) A T
ow Operator shall not respond to a Police Department or City call assigned to another Tow Operator unless specifically requested by the 134
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Police Department or City.
5) In certain situations, a driver who was not called to a scene may arrive at a collision scene where vehicles are blocking a roadway. If a police officer requests their assistance in clearing the roadway, the driver may move the vehicle to a safe location as directed by the officer and leave it. No charge shall be made for this assistance, and the Tow O perator’s place in the rotation shall not be affected.

9. R
ates
a. All towing and storage fees shall be charged to the vehicle’s owner or authorized agent. Price rates will be established according to the approved Tow Fee Program Rates Schedule (see Exhibit C). All Tow Operators must adhere to these rates for the duration of this agreement. b. T
ow Operator shall comply with the Tow Fee Program Rates Schedule, which includes a 3% annual rate adjustment already incorporated into the schedule.

These rates will remain in effect as outlined in the Tow Fee Program Rates Schedule for the duration of the agreement. Fees and storage rates charged for response calls originating from the Police Department or City shall be reasonable and not exceed rates charged for similar services provided to other public agencies or private parties.

T
he reasonableness of fees shall be determined as follows:
1) Towing rates shall be calculated from portal to portal and may include a one-hour minimum. Charges exceeding one hour may be charged in fifteen (15) minute increments. No additional charges for mileage, labor, or similar costs shall be imposed.
2) S
econdary towing services requested by the customer may be negotiated in accordance with the Tow Operator’s standard private business practices. c. Tow Operators are not required to reapply or submit a request for annual increases, as they are automatically reflected in the approved rate schedule.

Operators must comply with the rates as listed and are not permitted to apply any additional increases beyond those specified.
d. A fee for after -hours vehicle release shall not exceed one- half of the hourly towing rate and may only be charged if no staff is present at the storage facility during the vehicle owner's request and a callback is required. After-hours are defined as times outside the Tow Operator's posted regular business hours. e. Storage fees shall be charged by calendar day, except vehicles stored for eight hours or less shall be charged no more than one-day storage. f. The schedule of rates shall be clearly posted in the lobby of the Tow Operator’s business. These rates shall be displayed on eleven (11) inches by seventeen (17) inches minimum with one-inch lettering. Rates shall also be made available upon request to the individual or agent for whom the tow service was provided.
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10. Fees for Special Operations
a. For special operations involving Class B, C, and D tow trucks, the Tow Operator shall submit their proposed fees for vehicle recovery and load salvage operations to the City. Fees must be reasonable and consistent with industry standards for similar operations. Charges beyond the one -hour minimum outlined in this section may be billed in fifteen–minute increments. b. Hourly rates shall be established for the following categories:
1) Auxiliary Equipment : e.g., airbags, converter gear/dolly, additional trailers, etc.
2) Contracted Equipment : e.g., airbags, converter gear/dolly, additional trailers, forklifts, scoop loaders, etc.
3) Contract labor.
c. The City shall determine the reasonableness of the fees for these types of operations, based upon the average of the submitted proposals and a comparison to industry standards for similar services.

11. R elease of Stored or Impounded Vehicle. No vehicle shall be released to a vehicle’s owner or authorized representative or agent without prior written approval from the Police Department or City authorizing the release from the Tow Operator’s possession.

C. PROFESSIONAL CONDUCT AND COMPLAINT RESOLUTION PROCEDURES

1. Demeanor and Conduct: While engaged in the City of Moreno Valley Rotational Tow operations or any City-related business, Tow Operators and their employees shall maintain professional conduct at all times and refrain from acts of misconduct, including but not limited to:
a. R ude, discourteous, or unprofessional behavior toward City staff, Police Department personnel, or members of the public.
b. Failure to provide service, selective service, or refusal to provide service which the Operator is capable of performing.
c. Any act of harassment, discrimination, or sexual impropriety. d. Unsafe driving or on-scene practices that jeopardize public safety. e. Exhibiting any signs of impairment from alcohol, drugs, or controlled substances while on duty.
f. Any violations or misconduct can result in an investigation procedure.

D. STANDARD TERMS AND CONDITIONS

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

2. Intent of Parties. Tow Operator is, and at all times shall be, an independent 136
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contractor and nothing contained herein shall be construed as making the Tow Operator or any individual whose compensation for services is paid by the Tow Operator, an agent or employee of the City, or authorizing the Tow Operator to create or assume any obligation or liability for or on behalf of the City , or entitling the Tow Operator to any right, benefit, or privilege applicable to any officer or employee of the City.

3. Responsibilities of the City. The Police Depar tment and the Community Enhancement & Neighborhood S ervices Division will m aintain rotational lists composed solely of the Tow Operator’s who are signatories to this agreem ent unless as otherwis e provided for by Police Department or City procedure. To the greatest extent feasible, the P olice Department and City’s Com munity Enhancement & Neighborhood Services Division s hall operate the rotational lis t pursuant to Municipal Code, Chapter 12.14, and this agreement.

4. Legal Considerations. The Tow Operator shall com ply with applicable feder al, state, and local laws in the performance of this agreement. The Tow Operator and the City agree to use reasonable care and diligence to perform their respective services under this agreement.

5. Tow Operator Indemnification. To the furthest extent allowed by law (including California Civil Code section 2782.8 if applicable), Tow Operator shall indemnify, hold harmless and defend the City, the Moreno Valley Community Services District (“CSD”), the Moreno Valley Housing Authority ( “HA”) and each of their officer s, officials, employees, agents and volunteers fr om any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and ac tions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Tow Operator , its principals, officers, em ployees, agents or volunteers in the performance of this agreement. Acceptance of this agr eement signifies that the Tow Operator is not covered under the City’s general liability insurance, employee benefits or worker’s compensation. It further establishes that the Tow Operator s hall be fully responsible for such coverage.

6. City Indemnification. The City agrees to indemnify, defend and hold the Tow Operator and its officers, agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the City’s, HA, and CSD’s employees and all claims which arise from or are connected with the sole negligence or willful misconduct of the City, HA, and CSD, their officers, agents or employees in the performance or failure to perform the services or other obligations of the City under this agreement; provided, however, that this indem nification and hold harmless shall not include any claims aris ing from the negligence or willful misconduct of the Tow Operator, its officers, agent, or employees.

7. Insurance Requirements. Throughout the life of this agreement, Tow Operator shall pay for and maintain in full force and effect all insurance as required. 137
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If at any time during the life of this agreement or any extension, Tow Operator or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this agreement shall be discontinued immediately, and all payments due or that become due to Tow Operator shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this agreement. No action taken by City pursuant to this section shall in any way relieve Tow Operator of its responsibilities under this agreement . The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

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

Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any insurance policy required under this agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this agreement.

Where determined applicable by the City, Tow Operator will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California.

Minimum Scope of Insurance: Coverage shall be at least as broad as:
a. The most current version of Insurance Services Office (ISO) Commercial General Liability Cover age Form CG 00 01, whic h shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
b. The most current version of Ins urance Services Office (ISO) Business Auto Coverage Form CA 00 01, whic h shall include cov erage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
c. Workers’ Compensation insur ance as required by the California Labor Code and Employer’s Liability Insurance.
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d. Professional Liability (Errors and Omissions) insurance appropriate to Tow Operator’s profession.

Minimum Limits of Insurance:
a. General Liability Insurance. To protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Tow Operator, sub- Tow Operator, or any person acting for the Tow Operator or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of this agreement and any extension thereof in the minimum amounts provided below:

• $1,000,000 per occurrence for bodily injury and property damage • $1,000,000 per occurrence for personal and advertising injury • $2,000,000 aggregate for products and completed operations • $2,000,000 general aggregate

b. Automobile Liability
• $1,000,000 per accident for bodily injury and property damage

c. Employer’s Liability (Worker’s Compensation)
• $1,000,000 each accident for bodily injury
• $1,000,000 disease each employee
• $1,000,000 disease policy limit

d. On-Hook Coverage: Coverage shall i nsure vehicles in tow with policy limits established in accordance with the size and classification of the tow truck. • Class A Tow Truck: $ 25,000
• Class B Tow Truck: $ 50,000
• Class C Tow Truck: $100,000
• Class D Tow Truck: $100,000

e. Garage Liability: Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $100,000. f. Garage Keepers Liability: Shall be the same minimum as on-hook coverage for vehicles in the care, custody, and control of the Tow Operator in the storage yard.
g. Uninsured Motorist: Legal minimum combined single limit. In no case shall the required insurance coverage have a deductible greater than $1,000.

h. Deductibles and Self -Insured Retention: Any deductible of self -insured retention must be declared to and approved by the City . At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retention as respect to the City , its officers, officials, employees and volunteers; or the Tow Operator shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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i. Umbrella or Excess Insurance: In the event Tow Operator purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
j. Deductibles and Self-Insured Retentions: Tow Operator shall be responsible for payment
of any deductibles contained in any insurance policy(ies) required hereunder
and Tow Operator shall also be responsible for payment of any self- insured
retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or designee. At the option of the City Manager or designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers; or (ii) Tow
Operator shall provide a financial guarantee, s atisfactory to the City Manager
or designee, guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall City be responsible for
the payment of any deductibles or self-insured retentions. k. The Workers’ Compensation insurance policy: In s uch amounts as will fully comply
with the laws of the State of California and which shall indemnify, insure and provide legal
defense for both the Tow Operator and the City, HA, and CSD against any loss, c laim or damage arising from any injuries or occ upational diseases happening to any worker employed by the Tow Operator in the course of
carrying out this agreement. Workers’ Compensation insurance policy is to contain,
or be endorsed to contain, the following provision: Tow Operator and its
insurer shall waive any right of subrogation against City of Moreno Valley, CSD,
Housing Authority and each of their officers, officials, employees, agents and volunteers.

Ot
her Insurance Provisions : The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
a. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds. b. The coverage shall contain no special limitations on the scope of protection afforded to City , CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
c. Tow Operator’s insurance coverage shall be primary and no contribution shall be required of City.

endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, Tow Operator shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers: All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or designee.

Verification of Coverage: Tow Operator shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or designee prior to City’s execution of this agreement and before work commences.

8. Intellectual Property. Any system or documents developed, produced or provided under this agreement, including any intellectual property discovered or developed by Tow Operator in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this agreement. The Tow Operator may retain copies of any and all material, including drawings, documents, and specifications, produced by the Tow Operator in performance of this agreement. The City and the Tow Operator agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.

c. Assignment of this agreement is prohibited without prior written consent.

d. This agreement is binding upon the City and the Tow Operator and their successors and assigns. Except as otherwise provided herein, neither the City nor the Tow Operator shall assign, sublet, or transfer its interest in this agreement or any part thereof without the prior written consent of the other.

10. Suspension, Revocation and Termination. The City may suspend or revoke a Tow Operator’s permit as set forth in Chapter 12.14 of the Moreno Valley Municipal Code, as amended. In the event the City revokes the Tow Operator’s permit, this 141
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agreement with the Tow Operator shall be terminated by giving at least ten (10) days written notice to the Tow Operator. The written notice shall specify the date of termination. In the event the City terminates this agreement for cause, the Tow Operator shall perform no further work or service(s) under this agreement unless the notice of termination authorizes such further work.

11. Recovery of City Administrative Fees and Costs.
a. In accordance with California Vehicle Code Section 12110(b) , and in consideration of the City’s granting Tow Operators the right to tow, impound and store vehicles at the direction of the City pursuant to this agreement, each Tow Operator shall pay the City for its actual and reasonable costs incurred in administering this agreement and operating the City’s Rotation Tow Service (RTS) Program.

A
dministrative costs to be recovered may include, but are not limited to, the following:
a) D
evelopment of the RFP and Agreement;
b) Issuance of permits;
c) Annual meetings;
d) Site inspections;
e) DUI checkpoint coordination;
f) Correspondence with Tow Operators;
g) Review of monthly reports; and
h) Enforcement of the terms and conditions of the RFP, Tow Operator’s Proposal, and Chapter 12.14 of the Moreno Valley Municipal Code. b. Once a Tow Operator is approved to participate in the City’s RTS Program and an agreement is executed by both parties, the Tow Operator must annually pay the following, each year, during the five-year term of this agreement:

Year 2026 $10,000.00
Year 2027 $15,000.00
Year 2028 $20,000.00
Year 2029 $25,000.00
Year 2030 $30,000.00
c. Annual cost recovery payments shall be due by July 1st of each year. The Tow Operator shall have thirty (30) calendar days from July 1st to remit payment. If payment is not received within thirty (30) calendar days, the City may suspend the Tow Operator from the RTS Program until payment is received. If payment is not received within sixty (60) calendar days from July 1st, this Agreement shall be terminated, and the Tow Operator shall be removed from the RTS Program for the remainder of the contract term. Any outstanding City administrative fees shall become immediately due and payable.
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d. The current RTS Program operates on a “tow -by-tow” rotation basis with dispatch services provided by Professional Communications Network (PCN).

12. Restrictions on City Employees.
a. In performing the work or services to be provided hereunder, Tow Operator shall not employ or retain the services of any person while such person either is employed by City or is a member of any City C ouncil, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. b. Tow Operator represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this agreement or any rights/benefits hereunder.
c. No officer or employee of the City shall have any financial interest in this agreement in violation of federal, state, or local law.

13. Employment. To the extent required by controlling federal, state and local law, Tow Operator shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this agreement, Tow Operator agrees as follows:
a. Tow Operator will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this agreement.
b. Tow Operator will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Tow Operator shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Tow Operator’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Tow Operator agrees to post in conspicuous places, available 143
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to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
c. Tow Operator will, in all solicitations or advertisements for employees placed by or on behalf of Tow Operator in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexua l orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.

14. Assigned Representatives. A City representative shall be designated by the City and a Tow Operator representative shall be designated by the Tow Operator. The City r epresentative and the Tow Operator repres entative shall be the prim ary contact person for eac h party regarding perform ance of this agreement. The City representative shall c ooperate with the Tow Oper ator, and the Tow Operator’s representative shall cooperate with the City in all matters regarding this agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.

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

SIGNATURE PAGE TO FOLLOW
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IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of More
no Valley Pepe’s Inc. dba Pepe’s Towing Service
BY: BY:

City Manager
Title:

Christopher Navarro
Date:

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Public Safety Contracts Administrator
Date
Attachments:

Exhibit A: Request for Proposal (RFP)
Exhibit B: Tow Operator Proposal
Exhibit C: Tow Fee Program Rates
Schedule
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City of
Moreno Valley

INDEPENDENT CONTRACTOR AGREEMENT
Rotational Tow Services Program
This
Rotational Tow Services Agreement (hereinafter referred to as the “Agreement”) is made by and between the City of Moreno Valley, California, a municipal corporation (hereinafter referred to as the “City”), and the following named independent contractor (hereinafter referred to as the “Tow Operator”), based upon City policies and the following legal citations:

This
Agreement is made and entered into effective on the date the C ity signs this Agreement.

Tow Operator INFORMATION
Tow Operator’s Business/Company Name: Valley Wide Towing LLC.

Authorized
Representative: Randall S. Wilson
Address: 24850 Rivard Rd.

City: Moreno Valley State: California Zip: 92551
Business Phone: 951-485-9888
E-Mail Address: [email protected]

W I T N E S S E T H
WHE
REAS, the City seeks to engage the services of the Tow Operator to participate in the City’s Rotational Tow Services (RTS) Program for towing services throughout the City of Moreno Valley for the removal of vehicles from the public right -of- way (“Off -Site Vehicle Removal”) and the removal of inoperable vehicles from private property (“Vehicle Abatement Services”) at no cost or charge to the City or the following contract service providers: Riverside County Sheriff’s Department , Riverside County Fire Department and its service provider, CAL FIRE; and
WHE
REAS, the City agrees to utilize, on a rotational basis, for Off -site Vehicle Removal and Vehicle Abatement Services, only those Tow Operators located within the City of Moreno Valley, as defined herein and as set forth in this Agreement and Chapter

WHEREAS, the Tow Operator represents that it possesses the necessary expertise, licenses, equipment, storage facilities, personnel, and insurance; and has been issued a City Tow Operator’s Permit and Tow Truck Permit(s) in accordance with Municipal Code Chapter 5.02 (Business License), meeting all the requirements of the Moreno Valley Municipal Code and this Agreement to provide towing services within the City; and

WHEREAS, the City has relied upon the Tow Operator’s representations in entering into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

SCOPE OF SERVICES

A. DEFINITIONS

1. “Agreement” means this document, which sets forth the terms and conditions between the City and the Tow Operator on the tow rotation list.