Moreno Valley City Council
October 6, 2026

Site Name: Towngate Park

1. Property and Use. Owner is the owner of the real property and improvements described in Exhibit A C'Property") and hereby leases to Cox PCS Assets, L.L.C., a Delaware limited liability company ("Cox"), the site descn"bed below:

1. Land consisting of approximately 627 square feet,
upon which Cox will construct its equipment base
station and a replacement light pole upon which Cox
will use for tower antenna space ("Light Pole");
Space required for cable runs to connect PCS
equipment and antennas,
in the location(s) on the Property ("Site") shown on Exhibit B together with a non-exclusive easement for access thereto and to the appropriate, in the discretion of Cox, source of electric and telephone facilities. The Site will be used by Cox for the purpose of installing, removing, replacing, maintaining, modifying and operating, at its expense, a personal
communications service system facility C'PCS"), including, without limitation, Light Pole, related antennas; equipment, back-up power sources (including generators and fuel storage tanks), cable, wiring and fixtures and, if applicable, an antenna structure. Cox shall have access to the Site twenty-four (24) hours per day, seven (7) days per week. Cox will use the Site in a manner which willnot unreasonably disturb the occupancy of Owner's other tenants.

Owner agrees to permit Cox ingress and egress to the
Site to conduct such surveys, structural strength. analysis, subsudace boring tests and other activities of a similar nature as Cox may deem necessary, at the sole cost of Cox.

2. 2. Term. The term of this Agreement and any easements granted herein (the "Initial Term") is five (5) years,
commencing on the date C'Commencement Date") both Cox
and Owner have executed this Agreement. This Agreement
will be automatically renewed for four (4) additional terms (each a "Renewal Term") of five (5) years each, unless Cox provides Owner notice of intention not to renew not less than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term.

3. Rent. Until the date which is sixty (60) days after the issuance of a buildingpermit,rent willbe a one-time aggregate payment of One Hundred Dollars ($100.00),the receipt of which Owner acknowledges. Thereafter, rent will be paid in advance in equal monthly installments of One Thousand
. Site I.D. No.: RV-35-XC~94!Q.l
Dollars Tho Hundred Fifty and no/100 ($1,250.qo) (until increased as set forth herein), partial months to be pro-rated.

Rent payable under the Agreement shall be increased annually by three percent (3%) on each anniversary date of the
Commencement Date, i.e. rent will equal the amount of the monthly installment of rent payable during the preceding year increased by three percent (3%).

4. Title and Quiet Possession. Owner represents and agrees (a) that it is the owner of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that Cox is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as Cox is not in default beyond the expiration of any cure period; and (e) that Owner shall not have unsupervised access to the Site or to the PCS equipment.

5. Assi2l1ment/Sublettin2. Cox will not assign or transfer this Agreement, permit a co-location on its pole at the Site or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, Cox shall have the right to sublease or assign its rights under this Agreement to any of its subsidiaries, affiliates or successor legal entities or to any entity acquiring substantially all of the assets of Cox. In the event Cox subleases or permits the co-location of equipment or antenna space within its Site or on its pole to a communications carrier unaffiliated to Cox, the rent due under this Agreement shall increase by an amount equal to Tho Hundred Fifty Dollars ($250.00) for each month the
additional carrier's equipment is located within the Site or on the pole; provided, however, if the Owner enters into a separate lease for ground space with such additional carrier, Owner shall not be entitled to any increased rent by reason of such additional carrier locating antennas, equipment and associated fIXtures and cable runs within Cox's Site.

6. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, certified and postage prepaid, or when sent via overnight delivery. Notices to Cox are to be sent with reference to the Site Name and J.D. listed above, to 4683 Chabot Drive, Suite 100, Pleasanton, CA 94588 with a copy to Sprint Law Department, 6391 Sprint Parkway,
G:\CLIENTSI1SB15PRINI\Southem CaliCornia\Rivenide\RV-3S-XC-094(D)1l'CS Site Agrccmeul.7.wpd Septcmbe.-19.2001
I
Exhibit B
329
.' PCS SITE AGREEMENT

April1999 .

Site Name: Towngate Park
Mailstop: KSOPHTOI0I-Z2020, Overland Park, Kansas
66251-2020, Attention: Sprint PCS Real Estate Attorney.

Notices to Owner must be sent to the address shown
underneath Owner'ssignature.

7. Improvements. Cox may, at its expense, make such
improvements on the Site as it deems necessary from time to time for the operation of the PCS. Owner agrees to cooperate with Cox with respect to obtaining any required zoning
approvals or other governmental approvals or permits for the Site and such improvements. Upon termination or expiration of this Agreement, Cox shall remove its equipment and
improvements and will restore the Site to substantially the condition existing on the Commencement Date, except for underground conduit and foundations, ordinary wear and tear and damage by fire or other casualty loss.

8. Compliance with Laws. Owner represents that the Property (including the Site), and all improvements located thereon, are and shall remain in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities. Cox will substantially comply with all applicable laws directly relating to Cox's operation of the PCS and the improvements constructed by Cox at the Site.

9. Interference. Cox will resolve technical interference problems with other equipment located at the Site as of the Commencement Date orwithanyequipment that Coxattaches
to the Site at any future date when Cox desires to add
additional equipment to the Site. Owner will not permif or sufferthe installationof anyfuture equipment which (a) results in technical interference problems with Cox's then existing equipment, or (b) encroaches onto the Site.

10. Utilities. Ownerrepresents that utilities adequate for Cox's use of the Site are availl1ble.Cox will pay for all utilities used by it at the Site. Owner will cooperate with Cox in Cox's efforts to obtain utilities from any location provided by Owner or the servicing utility, including signing any easement or other instrument reasonably required by the utility company.

11. Termination. Coxmayterminate this Agreement at any
time by notice to Ownerwithoutfurther liabilityif (i) Coxdoes not obtain all permits, consents, easements, non-disturbance Site J.D. No.: RV~5-XC-094(D)
agreements or other approvals (collectively, "approval") reasonably desired by Cox or required from any governmental authority or any third party related to or reasonably necessary to operate the PCS system, or if any such approval is canceled, expires or is withdrawn or terminated, or (ii) if Owner fails to have proper ownership of the Site or authority to enter into this Agreement, or (iii) if Cox, for any other reason, in its sole discretion, determines that it will be unable to use the Site.

Upon termination, all prepaid rent shall be retained by Owner, unless termination is pursuant to (ii) above or is a result of Owner's default. The easements granted herein shall terminate upon the termination of this Agreement.

12. Default. If either party is in default under this Agreement for a period of (a) fifteen (15) days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) thirty (30) days following receipt of notice from the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not reasonably be cured within a thirty (30) day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such thirty day period and proceeds with due diligence to fully cure the default.

13. Indemnity. Owner and Cox each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and/or occupancy of the Site by the indemnifying party. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the' indemnified party. The
indemnity obligations under this Section will survive the termination of this Agreement.

14. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, "substance") on or under the Site or Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Cox will not introduce or use any such substance on the Site in violation of any applicable law.

G:\Cl.1EN'JSIJSBI$thern CaliCornia\Rlvenide\RV-3S-XC-094(D)1I'CS SileAgreemeul.7.wpd Seplember19,2001 .
330
April 1999 ,. PCS SITE AGREEMENT

SiteName: TowngatePark
Owner shall indemnify and hold Cox harmless from and against all claims, actions, damages, fines, liabilities, costs and expenses (including attorneys' and expert fees) arising, directly or indirectly, from the presence of any substance on, under or around the Property or the Site, unless said substance was actually brought onto the Property or Site by Cox. This obligation to indemnify Cox shall include damages, costs and expenses incurred in connection with any investigation, cleanup, remediation, monitoring, removal or restoration related to the presence of any substance. This indemnity shall survive the expiration or termination of this lease.

15. Subordination/Non-disturbance. This Agreement is
subordinate to any lien, mortgage or deed of trust now of record against the Property. However, promptly after this Agreement is fully executed, Owner will use diligent efforts to obtain a non-disturbance agreement reasonably acceptable to Cox from the holder of any such mortgage or deed of trust.

16. Taxes. Cox will be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use of the PCS on the Site. Cox will pay to Owner any increase in real property taxes attributable solely to any improvements to the Site made by Cox within sixty (60) days after receipt of satisfactory documentation indicating calculation of Cox's shares of such real estate taxes and payment of the real estate taxes by Owner. Owner willpay when due all other real estate taxes and assessments attnDutable to the Property of which the Site is a part.

17. Insurance. Cox will procure and maintain commercial general liability insurance, with limits of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to Owner within thirty (30) days of written request, adding Owner, the City of Moreno Valley and the Community Redevelopment Agency as
additional insureds. Such policy will provide that cancellation will not occur without at least fifteen (15) days prior written notice to Owner. Each party hereby waives its right of recovery against the other for any loss or damage covered by any insurance policies maintained by the waiving party. Each party will cause each insurance policy obtained by it to provide that the insurance company waives all rights of recovery against the Site J.D.No.: RV-35-XC-094(D)
other party in connection with any damage covered by such policy.

18. Maintenance. Cox will be responsible for repairing and maintaining the PCS and any other improvements installed by Cox at the Site in a proper operating and reasonably safe condition; provided, however, if any such repair or
maintenance is required due to acts of Owner, its agents or employees, Owner shall reimburse Cox for the reasonable costs incurred by Cox to restore the damaged areas to the condition which existed immediately prior thereto. Owner willmaintain and repair all other portions of the Property of which the Site is a part in a proper operating and reasonably safe condition.

19. Relocation Ri2ht.

A Owner will have the one-time right to relocate the
PCS, or any part thereof including Light Pole replacement, to an alternate ground location on the Property and/or to space within and/or on top of a building situated on the Property (the "Building"); provided, however, that such relocation will (1) be at Owner's sole cost and expense, (2) be performed exclusively by Cox or its agents, (3) not result in any interruption of the communications service provided by Cox on Owner's property, (4) not impair, or in any manner alter, the quality of
communications service provided by Cox on and from Owner's Property, and (5) be done in accordance with the terms and conditions contained in paragraphs Band C, below. Upon
relocation of the PCS, the access and utility easement( s) of Cox will be relocated as required, in the sole discretion of Cox, to operate and maintain the PCS.

B. Owner will exercise its relocation right under
Paragraph A, above,by (and onlyby) deliveringwritten notice (the "Notice")to Cox. In the Notice, Owner willpropose an alternate site on the Property to which Cox may relocate its PCS. Coxwillhave sixty(60) daysfrom the date it receivesthe Notice to evaluate Owner's proposed relocation site, during which period Cox' will have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If Cox fails to approve of such proposed relocation site in writingwithin said sixty-dayperiod, then Cox willbe deemed to have disapproved such proposed relocation site. If Coxdisapprovessuch relocation site, then Ownermay thereafter propose another relocation site by notice to Coxin G:\CI.IENIS\JSB'.'PRINI\Southcm Califoruia\RivtnideIRV-3S-XC094(D)\1'CS Site AgeemCllt.7.wpd September 19.2001
331

PCS SITE AGREEMENT

April 1999
Site Name: Towngate Park
the manner set forth above. Any relocation site which Owner and Cox agree upon in writing is referred to hereinafter as the "Relocation Site". Cox will have a period of ninety (90) days after execution of a written agreement between the parties concennng the location and dimensions of the Relocation Site to relocate (at Owner's expense) its PCS to the Relocation Site.

C. Upon relocation of the PCS, or any part thereof, to the Relocation Site, all references to the Site in the Agreement will be deemed to be references to the Relocation Site. Owner and Cox hereby agree that the Relocation Site (inc1udingthe access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of Cox, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Site. Except as expressly provided in this Exhibit, Owner and Cox hereby agree that in no event will the
relocation of the communications facility of Cox, or any part thereof, under Paragraph A, above, affect, alter, modify or otherwise change any of the terms and conditions of the foregoing Agreement.

20. MisceUaneous. (a) This Agreement appliesto and binds the heirs, successors,executors, administrators and assignsof the parties to thisAgreement;(b) ThisAgreement is governed by the laws of the State in which the Site is located, and, without waivingor limitingtheir rights to bring an action in a Federal Court havingjurisdiction thereof, the parties hereto agree to submit to courts having jurisdiction in Riverside County; (c) If requested by Cox, Owner agrees promptly to execute and deliver to Coxa recordable Memorandum of this PCS Site Agreement in the form of Exhibit C; (d) This
Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes allprior written and verbal agreements, representations, promises or
understandings between the parties, and any amendments to this Agreement must be in writing and executed by both
parties; (e) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those asto whomit isheld invalidor unenforceable, willnot be affected and each provisionof this Agreement will be valid and enforceable to t~e fullest extent permitted bylaw; and (f) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its Site I.D. No.: RV-35-XC~94(D)
reasonable attorneys fees and other reasonable enforcement costs and expenses from the non-prevailing party.

The following Exluoits are attached to and made a part of this Agreement: Exlnoit A, Band C.

OWNER: MORENO VALLEY
SERVIcm1DISTRICf

COMMUNITY
By:

Print Name:

Its:

S.S.ffax No.:

Address:

Phone:

City of Moreno Valley
City Hall, PublicWorks Dept.
14177Frederick Street
Moreno Valley, CA 92552
(909) 413-3155
Dated:October 23 , 2001
COX: CO
.

X PCS, ASSETS, L.L.c., a Delaware limited
li~bil#YWt9pany
By:

K~(Jamble
Its: Re'tonal Director of Site Development
Dated:
~2001
ATTEST:

APPiOved as to Form
Date Ip/~/
By ~
City Atlornev
Moreno Val"'v
Alice Reed, City Clerk acting
in the capacity of Secretary
of the Moreno Valley Community
Services District
G:\CLIEN'lS\JSB\Sl'RIN'l'$outhem Califoruia\Rivenide\RV.3S-XC094(D)\PCS Silo Ageement.7.wpd September 19, 2001 332
,.- EXHIBIT A
to
pcs SITE AGREEMENT
DESCRIYTIONOF OWNER'S PROPER1Y
Site Name: TOWDg,ate Park Site I.D. No.: RV-3S-XC-094(D) Description of Owner's Property:

The real property situated in the City of Moreno Valley, County of Riverside, State of California (APN: 291- 120-035-9), and more particularly described as:

Lot 14 of Tract 22049, in the City of MORENOVALLEY,County of RIVERSIDE, State of California, as per map recorded in Book 177, page(s) 1 through 8, inclusive, of Maps, Records of said County, together with the Northeasterly 100.00 feet of Lot 17, of said Tract, as described in Lot line Adjustment No. 848, recorded April 17, 1992 as Instrument No. 137874, Official Records of said County. .

Owner Initials
Cox Initials
333
1 Exhibit A

FIRST AMENDMENT TO

PCS SITE AGREEMENT
THIS FIRST AMENDMENT TO PCS SITE AGREEMENT (the “First Amendment”) is made effective this ____ day of ______________, 2026 (“Effective Date”), by and between the MORENO VALLEY COMMUNITY SERVICES DISTRICT, a California community services district (hereinafter referred to as “Lessor”) and STC ONE LLC, a Delaware limited liability company, by and through its Attorney In Fact, Global Signal Acquisitions III LLC, a Delaware limited liability company (hereinafter referred to as “Lessee”).

RECITALS
WHEREAS, Lessor and Cox PCS Assets, L.L.C., a Delaware limited liability company (“Original Lessee”) entered into a PCS Site Agreement dated October 23, 2001, a memorandum of which was recorded in the official records of Riverside County, California (“Official Records”) on December 3, 2001 as Document No. 2001-596107 (the “Agreement”), whereby Original Lessee leased certain real property, together with access and utility easements, located in Riverside County, California from Lessor (the “Site”), all located within certain real property owned by Lessor (“Lessor’s Property”); and
WHEREAS, STC One LLC is currently the Lessee under the Agreement as successor in interest to the Original Lessee; and
WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
WHEREAS, the Agreement had an initial term that commenced on October 23, 2001 and expired on October 22, 2006. The Agreement provides for four (4) extensions of five (5) years each, all four (4) of which were exercised by Lessee. According to the Agreement, the final extension expires on October 22, 2026; and
WHEREAS, Lessor and Lessee desire to amend the Agreement on the terms and conditions contained herein.

AMENDMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as follows:

1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. All references in the Agreement to the capitalized term “Cox” shall be replaced with “Lessee”. All references in the Agreement to the capitalized term “Owner” shall be replaced with “Lessor”.
334
2 2. Term. Section 2 of the Agreement is hereby deleted in its entirety and the following inserted in its place:

The initial term of this Agreement shall be for a period of five (5) years commencing on October 23, 2001 (“Commencement Date”) and expiring on October 22, 2006 (the “Initial Term”). At the conclusion of the Initial Term, Lessee shall be entitled to ten (10) extensions of five (5) years each, with the final lease extension expiring on October 22, 2056 (each extension is referred to as a “Renewal Term”). The Initial Term and any Renewal Term shall be collectively referred to as the “Lease Term”. The Lease Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew at least ninety (90) days prior to the expiration of the then current five-year term.

Lessor and Lessee hereby acknowledge that Lessee has exercised four (4) Renewal Terms, leaving a balance of six (6) Renewal Terms.

3. Rents. Commencing on October 23, 2026, the current monthly rent payable under the Agreement will be reduced to Seven Hundred Fifty and 00/100 Dollars ($750.00) per month for a term of five consecutive years (“Rent Reduction”), and shall not be subject to escalation. Thereafter, the monthly rent will increase to the amount of Three Thousand and 00/100 Dollars ($3,000.00) per month and shall increase annually thereafter by a rate of either (i) CPI based on the Riverside-San Bernardino-Ontario Index CPI-U all items for 12 months, or (ii) 3% of the rent payable for the immediately preceding month, whichever is greater, each year on the anniversary date of the Commencement Date for the remaining term of the Agreement, including any amendment to the Agreement. If the monthly rent is not received by Lessor on or before the fifteenth (15th) day following the due date of the first (1st) of each month, it shall be deemed delinquent. If the monthly rent is not paid before delinquency, then the amount due and unpaid shall be subject to a monthly late charge at the rate of five percent (5%) of the overdue amount, without limitation to Lessor’s other rights and remedies under the Agreement.

4. Maintenance; Landscaping
a) Lessee shall be responsible for repairing and maintaining Lessee’s equipment and any other improvements installed by Lessee on the Site in proper operating and reasonably safe condition. This shall include the repair of all damage incurred whether natural or man made, unless caused by Lessor or persons acting under the direction of Lessor. b) Lessor shall be responsible for all graffiti removal and abatement at the Site. Lessee shall pay a graffiti removal and landscape maintenance fee (“Maintenance Fee”) in the amount of One Hundred Dollars ($100.00) per month for said service, effective on the Effective Date and the first (1st) of each month thereafter for the remaining term of the Agreement, including any additional amendment to the Agreement. The Maintenance Fee shall increase annually on the anniversary of the Commencement Date at a rate of either (i) CPI based on the Riverside-San Bernardino-Ontario Index CPI-U all items for the preceding 12 months, or (ii) 3% of the amount 335
3 payable for the immediately preceding month, whichever is greater. The Maintenance Fee shall be noted as a separate line item on the remittance. If the monthly Maintenance Fee is not paid before delinquency, then the amount due and unpaid shall be subject to a monthly late charge at the rate of five percent (5%) of the overdue amount, without limitation to Lessor’s other rights and remedies under the Agreement.

5. Assignment/Subletting. Section 5 of the Agreement is hereby deleted in its entirety.

Lessee has the right, at its sole discretion, to assign its interest in the Agreement and to sublease or license use of the Site, its easements, and improvements. Lessee shall provide written notice to Lessor within sixty (60) days after such sublease or license is fully executed. Assignment of the Agreement by Lessee shall be effective upon Lessee sending written notice to Lessor and shall relieve Lessee from any further liability or obligation.

6. Future Subtenant Rent (Revenue Share). As consideration for the right to exclusively use and lease the Site, if, after October 23, 2031, Lessee subleases, licenses or grants a similar right of use or occupancy in the Site to an unaffiliated third party not already a subtenant on the Site (each a “Future Subtenant”), Lessee agrees to pay to Lessor fifty percent (50%) of the rental, license or similar payments actually received by Lessee from such Future Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “Future Subtenant Rent”) within thirty (30) days after receipt ofsaid payments by Lessee. Lessee shall have no obligation for payment to Lessor of such share of rental, license or similar payments if not actually received by Lessee. Non-payment of such rental, license or other similar payment by a Future Subtenantshall not be an event of default under the Agreement. Lessee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Site. There shall be no express or implied obligation for Lessee to sublease, license or otherwise allow occupancy of the Site.

7. Future Subtenant Rent (Revenue Share) Business Summary Report. Once per calendar year, Lessor may submit a written request to Lessee for a business summary report pertaining to Lessee’s Future Subtenant Rent for the prior twelve (12) month period, and Lessee shall provide such written report to Lessor within sixty (60) days after Lessee’s receipt of such written request. Lessor shall send such written request to the Notice address set forth in Section 11 of this First Amendment.

8. Right of First Refusal. If Lessor receives an offer that it intends to accept to purchase fee title, an easement, a lease, a license, or any other interest in the Site, or Lessor’s interest in the Agreement, or an option for any of the foregoing, Lessor shall provide written notice to Lessee of said offer, and Lessee shall have a right of first refusal to acquire such interest, including all of Lessor’s right, title and interest in the Agreement, on the same terms and conditions in the offer, excluding any terms or conditions that are (i) not imposed in good faith; or (ii) directly or indirectly designed to defeat or undermine Lessee’s possessory or economic interest in the Site.

If Lessor’s notice covers portions of Lessor’s Property beyond the Site, Lessee may elect to acquire an interest in only the Site, including all of Lessor’s right, title and interest in the Agreement, and the consideration shall be pro-rated on an acreage basis. Lessor’s notice shall include the prospective buyer’s name, the purchase price and/or other consideration being offered, the other terms and conditions of the offer, the due diligence period, the proposed closing date and, if a 336
4 portion of Lessor’s Property is to be sold, leased or otherwise conveyed, a description of said portion. If the Lessor’s notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence period shall be extended to be sixty (60) days from exercise of the right of first refusal and closing shall occur no earlier than fifteen (15) days thereafter. If Lessee does not exercise its right of first refusal by written notice to Lessor given within thirty (30) days, Lessor may convey the property as described in the Lessor’s notice. If Lessee declines to exercise its right of first refusal, then the Agreement shall continue in full force and effect and Lessee’s right of first refusalshallsurvive any such conveyance. Lessee shall have the right, at itssole discretion, to assign the right of first refusal to any person or entity, eitherseparate from an assignment of the Agreement or as part of an assignment of the Agreement. Such assignment may occur either prior to or after Lessee’s receipt of Lessor’s notice and the assignment shall be effective upon written notice to Lessor.

9. Survey. Lessee reserves the right, at its discretion and at its sole cost, to obtain a survey (“Survey”) specifically describing the Site and any access and utility easements associated therewith. Lessee shall be permitted to attach the Survey as an exhibit to this First Amendment and any related memorandum for recording, which shall update and replace the existing description, at any time prior to or after closing of this First Amendment.

10. Representations, Warranties and Covenants of Lessor. Lessor represents, warrants and covenants to Lessee as follows:
a) Lessor is duly authorized to and has the full power and authority to enter into this First Amendment and to perform all of Lessor’s obligations under the Agreement as amended hereby.
b) Lessee is not currently in default under the Agreement, and to Lessor’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Lessee under the Agreement. c) Lessor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Agreement as amended hereby, and ensure Lessee’s continuous and uninterrupted use, possession and quiet enjoyment of the Site under the Agreement as amended hereby.
d) Lessor acknowledges that the Site, as defined, shall include any portion of Lessor’s Property on which communications facilities or other Lessee improvements exist on the date of this First Amendment.

11. Notices. Lessee’s notice address as stated in Section 6 of the Agreement is amended as follows:

STC One LLC
c/o Crown Castle USA Inc.

Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
337
5 12. IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably requested by Lessee. In the event the Lessor’s Property is transferred, the succeeding Lessor shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect a transfer in the rent to the new Lessor.

Lessor’s failure to provide the IRS Form W-9 within thirty (30) days after Lessee’s request shall be considered a default and Lessee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments.

13. Counterparts. This First Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument.

14. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this First Amendment is hereby amended to be consistent.

15. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this First Amendment in the Official Records at any time following the execution of this First Amendment by all parties hereto.
[Signature pages follow]
338
6 Lessor and Lessee have caused this First Amendment to be duly executed on the day and year first written above.

LESSOR:

MORENO VALLEY COMMUNITY

SERVICES DISTRICT
By:

Name:

Title: City Manager of Moreno Valley and
Executive Director of the Moreno
Valley Community Services District
Date:

ATTEST:

By:

Name:

Title: City Clerk City of Moreno Valley
and Secretary of the Moreno
Valley Community Services District
Date:

APPROVED AS TO LEGAL FORM:

By:

Name: Steven Quintanilla
Title: City Attorney for the City of Moreno
Valley and Legal Counsel for the Moreno
Valley Community Services District
Date:

RECOMMENDED FOR APPROVAL:

By:

Name: Jeremy Bubnick
Title: Parks and Community Services Director
City of Moreno Valley
Date:
[Lessee Execution Page Follows]
339
Business Unit Number: 879906 Cell Site I.D. No.: RV-35-XC-094(D) Cell Site Name: Towngate Park
Address: 13051 Elsworth Street, Moreno Valley, CA 92553 7 This First Amendment is executed by Lessee as of the date first written above.

LESSEE:

STC ONE LLC, a Delaware limited liability
company
By: Global Signal Acquisitions III LLC, a
Delaware limited liability company
Its: Attorney In Fact
By:

Print Name:

Title:

Date:
340
Report to City Council
ID: 26-0342 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of
the Moreno Valley Community Services District (CSD)
FROM: Jeremy Bubnick, Parks & Community Services
Director
AGENDA DATE: October 6, 2026
TITLE: APPROVAL OF THE PARKS & COMMUNITY SERVICES
2027 SPECIAL EVENTS CALENDAR (REPORT OF:

PARKS AND COMMUNITY SERVICES) (DISTRICT: ALL

DISTRICTS)
TITLE SUMMARY: Approval of the Parks & Community Services 2027 Special Events Calendar
DISTRICT: All Districts
Recommendation(s)
That the City Council and CSD:

1. Approve the Parks & Community Services 2027 Special Event Calendar as presented.

SUMMARY
This report was presented to the Parks & Community Services Sub-Committee on September 1st, and they approved it for recommendation to Council to approve the Parks & Community Services 2027 Special Events Calendar as presented.

DISCUSSION
To ensure Council remains well-informed about citywide events, staff has prepared a 341
ID: 26-0342 Page 2
Parks & Community Services Special Events Calendar and upon approval will commence the planning process for the year 2027.

ALTERNATIVES

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

Staff recommends this alternative as it will provide for an effective timeline to plan and execute the 2027 Special Events as proposed.

2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative.

FISCAL IMPACT
There is no direct impact to the General Fund. The budget for the Parks & Community Services 2027 Special Events is part of the previously approved Parks & Community Services budget under Zone A, Fund 5011.

NOTIFICATION
Posting of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Melissa Cortes Jeremy Bubnick
PCS Admin. & Financial Services Division Manager Parks & Community Services Director Concurred By:

Claudia Torres
Special Events Division Manager

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

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.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety
342
ID: 26-0342 Page 3

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
343
ID: 26-0342 Page 4
Report Approval Details
Document
Title:

STAFFREPORT_PCS_PARKS_2027SPECIALEVENTCALENDAR.doc
x
Attachments
:
- 2027 Calendar of Events -Final.pdf
Final
Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Jeremy Bubnick
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
344
# Event Start Time End Time Location
1 Mother and Son Dance 6:30 PM 9:00 PM Conference & Recreation Center 2 Daddy and Daughter Dance 6:30 PM 9:00 PM Conference & Recreation Center 3 Multicultural & Art Festival 2:00 PM 6:00 PM Civic Center Amphitheater 4 Springtastic 9:00 AM 12:00 PM Sunnymead Park
5 Adult Flashlight Egg Scramble 6:30 PM 9:00 PM Lasselle Sports Park 6 Community Day of Service
Feat. Earth Day & Arbor Day 8:00 AM 12:00 PM Shadow Mtn. Prk & Ridgecrest Prk 7 Public Safety Expo 10:00 AM 2:00 PM Civic Center Amphitheater 8 Juneteenth 6:00 PM 10:00 PM Civic Center Amphitheater 9 4th of July Parade 9:30 AM 12:00 PM Beginning at Frederick St. & Alessandro Blvd.
10 4th of July FunFest 3:00 PM 9:30 PM Civic Center Amphitheater 11 Moval Rocks - Concert 7:00 PM 9:00 PM Civic Center Amphitheater 12 Moval Movies - Movie 7:00 PM 9:00 PM Civic Center Amphitheater 13 Moval Rocks - Concert 7:00 PM 9:00 PM Civic Center Amphitheater 14 Moval Movies - Movie 7:00 PM 9:00 PM Civic Center Amphitheater 15 Moval Rocks - Concert 7:00 PM 9:00 PM Civic Center Amphitheater 16 Moval Movies - Movie 7:00 PM 9:00 PM Civic Center Amphitheater 17 Moval Rocks - Concert 7:00 PM 9:00 PM Civic Center Amphitheater 18 Moval Movies - Movie 7:00 PM 9:00 PM Civic Center Amphitheater 19 Moval Rocks - Concert 7:00 PM 9:00 PM Civic Center Amphitheater 20 Moval Movies - Movie 7:00 PM 9:00 PM Civic Center Amphitheater 21 El Grito 6:00 PM 10:00 PM Civic Center Amphitheater
22 Community Day of Service 8:00 AM 12:00 PM Adrienne Mitchell & Morrison Prk/Flight Deck 23 Day of the Dead 6:00 PM 10:00 PM Civic Center Amphitheater 24 Fun Color Run 9:00 AM 11:00 AM Civic Center Amphitheater 25 Snow Day 10:00 AM 5:00 PM Civic Center Amphitheater
26 Holiday Tree Lighting 5:45 PM 7:00 PM City Hall
April
2027 Special Events Calendar
January
February
March
Date
Friday, January 29, 2027
Friday, February 12, 2027
Saturday, March 13, 2027
Saturday, March 20, 2027
October
Sunday, July 4, 2027
Thursday, July 8, 2027
Friday, July 9, 2027
Thursday, July 15, 2027
Friday, July 16, 2027
Thursday, July 22, 2027
Friday, July 23, 2027
Thursday, July 29, 2027
Friday, July 30, 2027
Thursday, August 5, 2027
Friday, August 6, 2027
Wednesday, September 15, 2027
August
September
Saturday, April 3, 2027
Saturday, April 24, 2027
Saturday, May 15, 2027
Sunday, July 4, 2027
May
June
July
Saturday, June 19, 2027
Saturday, October 9, 2027
Friday, October 29, 2027
Saturday, November 13, 2027
Saturday, December 4, 2027
Saturday, December 4, 2027
November
December
345
Report to City Council
ID: 26-0362 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of
the Moreno Valley Community Services District (CSD)
FROM: Jeremy Bubnick, Parks & Community Services
Director
AGENDA DATE: October 6, 2026
TITLE: NAMING OF THE NEW PARK WITHIN SUNSET
CROSSINGS DEVELOPMENT (TRACT 38443) AS
“COTTONWOOD PARK” (REPORT OF: PARKS &
COMMUNITY SERVICES DEPARTMENT) (DISTRICT 3)
TITLE SUMMARY: Approve the Naming of the New 2.4-Acre Park Located Within the Sunset Crossings Development (Tract 38443),
Adjacent to Cottonwood Avenue, as “Cottonwood Park.”
DISTRICT: District 3
Recommendation(s)
That the City Council and Community Services District:

1. Approve the naming of the new 2.4-acre park located within the Sunset Crossings development (Tract 38443), adjacent to Cottonwood Avenue, as “Cottonwood Park.”

SUMMARY
This report recommends approval to name the new park located within the Sunset Crossings development (Tract 38443), adjacent to Cottonwood Avenue, as “Cottonwood Park,” consistent with the City’s Park Naming Policy.
346
ID: 26-0362 Page 2

DISCUSSION
At its September 3, 2026, meeting, the Parks, Community Services, and Trails Commission voted to recommend “Cottonwood Park” to the City Council for approval consistent with the City’s Park Naming Policy. This policy establishes criteria for naming new parks, including consideration of adjacent City streets, schools, and residential developments.

The new 2.4-acre neighborhood park is located within the Sunset Crossings development (Tract 38443) and is adjacent to Cottonwood Avenue. The park's recreational amenities for the surrounding community include a splash pad, restroom building, basketball court, picnic shelter, walking path, and exercise equipment. Based on the park’s location and the City’s Park Naming Policy, the name “Cottonwood Park” is recommended.

ALTERNATIVES

1. Approve the park name recommended by the Parks, Community Services, and Trails Commission. Staff recommends this alternative as it is consistent with the policy.

2. Do not approve the name as recommended and provide direction regarding an alternative name for the park. Staff does not recommend this alternative.

FISCAL IMPACT
There is no fiscal impact.

NOTIFICATION
Posting of the Agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Melissa Cortes Jeremy Bubnick
PCS Administration & Financial Services Division Manager Parks & Community Services Director Concurred By:

Daniel Monto
Parks & Landscape Services Division Manager

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.
347
ID: 26-0362 Page 3

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
348
ID: 26-0362 Page 4
Report Approval Details
Document
Title:

STAFFREPORT_PCS_NEWPARKNAMINGCOTTONWOODPARK_.do
cx
Attachments
:
- Park Naming Policy_2.02.pdf
- Sunset Crossings Tract 38443 Conceptual Plan.pdf
Final
Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Jeremy Bubnick
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
349
City of Moreno Valley General Management
Policy # 2.02

PARK NAMING POLICY
Approved by: City Council
September 3, 1991
Revised June 4, 2019
PURPOSE: The rapid development of the City of Moreno Valley's park system will afford an exciting opportunity to appropriately name each new park/facility that is constructed within our City. To facilitate this process, the following guidelines have been adopted.

POLICY:

I. Approval of Name:

A. Public participation in the name selection process will be encouraged.

B. Proposed names for parks and recreation facilities will be solicited by staff and submitted to the Parks, Community Services and Trails Committee for review and approval.

C. After approval of the Parks, Community Services and Trails Committee, the proposed name(s) will be forwarded to the City Council for final review and approval.

II. Criteria for Selection of Names:

A. The park/facility may be named after a dedicated City street, avenue, or boulevard.

B. The park/facility may be named after a housing tract that the project is located within.

C. If the park/facility is located adjacent to a school site, the park may bear the same name as the school.

D. A park/facility may be named after various significant or historical features that are unique to Moreno Valley, i.e. geographical features, historical events, native birds and/or wildlife, etc.

E. Although there are many fine individuals both living and deceased who have made significant contributions to the development of the City of Moreno Valley, it shall be the policy of the Parks, Community Services and Trails Committee to not consider naming parks in honor of individual persons. Consideration may be given to naming buildings and/or other facilities in honor of individual persons.
350
351
Report to City Council
ID: 26-0365 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: TEMPORARY ROAD CLOSURES FOR THE ST.

CHRISTOPHER PARISH SPECIAL EVENT (REPORT
OF: PUBLIC WORKS) (DISTRICT 3)
TITLE SUMMARY: Approval Of Temporary Road Closures For The St.

Christopher Parish “Visit of the Pilgrimage Of Our Lady Of San Juan De Los Lagos” Special Event Procession Located On Cottonwood Avenue Between Perris Boulevard and
Kitching Street
DISTRICT: District 3
Recommendation(s)
That the City Council:

1. Approve the recommended temporary road closures for the St. Christopher Parish “Visit of the Pilgrimage of Our Lady of San Juan de Los Lagos” special event procession on Cottonwood Avenue between Perris Boulevard and Kitching Street; and

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

SUMMARY
The following report recommends approval of temporary road closures for the St.

Christopher Parish “Visit of the Pilgrimage of Our Lady of San Juan de Los Lagos” special event in Moreno Valley on Friday, October 16, 2026. The closures will be in effect from 5:00 p.m. to 7:00 p.m., with the procession taking place from 6:00 p.m. to 7:00 p.m., 352
ID: 26-0365 Page 2
beginning at St. Christopher Parish and proceeding along Cottonwood Avenue to Kitching Street. This report also seeks authorization for the Moreno Valley Police Department and Public Works Director/City Engineer to implement any necessary adjustments or additional road closures related to the event.

DISCUSSION
St. Christopher Parish, located at 25075 Cottonwood Avenue near the intersection of Perris Boulevard and Cottonwood Avenue, is hosting a special event to honor the “Visit of the Pilgrimage of Our Lady of San Juan de Los Lagos.” This religious and cultural observance features a community procession that reflects a longstanding Catholic devotional tradition associated with the Basilica of San Juan de Los Lagos in Jalisco, Mexico. Similar processions are observed by communities across the United States. The event will bring together walkers, parishioners, and families who will carry religious banners, sing hymns, and pray in a spirit of reverence and unity. The procession will proceed along Cottonwood Avenue to Kitching Street, requiring temporary road closures for the safety of all participants.

Pilgrimage Path of Travel:

Participants will follow an out-and-back route approximately half a mile long each way.

They will gather at St. Christopher Parish before proceeding east along Cottonwood Avenue to the intersection with Kitching Street, near the south lot of Butterfield Elementary School at 13400 Kitching Street. The group will then return to the parish by the same route. To ensure participant safety and minimize traffic disruptions, temporary street closures along the designated route, coordinated with public safety officials, are necessary.

The proposed road closures include:

1. A temporary vehicular closure of Cottonwood Avenue extending from the Perris Boulevard intersection (adjacent to St. Christopher Parish) to the Kitching Street intersection (proximate to Butterfield Elementary's southern parking lot).

The Moreno Valley Police Department will implement these street closures in coordination with the Public Works Department and will redirect traffic as needed. Emergency personnel will have full access to all areas during the temporary closure to ensure timely response to residents.

ALTERNATIVES

1. Approve and authorize the recommendations outlined in this staff report. Staff recommends this alternative because it enables a comprehensive process to guarantee the safety of all participants.

2. Do not approve or authorize the recommendations outlined in this staff report.

Staff does not recommend this alternative, as it would hinder the safe and thorough execution of the process for everyone involved. 353
ID: 26-0365 Page 3

FISCAL IMPACT
The costs associated with the road closure will be absorbed by the adopted Fiscal Year 2026/27 Moreno Valley Police Department operating budget.

NOTIFICATION
Publication of the agenda.

The applicant will notify nearby businesses. The City will post no-parking and roadclosure signage at least 72 hours prior to the event to provide residents with sufficient notice of the temporary street closures.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Seth Jenison, P.E., T.E., PTOE Melissa Walker, P.E.

Principal Transportation Engineer Public Works Director/City Engineer Concurred By: Concurred By:

Harold Zamora, P.E. Sarah Mack
Engineering Division Manager/Assistant City Engineer Chief of Police Concurred By:

Mayra Gonzalez
Public Safety Contracts Administrator

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
354
ID: 26-0365 Page 4
Report Approval Details
Document
Title:

STAFFREPORT_PW_COTTONWOOD_TEMP_ROAD_CLOSURE_.do
cx
Attachments
:
- Pilgrimage TCP Map Overview 2026.pdf
Final
Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
355
Pilgrimage of Our Lady of San Juan de Los Lagos
Traffic Control Plan Overview Map
October 16, 2026 / 1600 – 2000 Hrs.

Legend

1. Staging Area – Butterfield Language Academy South Parking Lot

2. Two Hard Closures – RSO Unit (15 Cones Each)

3. Six Soft Closures – Monitored by Rovers (15 Cones Each)

4. Termination Point – St. Christopher Parish
Staffing
• One Sergeant Supervisor
• 2 Deputies / CSOs with Marked Units
• 4 Roving Motors
356
Report to City Council
ID: 26-0370 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: PURCHASE AGREEMENT FOR 115 KILOVOLT
CIRCUIT BREAKERS (REPORT OF: PUBLIC WORKS)
(DISTRICT: ALL DISTRICTS)
TITLE SUMMARY: Authorization to Award a Purchase Agreement to Walters Wholesale Electric, Inc. for the Purchase of 115 Kilovolt (kV) High Voltage Circuit Breakers
DISTRICT: All Districts
Recommendation(s)
That the City Council:

1. Authorize the award of a purchase agreement to Walters Wholesale Electric, Inc. for the purchase of 115 kV circuit breakers;

2. Authorize the City Manager to execute the agreement with Walters Wholesale Electric, Inc. in the amount of $682,639.10 ($593,599.22 bid amount plus a 15% contingency), subject to approval by the City Attorney;

3. Authorize the issuance of a Purchase Order to Walters Wholesale Electric, Inc. in the amount of $682,639.10, funded by the Moreno Valley Electric Utility’s 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 Walters Wholesale Electric, Inc. within the adopted City Council 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. 357
ID: 26-0370 Page 2

SUMMARY
This report recommends approval of a purchase agreement with Walters Wholesale Electric, Inc. for the purchase of 115 kV circuit breakers. The 115 kV circuit breakers will be used for the City’s Moreno Valley Substation Expansion project. The purchase is funded with Moreno Valley Electric Utility’s Restricted Asset Fund balance and has been approved in the Fiscal Year 2026/2027 Adopted Capital Improvement Plan.

DISCUSSION
Moreno Valley Electric Utility’s (MVU) Distribution System Planning for the Years 2026 through 2030 has identified the expansion of the Moreno Valley Substation as a highpriority project that will improve reliability and operational flexibility of the electric distribution system on the eastern side of the City, as well as accommodate planned commercial, industrial, and residential development projects.

The 115 kV high side circuit breakers are essential to the Moreno Valley’s Substation Expansion project (Project 805 0068). These circuit breakers help protect the 115 kV Moreno Valley substation transformers by physically opening the circuit when the flow of electricity exceeds dangerous levels.

A Request for Proposals (RFP 2026-002) for the 115 kV circuit breakers was advertised through the City’s bid management system, PlanetBids, on February 5, 2026. Three proposals were received and determined to be responsive. The proposals were reviewed and scored by City staff based on the proposers’ qualifications and experience, technical proposal, and cost proposal. Based on the combined evaluation scores, Walters Wholesale Electric, Inc. received the highest overall rating.

The proposers, in order of overall ranking, were:

1. Walters Wholesale Electric, Inc.

2. OneSource Supply Solutions

3. GA Technical Services, Inc.

ALTERNATIVES

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

This alternative will provide for the ultimate, timely construction of MVU’s Moreno Valley Substation Expansion Project. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. This Alternative will result in delaying the timely construction of MVU’s Moreno Valley Substation Expansion project. Staff does not recommend this alternative.

FISCAL IMPACT
This purchase is included in the Fiscal Year 2026/2027 Adopted Capital Improvement Plan (CIP) Budget and will be funded by the Moreno Valley Electric Utility’s Restricted 358
ID: 26-0370 Page 3
Asset Fund (Fund 6011). Funding is included within the following approved CIP projects:

Moreno Valley Substation Upgrade (Project No. 805-0068). There is no impact to the General Fund.

AVAILABLE BUDGET
Project No. 805 0068 – Moreno Valley Substation Upgrade ……………….$14,617,062.71 (GL: 6011-70-80-80005-720199)(Project: 805 0068 6011 99) TOTAL AVAILABLE PROJECT BUDGET................................................$14,617,062.71

ESTIMATED MATERIAL COSTS
115kV Circuit Breakers (includes 15% contingency) .................................... $682,639.10

NOTIFICATION
Posting of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Francisco Sanchez, P.E. Melissa Walker, P.E.

Associate Electrical Engineer Public Works Director/City Engineer Concurred By:

Jason Niccoli, P.E.

Electric Utility Division Manager

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

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
Objective 1.6: Establish Moreno Valley as the worldwide model in logistics development.

Objective 4.5: Explore green/renewable innovations and technologies for new developments such as the World Logistics Center.
359
ID: 26
-0370 Page 4
360
ID: 26-0370 Page 5
Report Approval Details
Document Title: STAFFREPORT_PW_MVU_115 KV BREAKERS.docx Attachments: - Location Map - Moval Substation Expansion.pdf - Purchase Agreement_Walters Wholesale.pdf
Final Approval Date: Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
361
Cottonwood St Moreno Beach Drive

VICINITY MAP

PROPOSED LOCATION OF MOVAL SUBSTATION EXPANSION
Public Works Department
Electric Utility Division

LOCATION MAP

VICINITY MAP
NORTH

NOT TO SCALE
362
Purchase Agreement – Rev 7-30-26

City of Moreno Valley

PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (“Agreement”) is made and entered into this _________ day of ___________, 2026 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City” (“Buyer”), and Walters Wholesale Electric Inc., a California Corporation, (“Seller”), with Buyer and Seller together sometimes hereinafter referred to as the “Parties.”
RECITALS:

WHERAS, Seller will manufacture and deliver High Voltage Circuit Breakers (“Goods”), as described in Exhibit “A,” attached hereto and incorporated herein by this reference; and WHEREAS, Buyer is in need of Goods for use for the Moreno Valley Substation Expansion project, within the City of Moreno Valley, California; and WHEREAS, Seller desires to sell, and Buyer desires to purchase, the Goods, upon the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the covenants, conditions and promises contained herein and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

Section 1. Recitals
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. Purchase, Sale, Delivery of Goods
Seller shall sell and deliver to Buyer at the address specified in Exhibit “A” or as otherwise directed in writing by Buyer, and Buyer shall purchase from Seller, the Goods, for the price of five hundred forty-eight thousand six hundred twenty-four Dollars and twenty two Cents ($548,624.22) plus forty-four thousand nine hundred seventy-five Dollars and zero Cents ($44,975.00) for sales tax (8.75%), for a total of five hundred ninety-three thousand five hundred ninety-nine Dollars and twenty-two Cents ($593,599.22). (“Purchase Price”).

Section 3. Invoice; Inspection; Payment
a. Seller shall invoice the Buyer for the Goods in an amount not to exceed the Purchase Price within seven (7) days of delivery of the Goods to Buyer. 363
Purchase Agreement – Rev 7-30-26

b. After delivery, Buyer shall inspect the Goods within a reasonable time not to exceed thirty (30) days and provide written notice to the Seller specifying any defects or other objection, unless Buyer intends to accept the Goods in whole, in which case no notice will be necessary. Acceptance of the Goods, whether in whole or in part, shall not be deemed a waiver of any defects identified by the Buyer, nor any defects later discovered by the Buyer, and specified to the Seller in writing.
c. After Buyer has inspected the Goods, Buyer shall pay Seller the Purchase Price, in whole or in part as appropriate, for those Goods accepted under this Agreement. d. Title to Goods or any portion thereof and risk of loss or damage during shipment pass from Seller to Buyer upon delivery to Buyer’s address listed in Section 9 of this Agreement and acceptance thereof by Buyer.

Section 4. Remedy for Defective Goods
a. Seller agrees that if there is any defect in the Goods, as determined in Buyer’s sole and absolute discretion, and upon written notice thereof given to Seller, Seller shall replace the defective Goods without delay or cost to the Buyer. In the event of Seller’s failure to replace the Goods within ten (10) calendar days after being notified of such defects and diligently pursue such correction to completion, Buyer is hereby authorized to contract with another party for the repair or replacement of the defective Goods, and Seller shall reimburse Buyer for all such costs immediately upon demand. b. This section does not in any way limit Buyer’s remedies pursuant to Code of Civil Procedure Section 337, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period. No manufacturer's guarantee period shall in any way limit the liability of Seller under the indemnity provisions of this Agreement.

Section 5. Seller’s Representations and Warranties
Seller hereby makes the following representations, warranties, and acknowledgments, and agrees that such representations, warranties and acknowledgments shall be true as of the Effective Date:
a. Seller, and the person executing this Agreement on behalf of Seller, has the full right, power and authority to enter into this Agreement and to take all actions required of Seller by the terms of this Agreement.
b. The Goods provided to Buyer shall be free from all defects, liens, encumbrances or adverse claims and are of good quality and fit for the purpose and use intended herein. c. All documents executed by Seller pursuant to this Agreement will be duly authorized, executed and promptly delivered to Buyer, and will be legal, valid and binding obligations 364
Purchase Agreement – Rev 7-30-26

enforceable against Seller and will not violate any provisions of any agreement to which Seller is a party or to which it is subject.

Section 6. Buyer’s Representations and Warranties
Buyer hereby makes the following representations, warranties, and acknowledgments, and agrees that such representations, warranties and acknowledgments shall be true as of the Effective Date:
a. Buyer, and the person executing this Agreement on behalf of Buyer, has the full right, power and authority to enter into this Agreement and to take all actions required of Buyer by the terms of this Agreement.
b. All the documents executed by Buyer pursuant to this Agreement will be duly authorized, executed and promptly delivered by Buyer, and will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and will not violate any provisions of any agreement to which Buyer is a party or to which it is subject.

Section 7. Indemnification Obligations of Seller
Seller shall defend, indemnify, and hold Buyer harmless from, any and all losses, claims, expenses, costs, causes of action or obligations (including reasonable attorneys fees) to the extent arising from (i) Seller’s negligent acts, omissions or willful misconduct, (ii) Seller's ownership or possession of the Goods during any period ending on or prior to delivery and acceptance by Buyer, (iii) Seller’s replacement of the Goods or any part thereof pursuant to this Agreement, and (iv) Seller's breach of any of its representations, warranties or covenants under this Agreement, and (v) any claim that the Goods or any component thereof infringe upon the intellectual property rights of any third party.

Section 8. Civil Code Section 1542 Waiver
Seller expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Seller further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
365
Purchase Agreement – Rev 7-30-26

Section 9. General Provisions
a. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter contained herein, and supersedes any prior agreement and understanding, either written or oral, about the subject matter hereof. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. This Agreement may only be modified or amended by a written instrument executed by the Parties.
b. Time is of the Essence. Time is of the essence of this Agreement. c. Headings. The subject headings of the sections and paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
d. Termination. Buyer may terminate this Agreement for any reason whatsoever, prior to delivery of the Goods and Buyer’s payment of the Purchase Price as set forth herein. In the event of such termination, Seller shall refund to Buyer any amounts previously paid, less Seller’s reasonable, documented costs incurred prior to the date of termination for materials procured and work performed that cannot reasonably be repurposed. After delivery and acceptance of the Goods, the purchase of the Goods shall be subject to the warranty and defect remedy provisions of this Agreement. e. Modifications and Amendments. This Agreement may be modified or amended only by a written document executed by both Buyer and Seller and approved as to form by Buyer’s City Attorney.
f. Notices.

1. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

Seller:

Walters Wholesale Electric, Inc
200 N. Berry Street
Brea, CA 92821
Attn: Chris Noack
City:

City of Moreno Valley
366
Purchase Agreement – Rev 7-30-26

14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Jason Niccoli, Electric Utility Division Manager – Public Works

2. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
g. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed to constitute evidence of the Agreement having been executed.
h. Successors and Assigns. Each covenant and condition contained in this Agreement shall inure to the benefit of and be binding on the parties to this Agreement and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement shall be non-assignable without the express written consent of Buyer.
i. Further Assurances. The Parties agree to cooperate with each other and to execute, deliver and record such other agreements and documents and to take such other actions as are reasonably necessary or helpful to more effectively consummate the transaction(s) contemplated under this Agreement and to carry out its purpose and intent. Upon reasonable notice, Seller shall provide Buyer with reasonable access to, and allow it to copy, any books and records concerning the Goods as are in Seller’s possession or control. j. Attorneys’ Fees; Costs of Litigation. If any legal action or any other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled, including the fees and costs incurred in enforcing any judgment which may be obtained in said action.
k. Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement, shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Seller’s breach any of its warranties, or the discovery that any of Seller’s representations are not true in every respect, shall also be deemed a breach of 367
Purchase Agreement – Rev 7-30-26

this Agreement by Seller. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
l. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
m. Non-Liability of Officials and Employees of Buyer. No member, official or employee of Buyer shall be personally liable to Seller, either individually or jointly, or any of Seller’s successors-in-interest, in the event of any default or breach by Buyer for any amount which may become due to Seller or any of Seller’s successors, or on any obligations under the terms of this Agreement.
n. Interpretation. As used in this Agreement, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation,” where it is contextually appropriate. This Agreement shall be interpreted as though prepared jointly by the Parties.
o. Legal Advice. The Parties represent and warrant to the other party the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel, as to the matters set forth in this Agreement, or, have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. p. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
q. Force Majeure. Neither Buyer nor Seller will be held liable for failure to fulfill its obligations hereunder if such failure is due to a Force Majeure Event. A “Force Majeure Event” means, but is not limited to, an act of war; domestic and/or international terrorism; civil riots or rebellions; quarantines, pandemics or epidemics; embargoes, state or national states of emergencies, and other similar unusual governmental actions; or extraordinary elements of nature or acts of God; provided that such Force Majeure Event is beyond the excused Party’s reasonable control, occurs without the excused Party’s reasonable control, occurs without the excused Party’s fault or negligence, is not caused directly or indirectly by the excused Party and could not have been prevented or avoided by the excused Party’s reasonable diligence. The affected Party shall provide prompt written notice to the other 368
Purchase Agreement – Rev 7-30-26

Party of the Force Majeure Event and shall use reasonable efforts to mitigate the effects of such event.

SIGNATURE PAGE TO FOLLOW
369
Purchase Agreement – Rev 7-30-26

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

City of Moreno Valley Walters Wholesale Electric, Inc
BY: BY:

City Manager
TITLE: ______
_____________________________________ (President or Vice President) Date
BY: ______
TITLE:
______
(Corporate Secretary)

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Department Head
Date
370
Report to City Council
ID: 26-0377 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: AUTHORIZATION OF ADDITIONAL CONTINGENCY TO

THE CORNERSTONECC CONTRACT TO INSTALL

ELECTRIC VEHICLE CHARGERS AT THE MORENO

VALLEY CIVIC CENTER AMPHITHEATER (REPORT
OF: PUBLIC WORKS) (DISTRICT 1)
TITLE SUMMARY: Authorization Of Additional Contingency To The CornerstoneCC Contract To Install Electric Vehicle Chargers At The Moreno Valley Civic Center Amphitheater, Project Number 805 0081
DISTRICT: District 1
Recommendation(s)
That the City Council:

1. Authorize the City Manager to increase the CornerstoneCC contract contingency amount for Project 805 0081 by $29,841.20 to a total amount of $179,047.20 (original authorized contract amount of $149,206 plus 20% contingency). Funded by the Moreno Valley Electric Utility’s Restricted Assets Fund (6011);

2. Authorize a change order to the purchase order amount for CornerstoneCC for Project Number 805 0081 to the total amount of $179,047.20, once the construction change order has been executed by all parties; and

3. Authorize the City Manager or his designee to execute any subsequent construction change orders to the Contract with CornerstoneCC that are necessary to complete the 371
ID: 26-0377 Page 2
project, including issuing additional purchase orders, up to the annual project budget as previously approved by the City Council, subject to the approval of the City Attorney.

SUMMARY
The intent of this report is to recommend approval of an additional 20% of contingency, which will add $29,841.20 to cover anticipated construction costs resulting from field conditions associated with the construction of electric vehicle chargers at the Moreno Valley Civic Center Amphitheater. The additional contingency amount will increase the total contract to $179,047.20. The project is funded by Moreno Valley Electric (MVU) restricted fund balance and has been approved in the Fiscal Year 2025/2026 Adopted Capital Improvement Plan.

DISCUSSION
As the City expands its electric fleet, several capital improvement projects are needed to support vehicle charging infrastructure. The Electric Vehicle (EV) Charging Project at the Moreno Valley Civic Center Amphitheater will install EV chargers in the Amphitheater parking to provide charging solutions for the City’s electric fleet to accommodate the growing number of EV owners in the community.

The initial agreement with CornerstoneCC was approved for $149,206 to fund the project’s construction costs. During construction, utility lines were discovered in locations that differed from those shown on the as-built plans. Additionally, an existing drain line conflicted with the proposed transformer location. As a result, the transformer was relocated several feet to avoid the drain line, which required additional materials and increased construction costs.

The additional work also included replacing deteriorated Americans with Disabilities Act (ADA) and EV parking signs and restriping the accessible EV charging stalls to improve the condition and visibility of the signs and pavement markings.

These improvements, in coordination with the EV charger installation, will enhance the condition and appearance of the parking area and facilitate the project’s completion.

ALTERNATIVES

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

This will allow for the timely construction of the EV charging stations in the Moreno Valley Civic Center Amphitheater parking lot. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the timely construction of this project and slow the growth of electric vehicle charging infrastructure in the City. Staff does not recommend this alternative.

FISCAL IMPACT
The EV Charger Project is included in the Fiscal Year 2025/2026 and 2026/2027 Adopted 372
ID: 26-0377 Page 3
Capital Improvement Plan Budget and is funded by the Moreno Valley Electric Utility’s Restricted Asset Fund (6011). The fund has sufficient budget to cover the $29,841.20 increase in construction costs without impacting the General Fund.

NOTIFICATION
Posting of the Agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Giovanny Felix Melissa Walker, P.E.

Assistant Electrical Engineer Public Works Director/City Engineer Concurred By:

Jason Niccoli, P.E.

Electric Utility Division Manager

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

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
Objective 4.6: Advance the development of a well-connected and balanced citywide transportation network that serves all modes.

Objective 4.7: Demonstrate innovative and industry leading transportation systems. 373
ID: 26-0377 Page 4
Report Approval Details
Document
Title:

STAFFREPORT_PW_MVU_AMPHITHEATER_EV_CO.docx
Attachments: - Location Map.pdf
Final Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
374

LOCATION MAP
Moreno Valley Utility EV Charging Ampitheatre Parking Lot Project No. 805 0081
Public Works Department
Electric Utility Division

LOCATION MAP

VICINITY MAP
NORTH

NOT TO SCALE
NORTH

NOT TO SCALE
375
Report to City Council
ID: 26-0376 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: AUTHORIZATION OF ADDITIONAL CONTINGENCY TO

THE CORNERSTONECC CONTRACT TO INSTALL

ELECTRIC VEHICLE CHARGERS AT THE CITY HALL
FLEET CAGE (REPORT OF: PUBLIC WORKS)
(DISTRICT 1)
TITLE SUMMARY: Authorization Of Additional Contingency To The CornerstoneCC Contract To Install Electric Vehicle Chargers At The City Hall Fleet Cage, Project Number 805 0083
District 1
Recommendation(s)
That the City Council:

1. Authorize the City Manager to increase the CornerstoneCC contract contingency amount for Project 805 0083 by $139,683 to a total amount of $838,098 (original authorized contract amount of $698,415 plus 20% contingency). Funded by the Moreno Valley Electric Utility’s Restricted Assets Fund (6011);

2. Authorize a change order to the purchase order amount for CornerstoneCC for Project Number 805 0083 to the total amount of $838,098, once the construction change order has been executed by all parties; and

3. Authorize the City Manager or his designee to execute any subsequent construction change orders to the Contract with CornerstoneCC that are necessary to complete the 376
ID: 26-0376 Page 2
project, including issuing additional purchase orders, up to the annual project budget as previously approved by the City Council, subject to the approval of the City Attorney.

SUMMARY
The intent of this report is to recommend approval of an additional 20% of contingency, which will add $139,683 to cover anticipated construction costs resulting from field conditions associated with the construction of electric vehicle chargers at the City Hall fleet vehicle parking cage. The additional contingency amount will increase the total contract amount to $838,098. The project is funded by the Moreno Valley Electric Utility restricted fund balance and has been approved in the Fiscal Year 2025/2026 Adopted Capital Improvement Plan.

DISCUSSION
As the City expands its electric fleet, several capital improvement projects are needed to support vehicle charging infrastructure. The electric vehicle (EV) chargers at the City Hall Fleet Cage Project will enable Moreno Valley Electric Utility (MVU) to provide convenient charging solutions for the City’s electric fleet.

The initial contract budget with CornerstoneCC was approved for up to $698,415 to fund the project’s construction costs. During construction, field conditions along the proposed trench route necessitated design adjustments to accommodate existing infrastructure and preserve landscaping near City Hall.

Site requirements led to revisions of the proposed trench alignment to preserve the existing landscape plant material near City Hall. The existing utility and irrigation lines were also encountered in locations different from those shown on the as-built plans, necessitating further adjustments and increasing costs. The revised route required additional conduit, wire, underground structures, and asphalt removal and replacement, increasing total construction costs. Additional expenses arose from equipment and installation changes needed to comply with the manufacturer's warranty requirements.

The revised scope also included slurry sealing and restriping the fleet cage parking lot to address pavement deterioration and restore parking markings affected by the redesign.

These improvements, in coordination with the EV charger installation, will enhance the condition and appearance of the parking area and facilitate the project’s completion.

ALTERNATIVES

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

This will allow for the timely construction of the EV charging stations in the fleet vehicle cage at City Hall. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. This would not allow for the timely construction of the project. Staff does not recommend this alternative.

FISCAL IMPACT
377
ID: 26-0376 Page 3
The City Hall Fleet Cage Project is included in the Fiscal Year 2025/2026 and 2026/2027 Adopted Capital Improvement Plan Budget and is funded by the Moreno Valley Utility’s Restricted Asset Fund (6011). The fund has sufficient budget to cover the $139,683 increase in construction costs without impacting the General Fund.

NOTIFICATION
Posting of the Agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Giovanny Felix, E.I.T. Melissa Walker, P.E.

Assistant Electrical Engineer Public Works Director/City Engineer Concurred By:

Jason Niccoli, P.E.

Electric Utility Division Manager

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

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
Objective 4.6: Advance the development of a well-connected and balanced citywide transportation network that serves all modes.

Objective 4.7: Demonstrate innovative and industry leading transportation systems. 378
ID: 26-0376 Page 4
Report Approval Details
Document Title: STAFFREPORT_PW_MVU_CITY_HALL_EV_CO.docx Attachments: - Location Map.pdf
Final Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
379
tribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © Mapbox © 2026 TomTom © 2026 Zenrin

LOCATION MAP
Moreno Valley Utility EV Charging City Hall Fleet
Project No. 805 0083
Public Works Department
Electric Utility Division

LOCATION MAP

VICINITY MAP
380
Report to City Council
ID: 26-0378 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: AUTHORIZATION TO AWARD A CONSTRUCTION

AGREEMENT FOR THE BAY AVENUE SIDEWALK

IMPROVEMENTS (COMMUNITY DEVELOPMENT
BLOCK GRANT) (REPORT OF: PUBLIC WORKS)
(DISTRICT 1)
TITLE SUMMARY: Authorization To Award A Construction Agreement To L.C.

Paving & Sealing Inc. For Bay Avenue Sidewalk
Improvements (Community Development Block Grant)
Project Number 801 0111
DISTRICT: District 1
Recommendation(s)
That the City Council:

1. Find the Bay Avenue Sidewalk Improvements (Community Development Block Grant) project exempt from the Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines and Section 5.1.2 of the City's Rules and Procedures for CEQA implementation;

2. Award a construction agreement to L.C. Paving & Sealing Inc. for the Bay Avenue Sidewalk Improvements (Community Development Block Grant);

3. Authorize the City Manager to execute the agreement with L.C. Paving & Sealing Inc. in the amount of $1,179,907.75, funded by the Community Development Block Grant (Fund 2512) funds;
381
ID: 26-0378 Page 2

4. Authorize the issuance of a purchase order to L.C. Paving & Sealing Inc. in the amount of $1,415,889.30 (bid amount plus 20% contingency) once all parties have signed the agreement;

5. Authorize the City Manager, or his or her designee, to execute any subsequent change orders to the agreement with L.C. Paving & Sealing Inc. up to the purchase order amount necessary to complete the project, subject to the approval of the City Attorney; and

6. Approve an Amendment to the Adopted FY 2025/26 & 2026/27 Capital Improvement Plan (CIP) to incorporate the proposed project changes and associated budget adjustments; and

7. Authorize budget adjustment as set forth in the fiscal impact section of this report.

SUMMARY
This staff report recommends awarding a construction agreement to L.C. Paving & Sealing Inc. for the Bay Avenue Sidewalk Improvements Project (Project No 801 0111).

The project is funded by the Community Development Block Grant (Fund 2512). The proposed improvements will enhance pedestrian safety and accessibility for residents and the public traveling along Bay Avenue between Grant Street and Day Street.

DISCUSSION
The Bay Avenue Sidewalk Improvements Project, located on Bay Avenue between Grant Street and Day Street, aims to significantly improve pedestrian connectivity and accessibility along this arterial roadway segment. The project will construct new sidewalks and related enhancements along both sides of Bay Avenue, creating a continuous pedestrian path and increasing accessibility along this corridor.

Additional improvements will include curbs and gutters, upgraded driveway approaches, drainage upgrades, access ramps, and pavement widening to support the new sidewalks.

Since the project’s location is within the federal Community Development Block Grant (CDBG) Program’s eligible Census Tract area, the City can leverage CDBG funding for these improvements. These improvements will enhance pedestrian safety and establish a continuous pedestrian corridor along this segment of Bay Avenue.

The design phase of the project was completed in July 2026. The project was advertised for construction bids on July 29, 2026. Twelve (12) bids were received via the City’s electronic bid management system, PlanetBids, on August 26, 2026, as follows:

Contractors Bid Amount

1. L.C. Paving & Sealing Inc. $1,179,907.75

2. LCR Earthwork & Engineering, Corp. $1,419,124.00

3. Van Engineering Inc. $1,490,557.00

4. Vido Samarzich, Inc. $1,667,749.00

5. Marjani Builders, Inc. $1,766,912.50

6. Onyx Paving Company Inc. $1,773,000.00
382
ID: 26-0378 Page 3

7. All American Asphalt $1,862,360.00

8. TVR Construction Engineering LLC $1,889,167.81

9. Global Builders Inc. $1,998,888.00

10. PUB Construction Inc. $2,025,423.26

11. Marin Concrete Construction, Inc. $2,110,765.00

12.CT&T Concrete Paving Inc. $2,923,869.00
The lowest responsible bidder was determined by comparing the cumulative total for all bid items as stipulated in the bidding documents. Staff reviewed the bid from L.C. Paving & Sealing Inc. and found it to be the lowest responsive and responsible bidder in possession of a valid license and bid bond. Reference checks provided by the bidder revealed no outstanding issues. Therefore, staff recommends awarding an agreement to L.C. Paving & Sealing Inc. in the amount of $1,179,907.75 and authorizing the issuance of a purchase order in the amount of $1,415,889.30, which includes the bid amount plus a 20% contingency to construct these much-needed street improvements. The contingency is recommended to account for latent or unforeseen circumstances that may arise during construction.

ENVIRONMENTAL REVIEW
The Community Development Department’s Planning Division determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines and Section 5.1.2 of the City’s Rules and Procedures for the Implementation of CEQA.

ALTERNATIVES

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

This alternative will provide for the timely construction of the Bay Avenue Sidewalk Improvements. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative, as it will delay the construction of much-needed improvements and may result in a loss of CDBG grant funding and higher future construction costs.

FISCAL IMPACT
The Bay Avenue Sidewalk Improvements Project (801 0111) is funded through Community Development Block Grant (CDBG) funds (Fund 2512). In FY 2024/25, $1,225,977.00 was awarded to this project, and as of FY 2026/27 there is a remaining available budget of $1,065,337.00. Due to costs savings from the Sherman Avenue Sidewalk Improvements Project (801 0119), an additional $500,000 in CDBG funding will be reallocated to this project. Thereby increasing the remaining available budget for Bay Avenue Sidewalk Improvements Project to $1,565,337.00.
383
ID: 26-0378 Page 4
Description Fund GL Account No. Type
(Rev/Exp)
FY 2026-27
Budget
Proposed
Adjustment
FY 2026/27
Amended
Budget
CIP 2512 2512-99-99-92512-485000
801 0119-2512-98
Rev $1,132,964.00 (500,000.00) $632,964.00
CIP 2512 2512-70-77-80001-720199
801 0119-2512-99 Exp $1,116,693.00 (500,000.00) $616,693.00 CIP 2512 2512-99-99-92512-485000
801-0111-2512-98
Rev $1,086,008.00 $500,000.00 $1,586,008.00
CIP 2512 2512-70-77-80001-720199
801-0111-2512-99 Exp $1,065,337.00 $500,000.00 $1,565,337.00

AVAILABLE BUDGET
Community Development Block Grant (Fund 2512)
(Account 2512-70-77-80001-720199) (Project No. 801 0111-2512-99).... $1,565,337.00

ESTIMATED CONSTRUCTION COSTS
Construction (including 20% contingency) ................................................ $1,415,889.00 Geotechnical and Material Testing................................................................. $50,000.00 Community Workforce Program Administration Services............................... $10,000.00 City Staff Project Administration and Inspection............................................. $89,448.00 Estimated Construction Cost Total: $1,565,337.00

ANTICIPATED PROJECT SCHEDULE
Construction is planned to start in Fall 2026, after all pre-construction documentation has been provided and approved by the City. The project is expected to finish in early Spring 2027, unless there are delays caused by weather or unforeseen site conditions.

NOTIFICATION
Prior to construction, business owners, schools, utilities, adjacent property owners, law enforcement, fire department, churches, public transportation, and other emergency service responders in the area will be notified in a timely manner of the proposed construction and roadway closures.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Khari Kinermon, T.E. Melissa Walker, P.E.

Associate Engineer II Public Works Director/City Engineer Concurred By: Concurred By:

Quang Nguyen, P.E. Harold Zamora, P.E.

Capital Projects Principal Engineer Engineering Division Manager, Asst City Engineer

CITY COUNCIL GOALS
384
ID: 26-0378 Page 5
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.

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
385
ID: 26-0378 Page 6
Report Approval Details
Document
Title:

STAFFREPORT_PW_CP_BAY_AVE_SIDEWALK_801_0111.docx
Attachments: - Location Map.pdf
- Draft Agreement_L C Paving andSealing Inc_Project No 801 0111.pdf
Final
Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
386
387
City of Moreno Valley
Project No. 801 0111
Standard Form of Agreement
00500-1
2246371.3
Agreement No.

AGREEMENT
PROJECT NO. 801 0111
BAY AVENUE SIDEWALK IMPROVEMENTS (CDBG FY 24/25)
This Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2026 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and L.C. Paving & Sealing Inc. , hereinafter referred to as “Contractor.” That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. CONTRACT DOCUMENTS. The Contract Documents consist of the following, which are incorporated herein by this reference:

A. This Agreement
B. Any and all Contract Change Orders and Construction Change Directives issued after execution of this Agreement
C. Addenda Nos. 1 and 2 inclusive, issued prior to the Bid Deadline D. Federal Provisions and Requirements
E. Any Federal Certifications, documentation, and reports as required, including, but not limited to, Contractor’s Certification on Federal Contract Requirements, Certification of Nonsegregated Facilities, Certification of Equal Employment Opportunity, Certification on Good Faith Efforts Regarding Minority Based Enterprise (MBE) and Women Based Enterprise (WBE), Race and Ethnic Data Reporting Form F. City of Moreno Valley Supplementary General Conditions, if any G. The bound Contract Documents that include City Special Provisions, General Provisions, and Technical Provisions
H. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions I. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
J. Project Plans
K. City Standard Plans
L. Caltrans Standard Plans
M. SPPWC Standard Plans
N. Western Municipal Water Department Standard Plans
O. Governmental approvals, including, but not limited to, permits required for the Work P. Contractor’s Labor and Materials Payment Bond (for reference only) Q. Contractor’s Faithful Performance Bond (for reference only) R. Contractor’s Certificates of Insurance and Additional Insured Endorsements S. Contractor’s Bid Schedule, Bidder’s Proposal, Subcontractor List, and Material Supplier Listing
388
City of Moreno Valley
Project No. 801 0111
Standard Form of Agreement
00500-2
2246371.3
In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.

In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.

2. REFERENCE DOCUMENTS. The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes:

A. Geotechnical Investigation Report (dated April 16, 2025)

3. SCOPE OF WORK. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work described in the Contract Documents, except as otherwise provided in the Plans, Standard Specifications, or City Special Provisions to be the responsibility of others.

4. PAYMENT.

4.1. Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, the City shall pay Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items and Additive Alternate Bid Items, if any, set forth the Bid Schedule submitted with the Bid. The sum of the unit prices and lump sum prices for the Base Bid Items and Additive Alternate Bid Items awarded by the City is One Million One Hundred Seventy Nine Thousand Nine Hundred Seven and 75/100 Dollars ($1,179,907.75) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bid Schedule for which unit prices are fixed are estimates only and that City will pay and Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bid Schedule multiplied by the actual number of units performed, constructed, or completed as directed and measured by the City Engineer.

4.2. Payment Procedures. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the City Special Provisions.

5. CONTRACT TIME.

A. Contract Time. The Contract Time shall be determined in accordance with the following:

Base Bid 50 Working Days
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Additive Alternate 1 Bid 30 Working Days
Total 80 Working Days
B. Initial Notice to Proceed. After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials constitutes the date of commencement of the Contract Time of Eighty (80) Working Days for Base Bid plus Additive Alternate Bid 1. The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order of materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders).

The Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials shall further specify that Contractor must complete the preconstruction requirements and order materials within Twenty Five (25) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.

Preconstruction requirements include, but are not limited to, the following:
 Submitting and obtaining approval of Traffic Control Plans  Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
 Submitting and obtaining approval of critical required submittals  Installation of the approved Project Identification Signs  Obtaining an approved no fee Encroachment Permit
 Obtaining a Temporary Use Permit for a construction yard  Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents If the City’s issuance of a Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials is delayed due to Contractor’s failure to return the fully executed Agreement and insurance and bond documents within ten (10) Working Days after Contract award, then Contractor agrees to the deduction of one (1) Working Day from the number of days to complete the Project for every Working Day of delay in the City’s receipt of said documents. This right is in addition to and does not affect the City’s right to demand forfeiture of Contractor’s Bid Security if Contractor persistently delays in providing the required documentation.

C. Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

6. LIQUIDATED DAMAGES AND CONTROL OF WORK.

6.1. Liquidated Damages. The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to complete the Work within the Contract Time, which includes the time necessary to fulfill preconstruction requirements, place 390
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the order of materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders) in accordance with Article 5 above. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85 and in Public Contract Code Section 7203. Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadlines for completion of the Work and will not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.

In the event that Contractor fails to complete the Work within the Contract Time, Contractor agrees to pay the City $500.00 per Calendar Day that completion of the each such portion of the Work is delayed beyond the Contract Time. The Contractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of portions of the Work. The Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.

It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the City.

Liquidated damages are owed automatically and without notice of any kind upon the accrual of each day of delay. City may at any time deduct liquidated damages as are payable hereunder from money due or to become due to Contractor, or pursue any other legal remedy to collect such liquidated damages from Contractor and/or its Surety. Neither the City's failure or delay in deducting liquidated damages from payments otherwise due Contractor, nor City's failure or delay in notifying Contractor of the accrual of liquidated damages, shall be deemed a waiver of City's right to liquidated damages.

City's rights under this Section shall not be interpreted as precluding or limiting: (1) any right or remedy of City arising from an event of Contractor default other than a failure to complete the Work within the Contract Time; or (2) City's right to order an acceleration, at Contractor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue liquidated damages. The availability of liquidated damages shall not limit City's right to terminate the Contractor’s performance and accrual and/or assessment of liquidated damages does not constitute a waiver of such rights.

6.2. Owner is Exempt from Liability for Early Completion Delay Damages. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an 391
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adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay. See Section 6-4 of the Standard Specifications and City Special Provisions regarding compensation for delays.

6.3. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in Section 3-5 of the City Special Provisions.

7. INSURANCE.

7.1. General. The Contractor shall procure and maintain at its sole expense and throughout the term of this Agreement, any extension thereof, Commercial General Liability, Automobile Liability, and Workers’ Compensation Insurance with such coverage limits as described herein.

7.2. Additional Insured Endorsements. The Contractor shall cause the insurance required by the Contract Document to include the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers and representatives as an additional insureds. For the Commercial General Liability coverage, said parties shall be named as additional insureds utilizing either:

1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or

2. ISO Additional Insured endorsement CG 20 10 (10/01) and Additional Insured Completed Operations endorsement CG 20 37 (10/01); or

3. Substitute endorsements providing equivalent coverage, approved by the City.

The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. Coverage for such additional insureds does not extend to liability to the extent prohibited by Insurance Code Section 11580.4.

7.3. Waivers of Subrogation. All policies of insurance required by the Contract Documents shall include or be endorsed to provide a waiver by the insurers of any rights of recovery or subrogation that the insurers may have at any time against the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives.

7.4. Primary Coverage. All policies and endorsements shall stipulate that the Contractor’s (and the Subcontractors’) insurance coverage shall be primary insurance as respects 392
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the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives, and shall be excess of the Contractor’s (and its Subcontractors’) insurance and shall not contribute with it.

7.5. Coverage Applies Separately to Each Insured and Additional Insured.

Coverage shall state that the Contractor’s (and its Subcontractors’) insurance shall apply separately to each insured or additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall apply to any claim or suit brought by an additional insured against a named insured or other insured.

7.6. Self-Insurance. Any self-insurance (including deductibles or self-insured retention in excess of $50,000) in lieu of liability insurance must be declared by Contractor and approved by the City in writing prior to execution of the Agreement. The City’s approval of selfinsurance, if any, is within the City’s sole discretion and is subject to the following conditions:

1. Contractor must, at all times during the term of the Agreement and for a period of at least one (1) year after completion of the Project and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions, maintain and upon Owner’s reasonable request provide evidence of:
(a) Contractor’s “net worth” (defined as “total assets” [defined as all items of value owned by the Contractor including tangible items such as cash, land, personal property, and equipment, and intangible items such as copyrights and business goodwill]) minus total outside liabilities must be reflected in a financial statement for the prior fiscal year reflecting sufficient income and budget for Contractor to afford at least one loss in an amount equal to the amount of self-insurance;
(b) Financial statements showing that Contractor has funds set aside/budgeted to finance the self-insured fund (i.e., Contractor has a program that fulfills functions that a primary insurer would fill); and (c) A claims procedure that identifies how a claim is supposed to be tendered to reach the financing provided by the self-insured fund.

2. If at any time after such self-insurance has been approved, the Contractor fails to meet the financial thresholds or otherwise fails to comply with the provisions set forth in this Paragraph 7, at the option of the City:
(a) The Contractor shall immediately obtain and thereafter maintain the third party insurance required under this Paragraph 7 and otherwise on the terms required above; or
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(b) The insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the City, its officers, officials, employees, and volunteers; or
(c) The Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses.

7.7. Insurer Financial Rating. Insurance companies providing insurance hereunder shall be rated A-VII or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.

7.8. Notices to City of Cancellation or Changes. Each insurance policy described in this Paragraph 7 shall contain a provision or be endorsed to state that coverage will not be cancelled without thirty (30) days’ prior written notice by certified or registered mail to the City (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to the City), except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. If an insurance carrier cancels any policy or elects not to renew any policy required to be maintained by Contractor pursuant to the Contract Documents, Contractor agrees to give written notice to the City at the address indicated on the first page of the Agreement. Contractor agrees to provide the same notice of cancellation and non-renewal to the City that is required by such policy(ies) to be provided to the First Named Insured under such policy(ies). Contractor shall provide confirmation that the required policies have been renewed not less than seven (7) days prior to the expiration of existing coverages and shall deliver renewal or replacement policies, certificates and endorsements to the City Clerk within fourteen (14) days of the expiration of existing coverages. Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City Clerk copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.

7.9. Commercial General Liability. Coverage shall be written on an ISO Commercial General Liability “occurrence” form CG 00 01 (10/01 or later edition) or equivalent form approved by the City for coverage on an occurrence basis. The insurance shall cover liability, including, but not limited to, that arising from premises operations, stop gap liability, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The policy shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 (11/85). Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground (x, c, u) property damage. Contractor shall provide Products/Completed Operations coverage to be maintained continuously for a minimum of one (1) year after Final Acceptance of the Work, and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions.

Contractor shall maintain Commercial General Liability insurance with the following minimum limits: $1,000,000 per occurrence / $2,000,000 aggregate / $2,000,000 products-completed operations.
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7.10. Business Automobile Liability. Coverage shall be written on ISO form CA 00 01 (12/93 or later edition) or a substitute form providing equivalent coverage for owned, hired, leased and non-owned vehicles, whether scheduled or not, with $1,000,000 combined single limit per accident for bodily injury and property damage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

7.11. Workers’ Compensation. Contractor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the job. Compliance is accomplished in one of the following manners:

1. Provide copy of permissive self-insurance certificate approved by the State of California; or

2. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimal limit of $1,000,000 per accident; or

3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be used in performance of this Contract.

7.12. Subcontractors’ Insurance. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

8. BONDS. The Contractor shall provide two surety bonds. The Contractor shall furnish a satisfactory Performance Bond meeting all statutory requirements of the State of California on the form provided by the City. The bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents as may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations, in an amount that shall remain equal to one hundred percent (100%) of the Contract Price.

The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California on the form provided by the City in an amount that shall remain equal to one hundred percent (100%) of the Contract Price to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.

All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a Californiaadmitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that 395
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increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public.

Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.

Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.

Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only, and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.

9. RECORDS. The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project records current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California, the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5) years after Final Acceptance.

10. INDEMNIFICATION.

10.1. General. To the fullest extent permitted by law, the Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, protect, hold harmless and defend (even if the allegations are false, fraudulent, or groundless), the City of Moreno Valley, its City Council, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD), and all of their respective officials, officers, directors, employees, commission members, representatives and agents (“Indemnitees”), from and against any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceeds, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenues, and 396
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expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from, or in any way (either directly or indirectly), related to the Work, the Project or any breach of the Contract by Contractor or any of its officers, agents, employees, Subcontractors, Sub-subcontractors, or any person performing any of the Work, pursuant to a direct or indirect contract with the Contractor (“Indemnity Claims”).

Such Indemnity Claims include, but are not limited to, claims for:

A. Any activity on or use of the City’s premises or facilities; B. Any liability incurred due to Contractor acting outside the scope of its authority pursuant to the Contract, whether or not caused in part by an Indemnified Party;
C. The failure of Contractor or the Work to comply with any Applicable Law, permit or orders;
D. Any misrepresentation, misstatement or omission with respect to any statement made in the Contract Documents or any document furnished by the Contractor in connection therewith;
E. Any breach of any duty, obligation or requirement under the Contract Documents, including, but not limited to any breach of Contractor’s warranties, representations or agreements set forth in the Contract Documents;
F. Any failure to coordinate the Work with City’s Separate Contractors; G. Any failure to provide notice to any party as required under the Contract Documents;
H. Any failure to act in such a manner as to protect the Project from loss, cost, expense or liability;
I. Bodily or personal injury, emotional injury, sickness or disease, or death at any time to any persons including without limitation employees of Contractor;
J. Damage or injury to real property or personal property, equipment and materials (including, but without limitation, property under the care and custody of the Contractor or the City) sustained by any person or persons (including, but not limited to, companies, corporations, utility company or property owner, Contractor and its employees or agents, and members of the general public);
K. Any liability imposed by Applicable Law including, but not limited to criminal or civil fines or penalties;
L. Any dangerous, hazardous, unsafe or defective condition of, in or on the Site, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Site by Contractor, its officers, agents, employees, or Subcontractors;
M. Any operation conducted upon or any use or occupation of the Site by the Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise; N. Any acts, errors, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;
O. Infringement of any patent rights, licenses, copyrights, or intellectual property which may be brought against the Contractor or Owner arising out of Contractor’s Work, for which the Contractor is responsible; and 397
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P. Any and all claims against the City seeking compensation for labor performed or materials used or furnished to be used in the Work or alleged to have been furnished on the Project, including all incidental or consequential damages resulting to the City from such claims.

10.2. Effect of Indemnitees’ Active Negligence. Contractor’s obligations to indemnify and hold the Indemnitees harmless exclude only such portion of any Indemnity Claim which is attributable to the active negligence or willful misconduct of the Indemnitee, provided such active negligence or willful misconduct is determined by agreement of the parties or by findings of a court of competent jurisdiction. In instances where an Indemnitee’s active negligence accounts for only a percentage of the liability for the Indemnity Claim involved, the obligation of Contractor will be for that entire percentage of liability for the Indemnity Claim not attributable to the active negligence or willful misconduct of the Indemnitee(s). Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10. Subject to the limits set forth herein, the Contractor, at its own expense, shall satisfy any resulting judgment that may be rendered against any Indemnitee resulting from an Indemnity Claim. The Indemnitees shall be consulted with regard to any proposed settlement.

10.3. Independent Defense Obligation. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Contractor’s obligation to defend the Indemnitee(s) shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. The Contractor shall respond within thirty (30) Calendar Days to the tender of any Indemnity Claim for defense and/or indemnity by an Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured and experienced legal counsel acceptable to the City.

10.4. Intent of Parties Regarding Scope of Indemnity. It is the intent of the parties that the Contractor and its Subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by Applicable Law. In the event that any of the defense, indemnity, or hold harmless provisions in the Contract Documents are found to be ambiguous or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.

10.5. Waiver of Indemnity Rights Against Indemnitees. With respect to third party claims against the Contractor, to the fullest extent permitted by law, the Contractor waives any and all rights to any type of express or implied indemnity against the Indemnitees.

10.6. Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees 398
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with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Paragraph 10.

10.7. No Limitation or Waiver of Rights. Contractor’s obligations under this Paragraph 10 are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Paragraph 10 are separate and independent from the insurance provisions set forth in the Contract Documents, and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Paragraph 10 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

10.8. Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolving such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.

10.9. Survival of Indemnity Obligations. Contractor’s obligations under this Paragraph 10 are binding on Contractor’s and its Subcontractors’ successors, heirs, and assigns and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.

11. FEDERAL REQUIREMENTS. The Work under this Agreement is funded in whole or in part with federal Community Development Block Grant (CDBG) funds administered by HUD.

Accordingly, the Contractor and all Subcontractors shall comply with the following federal requirements:

11.1 The work to be performed under this contract is funded in whole or in part with federal funds. Accordingly, federal labor standards provisions including prevailing wage requirements of the Davis-Bacon and Related Acts (DBRA) will be enforced. In the event of a conflict between Federal and State prevailing wage rates, the higher of the two will prevail.

11.2 The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, 399
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to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.

11.3 The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 75, which implements Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.

11.4 The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the anticipated date the work shall begin, the qualifications for positions to be filled, and the name and location of the person(s) taking applications. The Contractor shall also track and report to the City all labor hours worked on the Project, including labor hours worked by Section 3 workers and Targeted Section 3 workers, in compliance with the benchmarks and reporting requirements of 24 CFR 75.19 and 75.25.

11.5 The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.

11.6 The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 75.

11.7 Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

11.8 Reserved.

11.9 Section 3 Compliance Clause. To the greatest extent feasible, the Contractor and subrecipients shall ensure that employment and training opportunities arising in connection with this project are provided to Section 3 workers residing within the area in which the project is located. Priority for these opportunities should be given to (i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) participants in YouthBuild programs Additionally, the Contractor shall ensure that contracts for work awarded in connection with this project are provided to business concerns that provide economic opportunities to Section 3 workers residing within the area in which the project is located. Priority for these contracting 400
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Standard Form of Agreement
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2246371.3
opportunities should be given to (i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) participants in YouthBuild programs. The Contractor agrees to comply with all applicable provisions of 24 CFR Part 75.19.

11.10 Copeland Anti-Kickback Act. The Contractor and its Subcontractors shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874; 40 U.S.C. 3145) and 29 CFR Part 3, and shall not induce any person employed on the Work to give up any compensation to which that person is entitled.

11.11 Contract Work Hours and Safety Standards Act. The Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), including payment of overtime at one and one-half times the basic rate for hours worked beyond forty (40) in a workweek.

11.12 Clean Air Act and Federal Water Pollution Control Act. The Contractor shall comply with all applicable standards and regulations under the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), and shall report any violation to the City, the Federal awarding agency, and the EPA Regional Office.

11.13 Byrd Anti-Lobbying Amendment. The Contractor certifies that no Federal appropriated funds have been or will be used to influence any Federal officer or employee, Member of Congress, or congressional employee in connection with this Agreement; shall disclose any non-Federal lobbying as required; and shall include this certification in all subcontracts exceeding $100,000. (31 U.S.C. 1352.)

11.14 Debarment and Suspension. The Contractor certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from this transaction by any Federal department or agency. (E.O. 12549; 2 CFR Parts 180 and 2424.)

12. THE BUILD AMERICA, BUY AMERICA ACT (BABA) To the extent the Buy America Preference applies to this Project under BABA (Sections 70901-70927 of Pub. L. No. 117-58), 2 CFR Part 184, and 2 CFR 200.322, the Contractor shall ensure that all iron, steel, manufactured products, and construction materials incorporated into the Work are produced in the United States as defined in those authorities, except to the extent covered by a waiver approved by HUD or the OMB Made in America Office. The Contractor shall include this requirement in all subcontracts and purchase orders for covered materials. The Contractor shall be solely responsible for compliance. All risk and cost of noncompliance, including removal and replacement of noncompliant materials and any funding de-obligation resulting from the noncompliance, rest with the Contractor, in addition to any other remedies available under this Agreement.

13. TERMINATION FOR CAUSE AND FOR CONVENIENCE: Termination of this Agreement for cause and for convenience, including the manner by which termination is effected and the basis for settlement, is governed by Section 6-8 (Termination of the Contract for Cause and Convenience) of the General Provisions of the Contract Documents. SUCCESSORS AND ASSIGNS. The Parties bind themselves, their heirs, executors, administrators, successors and assigns the covenants, agreements and obligations contained in the Contract Documents. The 401
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Contractor shall not, either voluntarily or by action of law, assign any right or obligation of the Contractor under the Contract Documents without prior written consent of the City. (SIGNATURE PAGE FOLLOWS)
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City of Moreno Valley
Project No. 801 0111
Standard Form of Agreement
00500-16
2246371.3
CITY OF MORENO VALLEY, a Municipal Corporation L.C. PAVING & SEALING INC.

BY: License No./
Brian Mohan, City Manager Classification:

DATE: Expiration Date:

Federal I.D. No.:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

SIGNING INSTRUCTIONS TO THE CONTRACTOR:

Signature(s) must be accompanied by a completed notary certificate of acknowledgement attached hereto. A general partner must sign on behalf of a partnership. Two (2) corporate officers must sign on behalf of a corporation unless the corporation has a corporate resolution that allows one person to sign on behalf of the corporation; if applicable, said resolution must be attached hereto. The corporate seal may be affixed hereto.

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney

Date
RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

Chief Financial Officer / City Treasurer

Date
403
Report to City Council
ID: 26-0369 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: PURCHASE OF POWER DISTRIBUTION CENTER WITH
SWITCHGEAR (REPORT OF: PUBLIC WORKS)
(DISTRICT: ALL DISTRICTS)
TITLE SUMMARY: Authorization to Award a Purchase Agreement to Siemens Industry, Inc. for the Purchase of a Power Distribution Center (PDC) with Switchgear
DISTRICT: All Districts
Recommendation(s)
That the City Council:

1. Authorize the award of a purchase agreement to Siemens Industry, Inc. for the purchase of a PDC with switchgear;

2. Authorize the City Manager to execute the agreement with Siemens Industry, Inc. in the amount of $4,564,780.72 ($4,149,800.65 bid amount plus a 10% contingency), subject to approval by the City Attorney;

3. Authorize the issuance of a Purchase Order to Siemens Industry, Inc. in the amount of $4,564,780.72, funded by the Moreno Valley Utility’s (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 Siemens Industry, Inc. within the adopted City Council 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. 404
ID: 26-0369 Page 2

SUMMARY
This report recommends approval of a purchase agreement with Siemens Industry, Inc. for the purchase of a PDC with switchgear. The PDC with switchgear will be used for the MVU Moreno Valley Substation Expansion project. The purchase is funded with MVU’s Restricted Asset Fund balance and has been approved in the Fiscal Year 2026/2027 Adopted Capital Improvement Plan.

DISCUSSION
MVU’s Distribution System Planning for the Years 2026 through 2030 has identified the expansion of the Moreno Valley Substation as a high-priority project to improve the reliability and operational flexibility of the electric distribution system on the eastern side of the city and to accommodate planned future development.

The PDC with switchgear is integral to increasing capacity at the Moreno Valley Substation as part of the Moreno Valley Substation Upgrade project (Project 805 0068).

They house transformer and feeder circuit breakers, which are important pieces of equipment required to install of new circuits at the Moreno Valley Substation to serve new loads throughout the city. The PDC will also house the substation’s automation equipment, including low-voltage equipment, station batteries, protective relays, and Supervisory Control and Data Acquisition (SCADA) systems for the Moreno Valley Substation Automation project (Project 805 0069). Together, these facilities will also provide key automation, control, monitoring, and protection infrastructure for the Moreno Valley Substation.

A Request for Proposal (RFP 2026-003) for the transformers was advertised in the City’s bid management system, PlanetBids on February 19, 2026. Two proposals were received and considered responsive. City staff reviewed and scored the proposals based on the proposers’ qualifications and experience, technical proposal, and cost proposal. Based on the combined evaluation scores, Siemens Industry, Inc. received the highest overall rating.

The responsive proposers, in order of overall ranking, were:

1. Siemens Industry, Inc.

2. Wesco Distribution, Inc.

ALTERNATIVES

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

This alternative will ensure the timely, ultimate construction of MVU’s Moreno Valley Substation Expansion Project. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. This Alternative will delay the timely construction of MVU’s Moreno Valley Substation Expansion project. Staff does not recommend this alternative.

FISCAL IMPACT
405
ID: 26-0369 Page 3
This purchase is included in the Fiscal Year 2026/2027 Adopted Capital Improvement Plan (CIP) Budget and will be funded by the MVU’s Restricted Asset Fund (Fund 6011).

Funding is included within the following approved CIP projects: Moreno Valley Substation Upgrade (Project No. 805-0068) and Moreno Valley Substation Automation (Project No. 805-0069). There is no impact to the General Fund.

AVAILABLE BUDGET
805 0068 – Moreno Valley Substation Upgrade ......................................$14,617,062.71 (GL: 6011-70-80-80005-720199)(Project: 805 0068 6011 99) 805 0069 - Moreno Valley Substation Automation ................................... $2,184,160.04 (GL: 6011-70-80-80005-720199)(Project: 805 0069 6011 99) TOTAL AVAILABLE PROJECT BUDGET ...............................................$16,801,222.75

ESTIMATED MATERIAL COSTS
Power Distribution Center with Switchgear (includes 10% contingency)... $4,564,780.72

NOTIFICATION
Posting of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Francisco Sanchez, P.E. Melissa Walker, P.E.

Associate Electrical Engineer Public Works Director/City Engineer Concurred By:

Jason Niccoli, P.E.

Electric Utility Division Manager

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

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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Objective 4.5: Explore green/renewable innovations and technologies for new developments such as the World Logistics Center.
407
ID: 26-0369 Page 5
Report Approval Details
Document Title: STAFFREPORT_PW_MVU_PDC SWITCHGEAR.docx
Attachments: - Location Map - Moval Substation Expansion.pdf - Purchase Agreement_Siemens Industy.pdf
Final Approval Date: Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
408
Cottonwood St Moreno Beach Drive

VICINITY MAP

PROPOSED LOCATION OF MOVAL SUBSTATION EXPANSION
Public Works Department
Electric Utility Division

LOCATION MAP

VICINITY MAP
NORTH

NOT TO SCALE
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City of Moreno Valley

PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (“Agreement”) is made and entered into this ____ day of ____, 2026 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City” (“Buyer”), and Siemens Industry, Inc., a Delaware Corporation by its Smart Infrastructure, Electrification and Automation Business Unit with a place of business at 7000 Siemens Road, Wendell, NC 27591, (“Seller”), with Buyer and Seller together sometimes hereinafter referred to as the “Parties.”
RECITALS:

WHEREAS, Seller will manufacture and deliver a Power Distribution Center (PDC) and Switchgear (“Goods”), as described in Exhibit “A,” attached hereto and incorporated herein by this reference; and
WHEREAS, Buyer is in need of Goods for use for the Moreno Valley Substation Expansion project, within the City of Moreno Valley, California; and WHEREAS, Seller desires to sell, and Buyer desires to purchase, the Goods, upon the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the covenants, conditions and promises contained herein and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

Section 1. Recitals
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. Purchase, Sale, Delivery of Goods, Liquidated Damages Seller shall sell and deliver to Buyer at the address specified in Exhibit “A” or as otherwise directed in writing by Buyer (“Delivery Location”), and Buyer shall purchase from Seller, the Goods, for the price of three million eight hundred twenty four thousand six hundred forty Dollars and thirty one Cents ($3,824,640.31) plus three hundred twenty five thousand one hundred sixty Dollars and thirty four Cents ($325,160.34) for sales tax (8.75%), for a total of four million one hundred forty nine thousand eight hundred Dollars and sixty five Cents ($4,149,800.65) (“Purchase Price”).
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Unless otherwise stated in the Agreement, Goods will be delivered DDP to Buyer’s Delivery Location, with title to the Goods and risk of loss or damage for the Goods passing to Buyer upon delivery at that point. Buyer is responsible for all transportation, insurance and related expenses only from and after such delivery.

Seller may make partial shipments.

Irrespective of any conflicting term in this agreement or the Purchase Order, Seller’s pricing is subject to adjustment only for new direct or indirect, or modified taxes, duties, tariffs, or equivalent trade measures imposed by any U.S. or foreign governmental authority that are applicable to the Goods after the Effective Date.

Any such prospective adjustment shall operate in both directions and shall be limited to the actual, documented net change in cost attributable to such new measures, without markup: the Purchase Price shall increase to reflect any documented net increase in such costs actually incurred by Seller, and shall decrease to reflect any reduction, removal, refund, rebate, or exemption of such measures. To the extent Buyer has already paid amounts on account of any such measure that is later reduced, removed, refunded, rebated, or found not to apply, Seller shall pass the corresponding benefit through to Buyer and refund such amounts within thirty (30) days of Seller becoming entitled to or receiving them. As a condition to any increase, Seller shall provide Buyer with reasonable written documentation substantiating the amount of, and basis for, the adjustment, and shall use commercially reasonable efforts to mitigate such costs (including through available exemptions, duty drawback, and alternative sourcing). Current tariff levels do not warrant a price adjustment.

Liquidated Damages. As per Exhibit B below.

Section 3. Invoice; Inspection; Payment
a. Seller shall invoice the Buyer for the Goods in an amount not to exceed the Purchase Price within seven (7) days of delivery of the Goods to Buyer. Unless otherwise stated in the Seller’s proposal, all payments are due net thirty (30) days from the invoice date and will be made in United States Dollars, pursuant to the following payment milestones.

Description % of Total Contract Price
Down payment after contract award and
Seller order acknowledgment 10%
Upon Seller’s submittal, and the City’s
written acceptance, of complete and
contract-compliant drawing packages for all
equipment under the Contract, the City shall
pay Seller 25% of the Purchase Price.
25%
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This is a one-time payment event; partial,
incremental, resubmitted, or per-equipment
drawing packages shall not trigger any
separate payment, and total payments under
this milestone shall not exceed 25% of the
Purchase Price.

Upon delivery of all individual type of
equipment to PEC supplier 30%
Completion of FAT for all individual
components of PEC at PEC supplier 30%
Upon delivery of all individual PEC to project
site or to customer’s place of storage 5%
b. After delivery, Buyer shall inspect the Goods within a reasonable time not to exceed ten (10) days and provide written notice to the Seller specifying any defects discovered upon reasonable inspection. The Goods shall be deemed accepted upon the earliest to occur of: (i) Buyer's failure to provide such written notice within the ten (10) day inspection period; (ii) installation, energization, commercial operation, or beneficial use of the Goods; or (iii) Buyer's written acceptance of the Goods. Acceptance of the Goods, whether in whole or in part, shall not be deemed a waiver of any defects identified by the Buyer, nor any defects later discovered by the Buyer during the Warranty Period, and specified to the Seller in writing.
c. Title to Goods or any portion thereof and risk of loss or damage during shipment pass from Seller to Buyer upon delivery to address specified in Section 2 of this Agreement.

Section 4. Representations and Warranty for Defective Goods Seller hereby makes the following representations, warranties, and acknowledgments, and agrees that such representations, warranties and acknowledgments shall be true as of the Effective Date:

A. Representations.

1. Seller, and the person executing this Agreement on behalf of Seller, has the full right, power and authority to enter into this Agreement and to take all actions required of Seller by the terms of this Agreement.

2. All documents executed by Seller pursuant to this Agreement will be duly authorized, executed and promptly delivered to Buyer, and will be legal, valid and binding obligations enforceable against Seller and will not violate any provisions of any agreement to which Seller is a party or to which it is subject.
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B. Warranties.

1. General Warranty and Warranty Period. The Goods provided to Buyer shall be free from all defects in material and workmanship, liens, encumbrances or adverse claims and are of good quality and materially conform to Seller’s specifications that are attached to or expressly incorporated into this agreement. Seller warrants the Goods against defects in materials and workmanship for a period of not less than two (2) years from the date of Buyer’s acceptance, or the manufacturer’s standard warranty period, whichever is longer.

2. Warranty Remedies. Seller agrees that if there is any claim of defect in the Goods, as determined in Buyer’s sole reasonable discretion, and upon written notice thereof given to Seller, during the Warranty Period, Seller shall, at its own expense as Buyer’s sole and exclusive remedies for breach of the Warranties: (i) for Service, re-perform the relevant Services or in Seller’s reasonable discretion, refund Buyer the pro rata portion of the fees paid to Seller under this Agreement allocable to the non-conforming Services; and (ii) for Goods, at Seller’s reasonable discretion, repair or replace the Goods or its non-conforming parts, within a reasonable time period, or refund all or part of the purchase price. The Warranty Period on any repaired or replaced component of the Goods or any reperformed Service shall be the longer of (i) the remainder of the original Warranty Period applicable to the Goods, or (ii) ninety (90) days following completion of the repair, replacement or re-performance. Such warranty shall apply only to the repaired or replaced component or re-performed Service. The Warranty Period for the remainder of the Goods shall remain unchanged and shall not be extended, renewed or restarted.

Unless Seller agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Goods or Services; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Seller to perform its warranty obligations; (iii) transportation to and from Seller’s factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by Buyer with this Warranty or from their deteriorated condition. All exchanged Goods or components replaced under this Warranty will become the property of Seller.

3. Conditions. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Goods and Equipment other than by Seller or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Goods and Equipment in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement, (iii) or in the absence of such conditions, parameters or instructions or to the extent not applicable, in accordance with the generally accepted industry standards applicable in the locale where the Services are being performed and having regard to the nature of the Goods and Services; (iv) Buyer discontinuing use of the Goods and Equipment after it has, or should have had knowledge 413
Purchase Agreement – Rev 7-30-26

of any defect in the Goods or Equipment; (v) Buyer providing Seller with reasonable access to operating and maintenance data as requested by Seller, (which may include secure broadband connection). Without expense to Seller, Buyer shall provide to Seller and Seller’s subcontractors and their respective employees and agents on a twenty four (24) hours a day, seven (7) days a week basis, access to the Site, and each unit, including rights of way and easements required for safe access of such persons and equipment, as well as, to the extent applicable, online access to the Site, including to an installed remote monitoring system and to all units, as necessary to permit Siemens to perform the Services. Seller shall be accompanied by a City employee if requested by the City, and Seller shall provide twenty-four (24) hours’ prior notice before accessing the site; (vi) Buyer providing prompt written notice of any warranty claims within the Warranty Period; (vii) at Seller's discretion, Buyer either removing and shipping Goods or Equipment or nonconforming part thereof to Seller, at Buyer's expense, or granting Seller reasonable access to Goods or Equipment to assess the warranty claims; (viii) Goods and Equipment not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (ix) Buyer not being in default of any payment obligation. Buyer shall provide, without cost to Seller, access to the nonconformity by disassembling, removing, replacing and reinstalling any Goods, Equipment, materials or structures to the extent necessary to permit Seller to perform its warranty obligations.

Notwithstanding subsection (i) above or any other provision of this Section, Buyer’s connection, wiring, and integration of the Goods and Equipment into its electrical distribution system and SCADA network – including the installation of cabling, conduit, networking equipment, servers, and similar components reasonably necessary to place the Goods into service – shall not constitute a repair, modification, or alteration that voids or impairs the Warranties, provided such work is performed in accordance with Seller’s specifications (where applicable) and generally accepted industry standards.

4. Exclusions from Warranty Coverage. The Warranties do not apply to (i) any product not supplied by Seller; (ii) any Third Party Parts or Equipment; or (iii) to services not performed by Seller pursuant to this Agreement. Seller will have no liability to Buyer under any legal theory for such products, Third Party Parts, Equipment, services or any related assignment of warranties. Any Goods that are described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer “as is” with no warranties of any kind. Normal wear and tear are excluded, including any expendable items that comprise part of the Goods (such as fuses, light bulbs and lamps).

Seller does not warrant or guarantee that any Goods will be secure from cyber threats, hacking or similar malicious activity. Goodsthat are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
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5. Transferability. The Warranties are only transferable during the warranty period and only to the Goods’ initial end-user.

6.The warranties in this section 4 are seller's sole and exclusive warranties as to the goods and are subject to the limits of liability in section 10 below. Seller makes no other warranties, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, course of dealing and usage of trade.

Section 5. Buyer’s Representations and Warranties
Buyer hereby makes the following representations, warranties, and acknowledgments, and agrees that such representations, warranties and acknowledgments shall be true as of the Effective Date:
a. Buyer, and the person executing this Agreement on behalf of Buyer, has the full right, power and authority to enter into this Agreement and to take all actions required of Buyer by the terms of this Agreement.
b. All the documents executed by Buyer pursuant to this Agreement will be duly authorized, executed and promptly delivered by Buyer, and will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and will not violate any provisions of any agreement to which Buyer is a party or to which it is subject.

Section 6. Indemnification Obligations of Seller
Seller shall defend, indemnify, and hold Buyer harmless from any and all losses, claims, expenses, costs, causes of action or obligations (including reasonable attorneys’ fees) to the extent arising from: (i) any third-party claim alleging bodily injury, death, or damage to tangible property caused by Seller’s negligent acts, omissions, or willful misconduct; (ii) any claim that the Goods or any component thereof infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual property right of a third party; and (iii) Seller’s breach of any of its representations, warranties, or covenants under this Agreement. If the injury or damage is caused by the parties’ joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of negligence.

Buyer shall provide the Seller with prompt written notice of any third party claims covered by this Section. Seller has the unrestricted right to select and hire counsel, and the exclusive right to conduct the legal defense and/or settle the claim on the Buyer’s behalf. Buyer shall not make any admission(s) which might be prejudicial to Seller and shall not enter into a settlement without the express permission of Seller.

Section 7. General Provisions
a. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter contained herein, and supersedes 415
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any prior agreement and understanding, either written or oral, about the subject matter hereof. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. This Agreement may only be modified or amended by a written instrument executed by the Parties.
b. Time is of the Essence. Time is of the essence of this Agreement subject to liquidated damages applying for late deliveries in Article 2 above. c. Headings. The subject headings of the sections and paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
d. Termination For Convenience. Buyer may terminate this Agreement for any reason whatsoever, prior to delivery of the Goods and Buyer’s payment of the Purchase Price as set forth herein. After delivery and acceptance of the Goods, the purchase of the Goods shall be subject to the warranty and defect remedy provisions of this Agreement. In the event Buyer cancels the Agreement, a Purchase Order, or portions of the Purchase Order in writing, the following charges, as a percentage of the total Purchase Order price for the Purchase Order, or applicable portions thereof, will apply:

After receipt of order, or before approval drawings are completed 15.0% After approval drawing completion, but before release to manufacturing 30.0% Before start of fabrication, but after major component purchase 60.0% After start of fabrication, but before start of assembly 80.0% After assembly has started 100.0%
e. Modifications and Amendments. This Agreement may be modified or amended only by a written document executed by both Buyer and Seller and approved as to form by Buyer’s City Attorney.
f. Notices.

1. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

Seller:

Siemens Industry, Inc.
7000 Siemens Road
Wendell, NC 27591
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Attn: Ben Martin
City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Jason Niccoli, Electric Utility Division Manager – Public Works

2. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
g. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed to constitute evidence of the Agreement having been executed.
h. Successors and Assigns. Each covenant and condition contained in this Agreement shall inure to the benefit of and be binding on the parties to this Agreement and their respective heirs, executors, administrators, personal representatives, successors and assigns. Excluding assignment to an affiliate, this Agreement shall be non-assignable without the express written consent of Buyer.
i. Further Assurances. The Parties agree to cooperate with each other and to execute, deliver and record such other agreements and documents and to take such other actions as are reasonably necessary or helpful to more effectively consummate the transaction(s) contemplated under this Agreement and to carry out its purpose and intent. Upon reasonable notice, Seller shall provide Buyer with reasonable access to, and allow it to copy, any books and records concerning the Goods as are in Seller’s possession or control. j. Attorneys’ Fees; Costs of Litigation. If any legal action or any other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other reasonable costs incurred in that action or proceeding. k. Termination for Default. Failure by a party to comply with any material provision under this Agreement, shall constitute a “default” of the offending party under this Agreement.

In the event that a default remains uncured for more than thirty (30) days or as agreed upon by the parties, following receipt of written notice of default from the other party, a 417
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"breach" shall be deemed to have occurred and either party shall the right to terminate.

As a result of said breach and termination, Buyer shall be entitled to its reasonable, direct and verifiable costs to complete the services or obtain replacement Equipment.

Furthermore, as a result of said breach and termination, Seller shall be entitled to the amounts pursuant to the cancellation schedule as referenced in Section 9 d. l. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. m. Non-Liability of Officials and Employees of Buyer. No member, official or employee of Buyer shall be personally liable to Seller, either individually or jointly, or any of Seller’s successors-in-interest, in the event of any default or breach by Buyer for any amount which may become due to Seller or any of Seller’s successors, or on any obligations under the terms of this Agreement.
n. Interpretation. As used in this Agreement, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation,” where it is contextually appropriate. This Agreement shall be interpreted as though prepared jointly by the Parties.
o. Legal Advice. The Parties represent and warrant to the other party the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel, as to the matters set forth in this Agreement, or, have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. p. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
q. Force Majeure. Neither Buyer nor Seller will be held liable for failure to fulfill its obligations hereunder if such failure is due to a Force Majeure Event. A “Force Majeure Event” means, but is not limited to, an act of war; domestic and/or international terrorism; civil riots or rebellions; quarantines, pandemics or epidemics; embargoes, state or national states of emergencies, and other similar unusual governmental actions; or extraordinary elements of nature or acts of God; provided that such Force Majeure Event is beyond the excused 418
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Party’s reasonable control, occurs without the excused Party’s fault or negligence and is not caused directly by the excused Party. The affected Party shall provide prompt written notice to the other Party of the Force Majeure Event and the affected Party’s time of performance will be extended by a period equal to the length of time it takes to overcome the effect of the event and the affected Party shall use reasonable efforts to mitigate the effects of such event.

The affected Party will notify the other Party within a reasonable time after becoming aware of any such event. If there are force majeure delays exceeding 180 days in the aggregate, either Party may terminate the Agreement. Failure to pay shall not constitute a force majeure delay.

Section 8. Confidentiality
Both during and after the term of this Agreement, the Parties will treat as confidential all information obtained from the disclosing Party and all information compiled or generated by the disclosing Party under this Agreement for the receiving Party, including but not limited to business information, the quotation, the Agreement, processes and procedures, know-how, methods and techniques employed by either Party in connection with the Goods and services, technical data and drawings. Neither Party may disclose or refer to the Goods and services to be performed under this Agreement in any manner that identifies the other Party without advance written permission.

Either Party has the right to share confidential information with its affiliates, agents, and contractors provided those recipients have executed a written non-disclosure agreement no less stringent than Section 10 in its entirety.

Nothing in this Agreement requires a Party to treat as confidential any information which:
(i) is or becomes generally known to the public, without the fault of the receiving Party; (ii) is disclosed to the receiving Party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving Party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving Party upon the date of this Agreement; or (iv) was independently developed by receiving Party or its representatives, as evidenced by written records, without the use of discloser’s confidential information, or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the Party required to disclose by law will promptly advise the originating Party of any requirement to make such disclosure to allow the originating Party the opportunity to obtain a protective order and assist the originating party in so doing.

Notwithstanding anything to the contrary in this Section 10 or elsewhere in this Agreement, Buyer is a public agency subject to the California Public Records Act (Cal. Gov. 419
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Code § 7920.000 et seq.) and other applicable public disclosure laws. Buyer’s disclosure of information in accordance with the California Public Records Act or other applicable law, or pursuant to a valid order or request of a court or governmental authority, shall not constitute a breach of this Agreement or of any confidentiality obligation hereunder. Upon receipt of a request that may call for disclosure of Seller’s confidential information, Buyer will, to the extent permitted by law and reasonably practicable, notify Seller so that Seller may, at its sole expense, seek a protective order or other appropriate remedy. Buyer shall have no obligation to initiate, join, or defend any legal proceeding, or to incur any cost or expense, to withhold or protect such information, and Buyer shall not be liable for any disclosure made in good faith in response to a requirement under the California Public Records Act or other applicable law.

Seller shall retain all intellectual property rights in the Seller’s Goods and services, works, Seller’s documents, processes, Seller’s confidential information, and any design information and/or documents made by (or on behalf of) Seller. Upon receipt of all fees, expenses and taxes due in respect of the relevant Seller’s Goods and services, Seller grants to the Buyer a non-transferable, non-exclusive, royalty-free license to copy, use and communicate Seller’s documents for the sole purpose of operation and maintenance of the facility upon which the Seller’s Goods and services have been performed.

Section 9. Patent and Copyright Infringement
Seller will, at its own option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any processes performed by Seller in connection with the Seller’s Goods and services constitutes an infringement of any Patent Cooperation Treaty (“PCT”) country member’s patent or misappropriation of a third party’s trade secret or copyright in the country where the Buyer’s Site is located. Buyer will promptly give Seller written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. Seller shall have full and exclusive authority to defend and settle such claim and will pay the damages and costs awarded against Seller in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Seller and shall not enter into a settlement without Seller’s consent. If and to the extent any process performed by Seller in connection with the Seller’s Goods and services as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Seller will, at its option and expense, either: (i) procure for Buyer the right to continue using said process; (ii) replace it with substantially equivalent non-infringing process; or (iii) modify the process so it’s use is non-infringing.

Seller will have no duty or obligation under this Section 11 if the process is: (i) performed according to Buyer's design or instructions and compliance therewith has caused Seller to deviate from its normal course of performance; (ii) modified by Buyer or its contractors 420
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after performance; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer.

Section 10. Limitation of Liability
Notwithstanding anything in this agreement to the contrary, neither party is liable, whether based in contract, warranty, tort (including negligence), strict liability, indemnity or any other legal or equitable theory, for: loss of use, revenue, savings, profit, interest, goodwill or opportunity, loss of production, costs of capital, costs of replacement or substitute use or performance, loss of information and data, loss of power, voltage irregularities or frequency fluctuation, claims arising from Buyer'sthird party contracts, or for any type of indirect, special, liquidated, punitive, exemplary, collateral, incidental or consequential damages or for any other loss or cost of a similar type.

Seller’s maximum liability under this agreement under any theory of recovery, shall not exceed the actual purchase order price received by Seller under this agreement.

Buyer agrees that the exclusions and limitations in this Section 12 will prevail over any conflicting terms and conditions in this agreement and must be given full force and effect whether or not any or all such remedies are determined to have failed of their essential purpose. These limitations of liability are effective even if Seller has been advised by Buyer of the possibility of such damages. The waivers and disclaimers of liability, releases from liability and limitations on liability expressed in this Section 12 extend to Seller’s affiliates, partners, principals, shareholders, directors, officers, employees, subcontractors, agents and successors and assigns of Seller.

In the event that physical loss or damage to the Buyer’s property results from the failure of a portion of the Seller’s goods and services to conform to its respective warranty during the applicable warranty period, Seller’s liability shall in no case exceed Seller’s obligation to perform the remedies specified in Section 4, as applicable, which Seller would have had to perform if such remedy had been carried out immediately prior to the occurrence of the physical loss or damage.

Notwithstanding the foregoing, the exclusions and limitations set forth in this Section 12, including the waiver of consequential, indirect, and other damages and the cap on Seller’s maximum liability, shall not apply to: (i) Seller’s indemnification obligations under Section 7 (Indemnification) or Section 11 (Patent and Copyright Infringement); or (ii) losses or damages arising from Seller’s gross negligence or willful misconduct.

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SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

City of Moreno Valley Siemens Industry, Inc
BY: BY:

City Manager
TITLE: ______
_____________________________________ (President or Vice President) Date
BY: ______
TITLE: ______
INTERNAL USE ONLY (Corporate Secretary)
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Department Head
Date
423
Report to City Council
ID: 26-0368 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: ROAD CLOSURES FOR THE 2026 ANNUAL TRUNKOR-TREAT EVENT (REPORT OF: PUBLIC WORKS) (DISTRICT 1)
TITLE SUMMARY: Authorization Of The Temporary Road Closures For The 2026 Annual Trunk-Or-Treat Event
DISTRICT: District 1
Recommendation(s)
That the City Council:

1. Approve all recommended road closures for the 2026 Annual Trunk-or-Treat event as outlined in this staff report; and

2. Authorize the Moreno Valley Police Department and the Public Works Director/City Engineer to implement additional traffic control measures or recommend road closures as necessary for the event.

SUMMARY
The purpose of this staff report is to request authorization of the temporary street closures for the 2026 Annual Trunk-Or-Treat Event at the Moreno Valley Civic Center. The event will take place on Monday, October 26, 2026, from 6:00 p.m. to 8:00 p.m., with the closures scheduled from 3:00 p.m. to 9:00 p.m. This report also seeks authorization for the Moreno Valley Police Department and Public Works Director/City Engineer to implement any necessary adjustments or additional road closures related to the event. 424
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DISCUSSION
The Trunk-or-Treat, organized by the Moreno Valley Police Department and the Riverside County Sheriff’s Office, is an annual event held across Riverside County. This year’s event is on Monday, October 26, 2026, from 6:00 p.m. to 8:00 p.m. at the Moreno Valley Civic Center. Activities include themed trunks, costume contests, safety demos, vendor booths, live music, candy, festive foods, and family activities. With police presence and safety measures in place, the event promotes community engagement and safety during Halloween.

The 2026 event will be held at the Civic Center Campus and is expected to draw more than 3,000 participants. The event will continue to emphasize community bonding, safety, and fun, utilizing the Civic Center Campus, Civic Center Amphitheater, and parking lots west of City Hall and north of the Public Safety Building as the event site.

The proposed road closures are as follows:
a. Calle San Juan De Los Lagos between Frederick Street and Veterans Way. b. Resource Way between Frederick Street and Corporate Way. c. Corporate Way between Calle San Juan De Los Lagos and Resource Way.

The Moreno Valley Police Department will conduct the street closures with assistance from the Public Works Department.

ALTERNATIVES

1. Approve and authorize the recommended street closures for the 2026 Annual Trunk-or-Treat event, in concurrence with the Moreno Valley Police Department and the Public Works Director/City Engineer. Staff recommends this alternative to ensure a thorough process that safeguards staff and participants.

2. Do not approve and authorize the recommended street closures for the 2026 Annual Trunk-or-Treat event in concurrence with the Moreno Valley Police Department and the Public Works Director/City Engineer. Staff does not recommend this alternative because businesses and residents will need to be advised of the proposed street closures as soon as possible.

FISCAL IMPACT
The Adopted Fiscal Year 2026/27 Police Department operating budget will absorb all proposed street closures, traffic control, and security costs.

NOTIFICATION
Publication of the agenda.

The Moreno Valley Police Department will notify businesses and residents of upcoming street closures for the Trunk-or-Treat event as part of the planning process. 425
ID: 26-0368 Page 3

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Seth Jenison, P.E., T.E., PTOE Melissa Walker, P.E.

City Traffic Engineer Public Works Director/City Engineer Concurred By: Concurred By:

Harold Zamora, P.E. Sarah Mack
Engineering Division Manager/Assistant City Engineer Chief of Police Concurred By:

Mayra Gonzalez
Public Safety Contracts Administrator

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
Objective 5.5: Promote a healthy community and lifestyle.

Objective 5.6: Enhance community outreach, partnership opportunities, and stakeholder ownership of the City’s parks and recreation services, programs and events.

Objective 6.2: Improve health, wellness and fitness for Moreno Valley youth through recreation and sports programs.
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ID: 26-0368 Page 4
Report Approval Details
Document Title: STAFFREPORT_PW_TED_2026TRUNKORTREAT.docx Attachments: - 2026 Road Closure Location Map.pdf
Final Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
427
0 0.04 0.08 0.15 0.23
Miles

MORENO VALLEY POLICE DEPARTMENT TRUNK-OR-TREAT EVENT

PROPOSED STREET CLOSURES LOCATION MAP
l llltJTIIULO!llll!llllll I llllULillllll LIJ
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CLOSURES
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map. 2026 Annual Trunk-or-Treat Event 428 Report to City Council
ID: 26-0366 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: ROAD CLOSURES FOR THE 2026 ANNUAL FUN
COLOR RUN (REPORT OF: PUBLIC WORKS)
(DISTRICT 1)
TITLE SUMMARY: Authorization Of The Temporary Road Closures For The 2026 Annual Fun Color Run
DISTRICT: District 1
Recommendation(s)
That the City Council:

1. Approve all recommended road closures for the 2026 Annual Fun Color Run as outlined in this report; and

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

SUMMARY
The following report recommends approving the temporary street closures for the City’s 2026 Annual Fun Color Run scheduled for Saturday, November 14, 2026, from 8:00 a.m. to 11:00 a.m. Closures are proposed between 7:30 a.m. and 11:00 a.m. This report also seeks authorization for the Moreno Valley Police Department and Public Works Director/City Engineer to implement any necessary traffic control measures during the event.
429
ID: 26-0366 Page 2

DISCUSSION
The Parks and Community Services Department will host the City’s 2026 Annual Fun Color Run for Moreno Valley residents on Saturday, November 14, 2026, from 8:00 a.m. to 11:00 a.m., at the Moreno Valley Civic Center Amphitheater parking lot. Organizers expect around 750 participants for this year’s event. Runners, joggers, and walkers will start at 9:00 a.m. on a two-mile course, with the option to be sprayed with vibrant, nontoxic, eco-friendly powders made from cornstarch. After the run, participants will gather for closing remarks and prize announcements.

The Fun Color Run Path of Travel:

Participants will exit the Civic Center Amphitheater parking lot onto Frederick Street, heading north to Alessandro Boulevard. They will turn right onto Alessandro, then proceed east toward Graham Street. At Graham, they'll turn right and head south onto Brodiaea Avenue, then turn west. At Brodiaea, they'll go west to Frederick Street, turn right, then left onto Calle San Juan De Los Lagos, heading west toward Veterans Way.

Turning right onto Veterans Way, they will proceed north to Veterans Avenue, reaching the west entrance of the parking lot for the finish line.

The Proposed Road Closures
The road closures on Saturday, November 14, 2026, will be in effect from 7:00 a.m. to 11:00 a.m. The closure details are as follows:
a. Eastbound lanes of Alessandro Boulevard between Frederick Street and Graham Street
b. Graham Street between Alessandro Boulevard and Brodiaea Avenue c. Brodiaea Avenue between Graham Street and Frederick Street d. Frederick Street between Resource Avenue and Alessandro Boulevard e. Corporate Way between Resource Way and Calle San Juan De Los Lagos f. Resource Way between Corporate Way and Frederick Street g. Calle San Juan De Los Lagos between Frederick Street and Veterans Way h. Veterans Way between Calle San Juan De Los Lagos and Alessandro Boulevard

ALTERNATIVES

1. Approve and authorize the recommended street closures for the 2026 Annual Fun Color Run event in concurrence with the Moreno Valley Police Department and the Public Works Director/City Engineer. Staff recommends this alternative as it will allow a thorough process to ensure the safety of staff and participants.

2. Do not approve and authorize the recommended street closures for the 2026 Annual Fun Color Run event in concurrence with the Moreno Valley Police Department and the Public Works Director/City Engineer. Staff does not recommend this alternative as businesses and residents will need to be advised of the proposed street closures as soon as possible.
430
ID: 26-0366 Page 3

FISCAL IMPACT
The Moreno Valley Police Department's operating budget will cover all costs for the proposed street closures, traffic control, and security.

NOTIFICATION
Publication of the Agenda.

As part of the 2026 Annual Fun Color Run planning process, businesses and residents who may be affected by the street closures will receive written notice of the scheduled closures from the Parks and Community Services Department. Additional advance public notices will be issued via the City’s MVTV-3 broadcast system, the City’s website, and electronic message boards. The Moreno Valley Police Department will also notify the Moreno Valley Fire Department, the American Medical Response, and the Riverside Transit Authority of the road closures.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Seth Jenison, P.E, T.E., PTOE Melissa Walker, P.E.

City Traffic Engineer Public Works Director/City Engineer Concurred By: Concurred By:

Harold Zamora, P.E. Jeremy Bubnick
Engineering Division Manager/Assistant City Engineer Parks & Community Services Director Concurred By: Concurred By:

Deputy Kevin Seguin Claudia Torres
Moreno Valley Police Department/RSO Special Events Division Manager

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.

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
Objective 5.5: Promote a healthy community and lifestyle. 431
ID: 26-0366 Page 4
Objective 5.6: Enhance community outreach, partnership opportunities, and stakeholder ownership of the City’s parks and recreation services, programs and events.

Objective 6.2: Improve health, wellness and fitness for Moreno Valley youth through recreation and sports programs.
432
ID: 26-0366 Page 5
Report Approval Details
Document
Title:

STAFFREPORT_PW_TED_ROADCLOSURES_2026_FUN_COLOR_R
UN.docx
Attachment
s:
- Fun Color Run Street Closures Map 2026.pdf
- TCP_FUN_COLOR_RUN.pdf
Final
Approval
Date:

Sep 30, 2026
This report and all of its attachments were approved and signed as outlined below:

Melissa Walker
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez
433
2026 Fun Color Run 434
Moreno Valley Fun Color Run
November 14, 2026
Traffic Control Plan
By: Deputy Kevin Seguin #4867
435
This year, the city of Moreno Valley will hold the annual 'Fun Color Run' at the Civic Center Amphitheater and park, which is located west of City Hall and north of the Public Safety Building. It is the priority of the Moreno Valley Sheriff's Station to ensure for the safety and security of all patrons.

Specific roadway closures will be in place during event. All roadway closures will begin at 0630 hours and conclude at 1200 hours.

Roving motors will be enforcing traffic safety along Frederick Street, Alessandro Boulevard, Graham Street, and Brodiaea Avenue. These areas will be continually monitored throughout the event. 436
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447
Report to City Council
ID: 26-0379 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of
the Moreno Valley Community Services District (CSD)
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: October 6, 2026
TITLE: AUTHORIZATION TO AWARD A CONSTRUCTION

AGREEMENT FOR CITYWIDE TRASH FULL CAPTURE

DEVICE INSTALLATION PROJECT FOR PER

CALIFORNIA STATE PUBLIC AGREEMENT CODE
22000 ET SEQ. (REPORT OF: PUBLIC WORKS)
(DISTRICT: ALL DISTRICTS)
TITLE SUMMARY: Authorization To Award A Construction Agreement To G2 Construction, Inc. For The Citywide Trash Full Capture
Device Installation, Per California State Public Contract Code 22000 Et Seq. Project Number 804 0018
DISTRICT: All Districts
Recommendation(s)
That the City Council:

1. Find the Citywide Trash Full Capture Device Installation project exempt from Section 15301(c) of the California Environmental Quality Act (CEQA) and Section 5.1.2 of the City's Rules and Procedures for CEQA implementation;

2. Award a Construction Agreement to G2 Construction, Inc. for the Citywide Trash Full Capture Device Installation Project;

3. Authorize the City Manager to execute the Construction Agreement with G2 Construction, Inc. in the amount of $418,500, funded by the Storm Water Management 448
ID: 26-0379 Page 2
Fund (Fund 2008) and Capital Improvement Grants Fund (Fund 3001), subject to the approval of the City Attorney;

4. Authorize the issuance of a purchase order to G2 Construction, Inc. in the amount of $502,200 (bid amount plus 20% contingency), once all parties have executed the Agreement; and

5. Authorize the City Manager or his or her designee to execute any subsequent change orders to the Agreement with G2 Construction, Inc., up to the purchase order amount as necessary to complete the project, subject to the approval of the City Attorney.

SUMMARY
This staff report recommends approval of an agreement with G2 Construction, Inc. for the Citywide Full Trash Capture Device Installation Project. The project involves constructing and installing Trash Full Capture Devices in storm drains Citywide to comply with the State of California Storm Water Management Program mandates. The project is funded by the Storm Water Management Fund (2008) and the Capital Improvement Grants Fund (Fund 3001).

DISCUSSION
The California State Water Resources Storm Water Management Program mandates that cities throughout California install Full Trash Capture Devices on catch basins to help prevent downstream pollution from entering storm drains, thereby protecting our local waterways. These devices are high-performance treatment systems that capture trash and debris from storm water runoff. These devices will be installed in approximately 970 catch basins across the City, with metal connector pipe screen units placed directly into the City’s existing storm drains. These devices will improve the performance of the City’s storm drains while meeting the State’s strict guidelines.

The first phase of the project was completed in 2025 with 350 units installed. This second phase aims to add 450 connector pipe screen units, and the remaining 150 catch basin screening units will be installed over four years in accordance with State mandates.

The project design was completed in-house by engineering staff and the construction bids were advertised on August 4, 2026. Bidding followed the Public Contract Code. Five bids were received via PlanetBids.com on August 25, 2026 as follows:

Contractors Bid Amounts

1. G2 Construction, Inc. $418,500.00

2. United Storm Water, Inc $452,004.00

3. Apex $599,662.00

4. Downstream Services, Inc. $816,698.00

5. MBE Construction, Inc. $1,409,383.00
Staff reviewed G2 Construction, Inc.’s bid and found it responsive and responsible, with a valid license and bid bond. No issues were identified from the references submitted. 449
ID: 26-0379 Page 3
Staff recommends awarding the contract and issuing a purchase order to G2 Construction, Inc. for $502,200, which includes the base bid of $418,500 and a 20% contingency. The base bid is sufficient to cover any costs associated with Additive Bid No. 1.

Environmental Review
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) as it is for the installation of the proposed Full Trash Capture Devices on existing catch basins, which will assist in the prevention of downstream pollution from entering storm drains, thereby protecting our local waterways.

ALTERNATIVES

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

This alternative will enable the timely construction of much-needed full trash capture devices to meet state mandates. Staff recommends this alternative.

2. Do not approve and authorize the recommended actions as presented in this staff report. Doing so will delay the state-mandated Trash Capture Implementation Program. Staff does not recommend this alternative as it will delay the construction of needed full trash capture devices and may result in higher costs and fines in the future.

FISCAL IMPACT
This project is funded by Storm Water Management (Fund 2008) and by Capital Improvement Grants (Fund 3001). There is no impact on the General Fund.

AVAILABLE BUDGET
Storm Water Management ................................................................................ $545,162 (Account 2008-70-77-80004-720199) (Project No. 804 0018-2008-99) Capital Improvement Grants ................................................................................$60,000 (Account 3001-70-77-80004-720199) (Project No. 804 0018-3001-99) Total Available Budget ...................................................................................... $605,162 ESTIMATED CONSTRUCTION COSTS:

Construction Agreement (including 20% contingency) ..................................... $502,200 Project Inspections............................................................................................ $20,000 TOTAL Estimated Construction Costs............................................................... $522,200 450
ID: 26-0379 Page 4

NOTIFICATION
Publication of the agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Ricky Carrillo Melissa Walker, P.E.

Senior Engineer Public Works Director/City Engineer
Concurred By: Concurred By:

Quang Nguyen, P.E. Harold Zamora, P.E.

Capital Projects Principal Engineer Engineering Division Manager/Assistant City Engineer

CITY COUNCIL GOALS
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.

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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KITCHING ST BAY AVE BRODIAEA AVE HEMLOCK AVE HEMLOCK AVE ALESSANDRO BLVD BAY AVE LOCUST AVE JUNIPER AVE DRACAEA AVE

KITCHING ST KALMIA ST FIR AVE BAY AVE

INDIAN ST

GRAHAM ST

LASSELLE ST

PETTIT ST BRODIAEA AVE

OLIVER ST JOHN F KENNEDY DR

PERRIS BLVD

PERRIS BLVD JACLYN AVE

PERRIS BLVD

INDIAN ST CARDINAL AVE FIR AVE KRAMERIA AVE JOHN F KENNEDY DR COTTONWOOD AVE TOWNGATE BLVD

WORLD LOGISTICS CENTER PKWY CACTUS AVE ENCELIA AVE

HEACOCK

VIA MANZANITA AVE BAY AVE

MORENO BEACH DR BRODIAEA AVE EUCALYPTUS AVE FIR AVE
DAY ST

KITCHING ST

REDLANDS BLV DRACAEA AVE IRIS AVE

ELSWORTH ST ALESSANDRO BLVD

HEACOCK ST

SINCLAIR ST
ST

PERRIS BLVD

NASON ST

MORENO BEACH DR

MORENO BEACH DR SAN MICHELE RD MODULAR WY

DEL LAGO SANTIAGO DR JOHN F KENNEDY DR

VIRGINIA ST

VETERANS WY

WILMOT ST

MERWIN ST

CALYPTUS AVE EUCALYPTUS AVE SUNNYMEAD BLVD
GILMAN

SPRINGS RD BOX SPRINGS RD
NWO
O
D AVE

MORTON RD

CLARK ST

PIGEON PASS RD PIGEON PASS RD SWAN ST

DAVIS ST

HEACOCK ST

SUNNYMEAD
RANCH

HUBBARD ST

DAY ST TOWN CIR

TOWN CIR

RECHE VISTA DR
HIDDEN

SPRINGS DR

ELDER AVE ELDER

AVE RIVARD RD ALTA VISTA DR WEBSTER AVE MYERS AVE

MORRISON ST
452
City of Moreno Valley
Project No. 804 0018
Standard Form of Agreement
00500-1
Agreement No.

AGREEMENT
PROJECT NO. 804 0018
CITYWIDE FULL TRASH CAPTURE DEVICE INSTALLATION FISCAL YEAR 25/26 This Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2026 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and _____________, hereinafter referred to as “Contractor.” That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. CONTRACT DOCUMENTS. The Contract Documents consist of the following, which are incorporated herein by this reference:

A. This Agreement
B. Any and all Contract Change Orders and Construction Change Directives issued after execution of this Agreement
C. Addenda Nos. _______ inclusive, issued prior to the Bid Deadline D. The bound Contract Documents that includes City Special Provisions, General Provisions, and Technical Provisions
E. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions F. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
G. Project Plans
H. Governmental approvals, including, but not limited to, permits required for the Work I. Contractor’s Labor and Materials Payment Bond (for reference only) J. Contractor’s Faithful Performance Bond (for reference only) K. Contractor’s Certificates of Insurance and Additional Insured Endorsements In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.

In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.

2. REFERENCE DOCUMENTS. The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes:

A. ADS Specification
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3. SCOPE OF WORK. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work described in the Contract Documents, except as otherwise provided in the Plans, Standard Specifications, or City Special Provisions to be the responsibility of others.

4. PAYMENT.

4.1. Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, the City shall pay Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items and Additive Alternate Bid Items, if any, set forth the Bid Schedule submitted with the Bid. The sum of the unit prices and lump sum prices for the Base Bid Items and Additive Alternate Bid Items, if any, awarded by the City is Dollars ($
) (“Contract Price”). The Additive Alternate Bid Items selected by the City and included in the Contract are: _______, ________, and _______. It is understood and agreed that the quantities set forth in the Bid Schedule for which unit prices are fixed are estimates only and that City will pay and Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bid Schedule multiplied by the actual number of units performed, constructed, or completed as directed and measured by the City Engineer.

4.2. Payment Procedures. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the City Special Provisions.

5. CONTRACT TIME.

A. Contract Time. The Contract Time shall be determined in accordance with the following:

Base Bid 60 Working Days
Additive Alternate A 20 Working Days
B. Initial Notice to Proceed. After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials constitutes the date of commencement of the Contract Time of Sixty (60) Working Days for the Base Bid only, and up to Eighty (80) Working Days for Base Bid plus Additive Alternate Bids (__, __, __). The Contract Time is therefore dependent on the number of Alternative Bids selected, if any, and will be based on the table in Section 5A of this Agreement. The 454
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Contract Time includes the time necessary to fulfill preconstruction requirements, place the order of materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders).

The Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials shall further specify that Contractor must complete the preconstruction requirements and order materials within Ten (10) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.

Preconstruction requirements include, but are not limited to, the following:
 Submitting and obtaining approval of Traffic Control Plans  Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
 Submitting and obtaining approval of critical required submittals  Installation of the approved Project Identification Signs  Obtaining an approved no fee Encroachment Permit
 Obtaining a Temporary Use Permit for a construction yard  Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents If the City’s issuance of a Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials is delayed due to Contractor’s failure to return the fully executed Agreement and insurance and bond documents within ten (10) Working Days after Contract award, then Contractor agrees to the deduction of one (1) Working Day from the number of days to complete the Project for every Working Day of delay in the City’s receipt of said documents. This right is in addition to and does not affect the City’s right to demand forfeiture of Contractor’s Bid Security if Contractor persistently delays in providing the required documentation.

C. Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

6. LIQUIDATED DAMAGES AND CONTROL OF WORK.

6.1. Liquidated Damages. The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to complete the Work within the Contract Time, which includes the time necessary to fulfill preconstruction requirements, place the order of materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders) in accordance with Article 5 above. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85 and in Public Contract Code Section 7203. Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadlines for completion of the Work and will not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.
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Project No. 804 0018
Standard Form of Agreement
00500-4
In the event that Contractor fails to complete the Work within the Contract Time, Contractor agrees to pay the City $500 per Calendar Day that completion of the each such portion of the Work is delayed beyond the Contract Time. The Contractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of portions of the Work. The Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.

It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the City.

Liquidated damages are owed automatically and without notice of any kind upon the accrual of each day of delay. City may at any time deduct liquidated damages as are payable hereunder from money due or to become due to Contractor, or pursue any other legal remedy to collect such liquidated damages from Contractor and/or its Surety. Neither the City's failure or delay in deducting liquidated damages from payments otherwise due Contractor, nor City's failure or delay in notifying Contractor of the accrual of liquidated damages, shall be deemed a waiver of City's right to liquidated damages.

City's rights under this Section shall not be interpreted as precluding or limiting: (1) any right or remedy of City arising from an event of Contractor default other than a failure to complete the Work within the Contract Time; or (2) City's right to order an acceleration, at Contractor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue liquidated damages. The availability of liquidated damages shall not limit City's right to terminate the Contractor’s performance and accrual and/or assessment of liquidated damages does not constitute a waiver of such rights.

6.2. Owner is Exempt from Liability for Early Completion Delay Damages. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay. See Section 6-4 of the Standard Specifications and City Special Provisions regarding compensation for delays.
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Standard Form of Agreement
00500-5

6.3. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in Section 3-5 of the City Special Provisions.

7. INSURANCE.

7.1. General. The Contractor shall procure and maintain at its sole expense and throughout the term of this Agreement, any extension thereof, Commercial General Liability, Automobile Liability, and Workers’ Compensation Insurance with such coverage limits as described herein.

7.2. Additional Insured Endorsements. The Contractor shall cause the insurance required by the Contract Document to include the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers and representatives as an additional insureds. For the Commercial General Liability coverage, said parties shall be named as additional insureds utilizing either:

1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or

2. ISO Additional Insured endorsement CG 20 10 (10/01) and Additional Insured Completed Operations endorsement CG 20 37 (10/01); or

3. Substitute endorsements providing equivalent coverage, approved by the City.

The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. Coverage for such additional insureds does not extend to liability to the extent prohibited by Insurance Code Section 11580.4.

7.3. Waivers of Subrogation. All policies of insurance required by the Contract Documents shall include or be endorsed to provide a waiver by the insurers of any rights of recovery or subrogation that the insurers may have at any time against the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives.

7.4. Primary Coverage. All policies and endorsements shall stipulate that the Contractor’s (and the Subcontractors’) insurance coverage shall be primary insurance as respects the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives, and shall be excess of the Contractor’s (and its Subcontractors’) insurance and shall not contribute with it.

7.5. Coverage Applies Separately to Each Insured and Additional Insured.

Coverage shall state that the Contractor’s (and its Subcontractors’) insurance shall apply 457
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separately to each insured or additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall apply to any claim or suit brought by an additional insured against a named insured or other insured.

7.6. Self-Insurance. Any self-insurance (including deductibles or self-insured retention in excess of $50,000) in lieu of liability insurance must be declared by Contractor and approved by the City in writing prior to execution of the Agreement. The City’s approval of selfinsurance, if any, is within the City’s sole discretion and is subject to the following conditions:

1. Contractor must, at all times during the term of the Agreement and for a period of at least one (1) year after completion of the Project and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions, maintain and upon Owner’s reasonable request provide evidence of:
(a) Contractor’s “net worth” (defined as “total assets” [defined as all items of value owned by the Contractor including tangible items such as cash, land, personal property, and equipment, and intangible items such as copyrights and business goodwill]) minus total outside liabilities must be reflected in a financial statement for the prior fiscal year reflecting sufficient income and budget for Contractor to afford at least one loss in an amount equal to the amount of self-insurance;
(b) Financial statements showing that Contractor has funds set aside/budgeted to finance the self-insured fund (i.e., Contractor has a program that fulfills functions that a primary insurer would fill); and (c) A claims procedure that identifies how a claim is supposed to be tendered to reach the financing provided by the self-insured fund.

2. If at any time after such self-insurance has been approved, the Contractor fails to meet the financial thresholds or otherwise fails to comply with the provisions set forth in this Paragraph 7, at the option of the City:
(a) The Contractor shall immediately obtain and thereafter maintain the third party insurance required under this Paragraph 7 and otherwise on the terms required above; or
(b) The insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the City, its officers, officials, employees, and volunteers; or
(c) The Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses.
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Project No. 804 0018
Standard Form of Agreement
00500-7

7.7. Insurer Financial Rating. Insurance companies providing insurance hereunder shall be rated A-VII or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.

7.8. Notices to City of Cancellation or Changes. Each insurance policy described in this Paragraph 7 shall contain a provision or be endorsed to state that coverage will not be cancelled without thirty (30) days’ prior written notice by certified or registered mail to the City (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to the City), except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. If an insurance carrier cancels any policy or elects not to renew any policy required to be maintained by Contractor pursuant to the Contract Documents, Contractor agrees to give written notice to the City at the address indicated on the first page of the Agreement. Contractor agrees to provide the same notice of cancellation and non-renewal to the City that is required by such policy(ies) to be provided to the First Named Insured under such policy(ies). Contractor shall provide confirmation that the required policies have been renewed not less than seven (7) days prior to the expiration of existing coverages and shall deliver renewal or replacement policies, certificates and endorsements to the City Clerk within fourteen (14) days of the expiration of existing coverages. Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City Clerk copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.

7.9. Commercial General Liability. Coverage shall be written on an ISO Commercial General Liability “occurrence” form CG 00 01 (10/01 or later edition) or equivalent form approved by the City for coverage on an occurrence basis. The insurance shall cover liability, including, but not limited to, that arising from premises operations, stop gap liability, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The policy shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 (11/85). Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground (x, c, u) property damage. Contractor shall provide Products/Completed Operations coverage to be maintained continuously for a minimum of one (1) year after Final Acceptance of the Work, and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions.

Contractor shall maintain Commercial General Liability insurance with the following minimum limits: $1,000,000 per occurrence / $2,000,000 aggregate / $2,000,000 products-completed operations.

7.10. Business Automobile Liability. Coverage shall be written on ISO form CA 00 01 (12/93 or later edition) or a substitute form providing equivalent coverage for owned, hired, leased and non-owned vehicles, whether scheduled or not, with $1,000,000 combined single limit per accident for bodily injury and property damage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
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Standard Form of Agreement
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7.11. Workers’ Compensation. Contractor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the job. Compliance is accomplished in one of the following manners:

1. Provide copy of permissive self-insurance certificate approved by the State of California; or

2. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimal limit of $1,000,000 per accident; or

3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be used in performance of this Contract.

7.12. Subcontractors’ Insurance. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

8. BONDS. The Contractor shall provide two surety bonds. The Contractor shall furnish a satisfactory Performance Bond meeting all statutory requirements of the State of California on the form provided by the City. The bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents as may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations, in an amount that shall remain equal to one hundred percent (100%) of the Contract Price.

The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California on the form provided by the City in an amount that shall remain equal to one hundred percent (100%) of the Contract Price to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.

All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a Californiaadmitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public.

Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such 460
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change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.

Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.

Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only, and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.

9. RECORDS. The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project records current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California, the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5) years after Final Acceptance.

10. INDEMNIFICATION.

10.1. General. To the fullest extent permitted by law, the Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, protect, hold harmless and defend (even if the allegations are false, fraudulent, or groundless), the City of Moreno Valley, its City Council, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD), and all of their respective officials, officers, directors, employees, commission members, representatives and agents (“Indemnitees”), from and against any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceeds, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenues, and expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from, or in any way (either directly or indirectly), related to the Work, the Project or any breach of the Contract by Contractor or any of its officers, agents, employees, Subcontractors, Sub-subcontractors, or any person performing 461
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any of the Work, pursuant to a direct or indirect contract with the Contractor (“Indemnity Claims”).

Such Indemnity Claims include, but are not limited to, claims for:

A. Any activity on or use of the City’s premises or facilities; B. Any liability incurred due to Contractor acting outside the scope of its authority pursuant to the Contract, whether or not caused in part by an Indemnified Party;
C. The failure of Contractor or the Work to comply with any Applicable Law, permit or orders;
D. Any misrepresentation, misstatement or omission with respect to any statement made in the Contract Documents or any document furnished by the Contractor in connection therewith;
E. Any breach of any duty, obligation or requirement under the Contract Documents, including, but not limited to any breach of Contractor’s warranties, representations or agreements set forth in the Contract Documents;
F. Any failure to coordinate the Work with City’s Separate Contractors; G. Any failure to provide notice to any party as required under the Contract Documents;
H. Any failure to act in such a manner as to protect the Project from loss, cost, expense or liability;
I. Bodily or personal injury, emotional injury, sickness or disease, or death at any time to any persons including without limitation employees of Contractor;
J. Damage or injury to real property or personal property, equipment and materials (including, but without limitation, property under the care and custody of the Contractor or the City) sustained by any person or persons (including, but not limited to, companies, corporations, utility company or property owner, Contractor and its employees or agents, and members of the general public);
K. Any liability imposed by Applicable Law including, but not limited to criminal or civil fines or penalties;
L. Any dangerous, hazardous, unsafe or defective condition of, in or on the Site, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Site by Contractor, its officers, agents, employees, or Subcontractors;
M. Any operation conducted upon or any use or occupation of the Site by the Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise; N. Any acts, errors, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;
O. Infringement of any patent rights, licenses, copyrights, or intellectual property which may be brought against the Contractor or Owner arising out of Contractor’s Work, for which the Contractor is responsible; and P. Any and all claims against the City seeking compensation for labor performed or materials used or furnished to be used in the Work or alleged to have been furnished on the Project, including all incidental or consequential damages resulting to the City from such claims. 462
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10.2. Effect of Indemnitees’ Active Negligence. Contractor’s obligations to indemnify and hold the Indemnitees harmless exclude only such portion of any Indemnity Claim which is attributable to the active negligence or willful misconduct of the Indemnitee, provided such active negligence or willful misconduct is determined by agreement of the parties or by findings of a court of competent jurisdiction. In instances where an Indemnitee’s active negligence accounts for only a percentage of the liability for the Indemnity Claim involved, the obligation of Contractor will be for that entire percentage of liability for the Indemnity Claim not attributable to the active negligence or willful misconduct of the Indemnitee(s). Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10. Subject to the limits set forth herein, the Contractor, at its own expense, shall satisfy any resulting judgment that may be rendered against any Indemnitee resulting from an Indemnity Claim. The Indemnitees shall be consulted with regard to any proposed settlement.

10.3. Independent Defense Obligation. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Contractor’s obligation to defend the Indemnitee(s) shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. The Contractor shall respond within thirty (30) Calendar Days to the tender of any Indemnity Claim for defense and/or indemnity by an Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured and experienced legal counsel acceptable to the City.

10.4. Intent of Parties Regarding Scope of Indemnity. It is the intent of the parties that the Contractor and its Subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by Applicable Law. In the event that any of the defense, indemnity, or hold harmless provisions in the Contract Documents are found to be ambiguous or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.

10.5. Waiver of Indemnity Rights Against Indemnitees. With respect to third party claims against the Contractor, to the fullest extent permitted by law, the Contractor waives any and all rights to any type of express or implied indemnity against the Indemnitees.

10.6. Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Paragraph 10. 463
City of Moreno Valley
Project No. 804 0018
Standard Form of Agreement
00500-12

10.7. No Limitation or Waiver of Rights. Contractor’s obligations under this Paragraph 10 are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Paragraph 10 are separate and independent from the insurance provisions set forth in the Contract Documents, and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Paragraph 10 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

10.8. Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolving such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.

10.9. Survival of Indemnity Obligations. Contractor’s obligations under this Paragraph 10 are binding on Contractor’s and its Subcontractors’ successors, heirs, and assigns and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.

11. SUCCESSORS AND ASSIGNS. The Parties bind themselves, their heirs, executors, administrators, successors and assigns the covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not, either voluntarily or by action of law, assign any right or obligation of the Contractor under the Contract Documents without prior written consent of the City.
(SIGNATURE PAGE FOLLOWS)
464
City of Moreno Valley
Project No. 804 0018
Standard Form of Agreement
00500-13
CITY OF MORENO VALLEY, a Municipal Corporation (Name of Contractor) BY: License No./
Brian Mohan, City Manager Classification:

DATE: Expiration Date:

Federal I.D. No.:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

SIGNING INSTRUCTIONS TO THE CONTRACTOR:

Signature(s) must be accompanied by a completed notary certificate of acknowledgement attached hereto. A general partner must sign on behalf of a partnership. Two (2) corporate officers must sign on behalf of a corporation unless the corporation has a corporate resolution that allows one person to sign on behalf of the corporation; if applicable, said resolution must be attached hereto. The corporate seal may be affixed hereto.

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer
Date
465
City of Moreno Valley
Project No. 804 0018
2246371.3
2246371.3

CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
State of California SAMPLE
County of ______________________
On _________________ before me, _____________________________________________________, (Here insert name and title of the officer)
personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledgement to me that he/she they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
___________________________________ (Notary Seal)
Signature of Notary Public

ADDITIONAL OPTIONAL INFORMATION

INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly appears above in the notary section or a separate acknowledgment form must property completed and attached to that document. The only exception is if a document is recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer).

Please check the document carefully for proper notarial wording and attach this form if required.
 State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment.
 Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed.  The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public).  Print the name(s) of document signer(s) who personally appear at the time of notarization.
 Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording.  The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form.
 Signature of the notary public must match the signature on file with the office of the county clerk.
 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.  Indicate title or type of attached document, number of pages and date.  Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary).  Securely attach this document to the signed document.

DESCRIPTION OF THE ATTACHED DOCUMENT

AGREEMENT SIGNATURE PAGE
(Title or description of attached document)

___________________________________________
(Title or description of attached document continued)
Number of Pages _______
Document Date _______________
_____________________________________________
Additional Information

CAPACITY CLAIMED BY THE SIGNER
 Individual(s)
 Corporate Officer
_____________________________
(Title)
 Partner (s)
 Attorney-in-Fact
 Other __________________________________
466
467
Report to City Council
ID: 26-0383 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
Chairman and Members of the Board of Directors of
the Moreno Valley Public Financing Authority (MVPFA)
FROM: Brian Mohan, City Manager/Executive Director
Felicia London, MPA, Chief Financial Officer/City
Treasurer
Sarah Mack, Chief of Police
Jesse Park, Chief of Fire
AGENDA DATE: October 6, 2026
TITLE: PUBLIC HEARING AUTHORIZING THE ISSUANCE OF

THE MORENO VALLEY PUBLIC FINANCING
AUTHORITY LEASE REVENUE BONDS, SERIES 2026A
(REPORT OF: CITY MANAGER/EXECUTIVE
DIRECTOR) (DISTRICT: ALL DISTRICTS)
TITLE SUMMARY: Public Hearing Authorizing the Issuance of the Moreno Valley Public Financing Authority Lease Revenue Bonds,
Series 2026A
DISTRICT: All Districts
Recommendation(s)
That the City Council and the Moreno Valley Public Financing Authority:

1. Find that the 2026 Project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15183 of the CEQA Guidelines; and

2. Conduct the Public Hearing and accept public testimony regarding the issuance of Moreno Valley Public Financing Authority Lease Revenue Bonds, Series 2026A, in an aggregate principal amount Not to Exceed $150,000,000; and 468
ID: 26-0383 Page 2

3. Adopt Resolution Number 2026-XX, A Resolution of the City Council of the City of Moreno Valley approving the issuance by the Moreno Valley Public Financing Authority of Not to Exceed $150,000,000 Aggregate Principal Amount of Lease Revenue Bonds, Series 2026A to finance certain capital improvements of the City; approving the form of an Official Statement; and authorizing the execution and delivery of necessary documents and the taking of all necessary actions relating to the financing; and

4. Adopt Resolution Number PFA 2026-XX, A Resolution of the Board of Directors of the Moreno Valley Public Financing Authority authorizing the issuance and sale of Not to Exceed $150,000,000 Aggregate Principal Amount of Lease Revenue Bonds, Series 2026A to finance certain capital improvements; of the City of Moreno Valley; approving the form of an Official Statement; and authorizing the execution and delivery of necessary documents and the taking of all necessary actions relating to the financing; and

5. Approve the necessary budget adjustments to allow the recording of the issuance of the bonds and related debt service required for Fiscal Year (FY) 2026/27; and

6. Authorize the necessary additions and budget adjustments to the FY 2026/27 Capital Improvement Plan (CIP) and appropriate $134,360,000 for the new projects; and

7. Authorize the City Manager to execute amendments to all related agreements for the Public Safety Revenue Bonds, Series 2026A, and any associated consultant agreements within the City Council-approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the related agreement(s), subject to the approval of the City Attorney.

SUMMARY
This staff report recommends conducting a Public Hearing and accept public testimony related to the issuance of the Moreno Valley Public Financing Authority Lease Revenue Bonds, Series 2026A, in support of the expansion and enhancement of the Public Safety Campus and other public capital improvements of the City (“2026 Project”), within the City Council-approved annual budgeted amounts, including the authority to authorize the associated purchase order in accordance with the terms of the applicable agreements, subject to the approval of the City Attorney.

DISCUSSION
The City of Moreno Valley has continued to prioritize public safety within the community through a variety of efforts, including long-term planning for future infrastructure development projects, as mentioned in the recently updated General Plan, approved on April 21, 2026 (Moreno Valley 2040 General Plan Update). As the city continues to grow, enhanced public safety services and infrastructure are essential to ensuring that the City can effectively respond to the needs of the growing community. The City of Moreno Valley has experienced significant residential, commercial, and industrial growth, particularly in the eastern portion of the City in recent years. This growth has increased demand for 469
ID: 26-0383 Page 3
police, fire protection, and emergency medical services while expanding the geographic area served by public safety personnel.

The City has continued to address these growing needs through its budget and longrange planning efforts. On May 6, 2025, the City Council approved the Fiscal Years 2025/26 and 2026/27 operating budget, which included additional personnel and equipment for the Police and Fire Departments and planning for a new Public Safety Campus in the eastern portion of the City. In addition, Moreno Valley voters approved Measure U, the Moreno Valley Essential Services Reauthorization Measure, on November 5, 2024, which identified maintaining public safety service levels as a priority.

To further address current and future public safety needs, the City has identified a series of capital investments to expand and enhance its public safety infrastructure. The proposed 2026 bond-funded program includes three primary components: (1) development of an east-end Public Safety Campus; (2) construction of a Corporate Yard fueling station; and (3) improvements to existing public safety facilities, including various fire stations (collectively, “2026 Project”).

The Public Safety Campus is a major component of this initiative and is intended to strategically locate public safety resources closer to areas of continued growth. The Public Safety Campus is proposed to include a joint-use police and fire station, supporting facilities, and related public infrastructure improvements to accommodate personnel, equipment, training, administrative functions, and future operational needs.

The Public Safety Campus will be constructed on City-owned property at the southwest corner of Redlands Boulevard and Brodiaea Avenue. The Public Safety Campus will strengthen the City’s ability to provide efficient public safety services and accommodate anticipated community growth and future service demands.

PROJECT DESCRIPTIONS:

Public Safety Campus
The 2026 bond funded projects (“2026 Project”) consists of a variety of capital projects the City is implementing through a public safety initiative, which consists of three primary components: (1) development of a Public Safety Campus (east) (the “Public Safety Campus”); (2) construction of a Corporate Yard fueling station; and (3) improvements at existing civic center and to various fire stations.

The Public Safety Campus is expected to serve as a centralized public safety hub for the City, consisting of a new joint-use fire and police station, as well as related public infrastructure improvements. The proposed Public Safety Campus will be located on Cityowned land located at the southwest corner of Redlands Boulevard and Brodiaea Avenue, which the City acquired in July 2026.

The proposed Fire Station at the Public Safety Campus is expected to be a two-story, approximately 50,000-square-foot fire station, designed to serve as a regional facility for the Riverside County Fire Department. The Fire Station is expected to include six drive470 ID: 26-0383 Page 4
through apparatus bays supporting Type 1 fire engines, squads, and tiller trucks. The Fire Station will also include fire administration, operational support, and firefighter living quarters.

The proposed Police Station at the Public Safety Campus is expected to be a two-story, approximately 90,000-square-foot Police Station. The Police Station will incorporate controlled public and secure access, a secure perimeter and parking area, and multiple ingress and egress routes, while supporting command staff, administration, patrol, specialized units like traffic and community service, special enforcement teams, investigations, property and evidence, and training.

Other Capital Improvements
In addition to the improvements proposed at the Public Safety Campus, a portion of the proceeds of the Series 2026A Bonds will be used to provide funds to construct a separate fueling station located at the City’s existing Corporate Yard. The fueling station will consist of the construction of a new aboveground fueling facility that will support the City’s growing municipal fleet demands and ensure reliable emergency fueling capabilities for critical operations.

The 2026 Project also includes improvements to Fire Stations 2, 6, 48, 58, 65, 91, and 99, as well as the existing Public Safety Building. The Fire Stations are expected to be retrofitted to fit the increased staffing needs, enhance operational efficiency, and address deferred maintenance. The Fire Station improvements include constructing structural additions to provide improved living, operational, and support spaces for fire personnel.

THE BOND:

The Lease Revenue Bonds, Series 2026A, are proposed to fund the design, acquisition, and construction of capital improvements for the Public Safety Campus and other public improvements (“2026 Project”), which have an estimated cost of $134,360,000. Because interest rates are likely to fluctuate until the proposed day the bonds are sold, City staff recommends a not-to-exceed amount for the 2026 Bonds of $150,000,000, and a not-toexceed interest rate of 5.75% per annum, and a not-to-exceed underwriter’s discount of

0.40% of the aggregate principal amount of the 2026 Bonds to accommodate any changes in investor structuring preferences and/or bond market conditions. It is anticipated that the 2026 Bonds will be structured with bond insurance.

Pursuant to the Lease Agreement, the City is obligated to pay the Series 2026A Installment Payments as the purchase price for certain capital improvements. The obligation of the City to make the Series 2026A Installment Payments is a special obligation of the City solely from the Measure U Revenues, as described in the Lease Agreement. The proposed 2026 Bonds are expected to price in mid-October and close in mid-November 2026.
471
ID: 26-0383 Page 5

ENVIRONMENTAL
The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Although the proposed 2026 Project is a project under CEQA, no further environmental review is required since it is exempt from CEQA review under State CEQA Guidelines Section 15183 (Consistency with a General Plan, Community Plan, or Zoning). State CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects which are consistent with the development density established by an existing community plan, general plan, or zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” On April 21, 2026, a Revised Final Environmental Impact Report (2024 RFEIR) was certified by the City Council as part of the Moreno Valley 2040 General Plan Update (State Clearinghouse No. 2020039022). The 2024 RFEIR provides a programmatic review of the potential impacts associated with the implementation of the overall Moreno Valley 2040 General Plan Update. The following analysis outlines how the proposed 2026 Project is exempt from further environmental analysis pursuant to CEQA Guidelines Section 15183.

Section 15183 Eligibility
The 2026 Project is consistent with the land uses identified for the Public Safety Campus Site, CYFS Site, and the Existing Civic Center Tenant Improvements in the MoVal 2040 General Plan Update. The Public Safety Campus Site has an existing Land Use designation of R5 Residential, R10 Residential, R15 Residential, R20 Residential, and Parks/Open Space and a Zoning designation of R5 Residential, RS 10 Residential Single Family, R15 Residential, R20 Residential, and Open Space. The Public Safety Campus would be permitted under the existing uses and zoning designation and would not require a general plan amendment or zone Change. The CYFS Site has a land use and zoning designation of Public (P). The CYFS would be permitted under the existing uses and zoning designation and would not require a general plan amendment or zone change.

Additionally, as the tenant improvements will be retrofitted to existing infrastructure, they will not require a general plan amendment or zone change.

The Public Safety Campus Site would develop a new public safety facility with associated circulation improvements, fencing, landscaping, and stormwater features, which is within the assumptions of the land use and growth projections of the MoVal 2040 General Plan Update. The CYFS Site would construct a new aboveground fueling facility to support the City’s growing municipal fleet demands and ensure reliable emergency fueling capabilities for critical operations. The tenant improvements will be retrofitted to existing infrastructure and support the long-term growth of the City. Therefore, the MoVal 2040 General Plan Update adequately anticipated and analyzed the impacts of the proposed 2026 Project, identified applicable mitigation measures necessary to reduce impacts of 472
ID: 26-0383 Page 6
the proposed 2026 Project, and the proposed 2026 Project implements the applicable mitigation measures. In light of the foregoing, the proposed 2026 Project qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183.

Specifically, the proposed 2026 Project qualifies for an exemption under CEQA Guidelines Section 15183 for the following reasons:

1. The 2026 Project is consistent with the development density established by existing zoning, community plan and MoVal 2040 General Plan Update policies for which the 2024 RFEIR was certified in that: (a) the 2026 Project is consistent with the development density and intensity evaluated in the 2024 RFEIR; (b) the Public Safety Campus and CYFS would be permitted under the existing uses and zoning designation and would not require a general plan amendment or zone change; and (c) the tenant improvements will be retrofitted to existing infrastructure which does not require a general plan amendment of zone change.

2. There are no 2026 Project specific effects which are peculiar to the 2026 Project or its site which the 2024 RFEIR failed to analyze as significant effects in that: (a) the 2026 Project does not introduce specific environmental effects that were not considered in the 2024 RFEIR; (b) the 2026 Project Site does not contain unique physical or environmental conditions that would result in new or unusual impacts; and (c) the environmental effects of this type of project are already addressed through the MoVal 2040 General Plan Update’s goals and policies.

3. There are no potentially significant off-site and/or cumulative impacts which the 2024 RFEIR failed to evaluate in that: (a) the 2026 Project will not result in new or more severe off-site or cumulative effects than those evaluated in the 2024 RFEIR; (b) cumulative impacts associated with the 2026 Project’s buildout, including transportation activity, air emissions, visual change, and infrastructure demand, are consistent with the effects associated with planned development assumed in the MoVal 2040 General Plan Update which were analyzed and mitigated in the 2024 RFEIR; and (c) the 2026 Project’s low operational intensity further reduces the potential for cumulative impacts, and compliance with the MoVal 2040 General Plan Update’s policies related to stormwater and hillside protection that ensures there will be no downstream or visual effects beyond what was previously evaluated.

4. There is no substantial new information which results in more severe impacts than anticipated by the 2024 RFEIR in that: (a) there is no substantial new information indicating that the 2026 Project will result in more severe impacts than those identified in the 2024 RFEIR; (b) the 2026 Project remains fully within the scope of the development assumed in the MoVal 2040 General Plan Update and continues to implement City standards; and (c) such requirements ensure that environmental effects are consistent with the evaluation previously disclosed in the 2024 RFEIR.

5. The 2026 Project will undertake feasible mitigation measures specified in the 2024 RFEIR in that: (a) the 2024 RFEIR identifies the policies in the MoVal 2040 General 473
ID: 26-0383 Page 7
Plan Update that would reduce environmental effects; and (b) each section of the Exemption Checklist identifies the uniformly applied development policies and standards applicable to the 2026 Project, and how the 2026 Project effects are minimized or avoided by the policy.

Based on the analysis outlined above and the attached supporting documentation, staff recommends that the City Council find and that the Board of Directors acknowledge that no further environmental analysis of the proposed 2026 Project is required pursuant to CEQA Guidelines Section 15183.

ALTERNATIVES

1. Conduct the Public Hearing, accept public testimony related to the issuance of the Moreno Valley Public Financing Authority Lease Revenue Bonds, Series 2026A, and approve the recommended actions as presented in this staff report. Staff recommends this alternative since this action will result in the ability to fund muchneeded infrastructure for the Public Safety Campus and other related Capital Improvement projects.

2. Do not conduct the Public Hearing and provide staff with additional directions. This alternative is not recommended as it will result in the loss of the opportunity to fund much-needed infrastructure for the Public Safety Campus and other related Capital Improvement projects.

FISCAL IMPACT
All related financing costs will be paid from the future Measure U revenue.

NOTIFICATION
California Government Code Section 6066 establishes publication requirements for public notices. A notice of October 6, 2026, public hearing was published in The PressEnterprise on September 27, 2026.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Felicia London, MPA Brian Mohan
Chief Financial Officer/City Treasurer City Manager
Concurred By: Concurred By:

Sarah Mack Launa Jimenez
Chief of Police Assistant City Manager (Administration) Concurred By: Concurred By:

Jesse Park Angel Galache
Chief of Fire Deputy City Manager
474
ID: 26-0383 Page 8
Concurred By: Concurred By:

Patty Yhuit Alan Garcia
Deputy Finance Director (Operations) Financial Operations Division Manager Concurred By:

Mayra Gonzalez
Public Safety Contracts Administrator

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
475
ID: 26-0383 Page 9
Report Approval Details
Document Title: STAFFREPORT_CM_PUBLIC_SAFETY_BOND_.docx Attachments: - Notice of Public Hearing - Posting.pdf
- Moreno Valley Public Safety Campus Section 15183 Checklist.pdf - Apx A - Air Quality GHG Emissions.pdf
- Apx B - Biologically Equivalent or Superior Preservation Report.pdf
- Apx C - Cultural Resources Assessment.pdf
- Apx D - Geotechnical Evaluation.pdf
- Apx E - Preliminary Soils Investigation.pdf
- Apx F - Paleontological Resources Assessment.pdf
- Apx G - Noise and Vibration Analysis.pdf
- Apx H - VMT Analysis.pdf
- City Resolution (Moreno Valley 2026 Lease Revenue Bonds).docx - Authority Resolution (Moreno Valley 2026 Lease Revenue Bonds).docx
- First Supplemental Indenture (Moreno Valley 2026 Lease Revenue Bond).pdf
- First Amendment to Ground Lease (Moreno Valley 2026 Lease Revenue Bonds).pdf
- First Amendment to Lease Agreement (Moreno Valley 2026 Lease Revenue Bonds).pdf
- First Amendment to Assignment Agreement (Moreno Valley 2026 Lease Revenue Bonds).pdf
- Preliminary Official Statement (Moreno Valley 2026 Lease Revenue Bonds).pdf
- Bond Purchase Agreement - Moreno Valley PFA Lease Revenue Bonds 2026A.pdf
Final Approval
Date:

Oct 1, 2026
This report and all of its attachments were approved and signed as outlined below:

No Signature found
Angel Galache
No Signature found
Mayra Gonzalez
No Signature - Task assigned to Sarah Mack was completed by workflow administrator Patty Rodriguez
476
ID: 26-0383 Page 10
Sarah Mack
No Signature found
Jesse Park
Brian Mohan
Anna Chacon
Felicia London, MPA
No Signature - Task assigned to Launa Jimenez was completed by workflow administrator Patty Rodriguez
Launa Jimenez
Patty Rodriguez
477
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Moreno Valley (5209144)
PO BOX 88005
MORENO VALLEY, California 92552
Publication: The Press-Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011813100
FILE NO. 0011813100

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the aboveentitled matter. I am an authorized representative of THE PRESSENTERPRISE, a newspaper of
general circulation, printed and
published daily in the County of
Riverside, and which newspaper has
been adjudicated a newspaper of
general circulation by the Superior
Court of the County of Riverside, State
of California, under date of April 25,
1952, Case Number 54446, under
date of March 29, 1957, Case Number
65673, under date of August 25, 1995,
Case Number 267864, and under date
of September 16, 2013, Case Number
RIC 1309013; that the notice, of which
the annexed is a printed copy, has
been published in said newspaper in
accordance with the instructions of the
person(s) requesting publication, and
not in any supplement thereof on the
following dates, to wit:
09/27/2026
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: September 27, 2026.

At: Riverside, California
______________________________
Signature
Public Financing Authority Lease Revenue Bond - Page 1 of 1 478

COMMUNITY PLAN EXEMPTION CHECKLIST
CEQA GUIDELINES SECTION 15183

PUBLIC SAFETY CAMPUS
Lead Agency:

City of Moreno Valley
Community Development Department
Planning Division
14177 Frederick Street
P.O. Box 8805
Moreno Valley, CA 92552-0805
Prepared by:

Kimley-Horn and Associates, Inc.
660 South Figueroa Street, Suite 2100
Los Angeles, CA 90017
P 213.261.4040
SEPTEMBER 2026
479
CEQA Guidelines Section 15183 Analysis i Public Safety Campus Project City of Moreno Valley September 2026

TABLE OF CONTENTS
Section Page
TABLE OF CONTENTS................................................................................................................................i

1.0 Introduction ............................................................................................................................... 1

1.1 Project Site Location And Existing Conditions ................................................................. 1

1.2 Project Description......................................................................................................... 6

2.0 Evaluation Format.................................................................................................................... 11

2.1 CEQA Guidelines Section 15183.................................................................................... 12

2.2 City of Moreno Valley General Plan .............................................................................. 12

2.3 California Environmental Quality Act Compliance......................................................... 13

3.0 Environmental Factors Potentially Affected............................................................................. 16

4.0 Environmental Checklist and Evaluation .................................................................................. 17

4.1 Aesthetics..................................................................................................................... 17

4.2 Agriculture and Forestry Resources.............................................................................. 25

4.3 Air Quality .................................................................................................................... 31

4.4 Biological Resources..................................................................................................... 49

4.5 Cultural Resources........................................................................................................ 61

4.6 Energy.......................................................................................................................... 71

4.7 Geology and Soils......................................................................................................... 80

4.8 Greenhouse Gas Emissions........................................................................................... 92

4.9 Hazards and Hazardous Materials................................................................................. 99

4.10 Hydrology and Water Quality ..................................................................................... 112

4.11 Land Use and Planning ............................................................................................... 125

4.12 Mineral Resources...................................................................................................... 129

4.13 Noise.......................................................................................................................... 132

4.14 Population and Housing.............................................................................................. 145

4.15 Public Services............................................................................................................ 149

4.16 Transportation and Traffic.......................................................................................... 156

4.17 Tribal Cultural Resources............................................................................................ 165

4.18 Utilities and Service Systems...................................................................................... 170

4.19 Wildfire...................................................................................................................... 178

5.0 Preparers................................................................................................................................ 187

5.1 Lead Agency............................................................................................................... 187

5.2 Exemption Checklist Preparation................................................................................ 187

6.0 References ............................................................................................................................. 188 480
CEQA Guidelines Section 15183 Analysis ii Public Safety Campus Project City of Moreno Valley September 2026
List of Figures
Figure Page
Figure 1: Regional Location Map.............................................................................................................. 3 Figure 2: Public Safety Campus Site......................................................................................................... 4 Figure 3: Corporate Yard Fueling Station Site.......................................................................................... 5 List of Tables
Table Page
Table 1: Project Construction Emissions (Maximum Daily Pounds per Day) ........................................... 40 Table 2: Project Operational Emissions (Maximum Daily Pounds per Day)............................................. 41 Table 3: Equipment-Specific Grading Rates............................................................................................ 43 Table 4: Localized Significance of Construction Emissions...................................................................... 43 Table 5: Localized Significance of Operational Emissions........................................................................ 45 Table 6: CNDDB Threatened and Endangered Species............................................................................ 52 Table 7: Construction Greenhouse Gas Emissions.................................................................................. 95 Table 8: Total Project Greenhouse Gas Emissions.................................................................................. 95 Table 9: Existing Noise Measurements................................................................................................. 136 Table 10: Project Construction Noise Levels......................................................................................... 137 Table 11: Composite On-Site Operational Noise Levels – Daytime ....................................................... 138 Table 12: Composite On-Site Operational Noise Levels – Nighttime..................................................... 138 Table 13: Typical Construction Equipment Vibraration Levels.............................................................. 140 Table 14: Project Trip Generation Summary ........................................................................................ 158 Appendices
Appendix A Air Quality and Greenhouse Gas Emissions Analysis Appendix B Biologically Equivalent or Superior Preservation Report Appendix C Cultural Resources Assessment
Appendix D Geotechnical Evaluation
Appendix E Preliminary Soil Investigation
Appendix F Paleontological Resources Assessment
Appendix G Noise and Vibration Analysis
Appendix H Vehicle Miles Traveled Analysis Memorandum
481

1.0 | Introduction
CEQA Guidelines Section 15183 Analysis 1 Public Safety Campus Project City of Moreno Valley September 2026

1.0 INTRODUCTION
The City of Moreno Valley (City) proposes to implement the Public Safety Campus Project (Project), which consists of three primary components: (1) development of a Public Safety Campus(PSC); (2) construction of a Corporate Yard Fueling Station (CYFS); and (3) tenant improvements at existing civic center facilities throughout the City. These improvements would accommodate a range of civic uses identified in the City’s Capital Improvement Plan (CIP) and are intended to enhance emergency response capabilities, improve operational efficiency, and support the City’s growing public safety and municipal service needs as the City continues to grow. The Project also includes improvements to a drainage culvert and roadway improvements on nearby streets. The Project would encompass approximately 60.37 acres at various locations throughout the City as further discussed below (together, the “Project Site”). 1 1.1 PROJECT SITE LOCATION AND EXISTING CONDITIONS
The City is located in the western part of Riverside County. Interstate 215 (I-215) lies west of the City and State Route 60 (SR 60) runs through the northern portion of the City; see Figure 1: Regional Location Map.

1.1.1 Public Safety Campus
The PSC would be located on City-owned vacant land located at the southwest corner of Redlands Boulevard and Brodiaea Avenue (PSC Site); see Figure 2: Public Safety Campus Project Site. The PSC Site is traversed by Redlands Boulevard and is bordered by Brodiaea Avenue and residential development to the north, Cactus Avenue and residential uses to the south, Wilmot Street, residential uses, and vacant land to the west. The PSC would be developed on 17 City-owned parcels (Assessor Parcel Numbers [APNs] 478-110-001, -002, -003, 004, 005, 006, -007; 478-120-001, -002, -005, -006, -007, -008, -017, -018, -025, and -027), encompassing approximately 56.8 acres. Of those parcels, 43.2 acres are located west of Redlands Boulevard and 13.6 are located east of Redlands Boulevard.

The PSC Site generally slopes from north/northeast to southwest, with the highest ground level elevation of approximately 1,586 feet above mean sea level (amsl) and the lowest ground level elevation of approximately 1,574 feet amsl. There is an existing unimproved drainage channel that transects the northeast to southwest portion of the PSC Site. There is an existing flood control/diversion berm/dike in the western portion of the PSC Site, oriented north/south and elevated approximately maximum of five to six feet higher than adjacent grade. The onsite berm/dike and the unimproved channel directly flows to the Cactus Avenue drainage crossing near the corner of Cactus and Wilmot. Regional access to the Public Safety Campus is provided by SR 60 and I-215, located 1.8-miles to the north and 6.9-miles to the west, respectively.
1 The Project would encompass approximately 60.37 acres; however, 3.35 acres would consist of tenant improvements to existing facilities. 482

1.0 | Introduction
CEQA Guidelines Section 15183 Analysis 2 Public Safety Campus Project City of Moreno Valley September 2026

1.1.2 Corporate Yard Fueling Station
The CYFS would be constructed on the northern portion of the City’s existing Corporate Yard (APNs 478- 170-018, -019, -020, -026, -028, -029, -030, -031, and -032) at 25180 Santiago Drive (CYFS Station Site); see Figure 3: Corporate Yard Fueling Station. The CYFS Site would comprise approximately 0.22 acres of the City’s existing Corporate Yard. Access to the CYFS is provided via two driveways off Santiago Drive.

1.1.3 Existing Civic Center Tenant Improvements
The Project would include upgrades to the following existing civic center uses at the following locations:
• Fire Station Improvements: Fire Station Nos. 2, 6, 48, 58, 65, 91, and 99, located throughout the City (APNs: 481-322-044, 291-650-017, 260-460-009, 488-330-001, 485-042-029, 308-030-018, and 487-370-018).
• Animal Shelter Improvements: The existing animal shelter is located at 14041 Elsworth Street (APNs: 297-210-009 and 297-210-010). The existing Moreno Valley Animal Shelter is bounded by commercial development and Alessandro Boulevard to the North, Elsworth Street to the east, Business Center Drive the South, and commercial development to the west. • Existing Public Safety Building Improvements: The existing Public Safety Building is located at 22850 Calle San Juan De Los Lagos (APN: 297-14-020).
• Existing Emergency Operation Center Improvements: The Existing Emergency Operations Center is located at 22870 Calle San Juan De Los Lagos (APN: 297-14-020).

Together, the Civic Center Tenant Improvements total approximately 3.35 acres. The tenant improvements would be retrofits to existing infrastructure and the buildings and would not require a General Plan Amendment (GPA) or Zone Change.
483
SOURCE: ArcGIS Pro, 2026
FIGURE 1: Regional Location Map

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SOURCE: ArcGIS Pro, 2026
FIGURE 2: Public Safety Campus Site

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SOURCE: ArcGIS Pro, 2026
FIGURE 3: Corporate Yard Fueling Station Site

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Kimley»Horn 486

1.0 | Introduction
CEQA Guidelines Section 15183 Analysis 6 Public Safety Campus Project City of Moreno Valley September 2026

1.2 PROJECT DESCRIPTION

1.2.1 Project Overview
Public Safety Campus
The Project would include the development and operation of a PSC, which would establish a centralized public safety hub, consisting of a new joint-use fire and police station, Emergency Operations Center (EOC), and a regional animal shelter. The PSC would improve interdepartmental coordination, increase operational efficiency, strengthen emergency preparedness, and provide enhanced public safety services for the City and surrounding region. The primary components of the PSC site are further described below.

Fire Station
The Project proposes a two-story, 50,000 square foot (sf) fire station, designed to serve as a regional facility for the Riverside County Fire Department (RCFD). The fire station would accommodate approximately 58 employees by 2040. The fire station would include six drive-through apparatus bays supporting Type 1 fire engines, squads, and tiller trucks. Apparatus bay support functions would include equipment and maintenance infrastructure, gear storage, decontamination, medical storage, regional hazardous materials support, and general personnel support. The fire station would also accommodate reserve apparatus, equipment and trailers, secure staff and command parking, and regional staging and Incident Command Post (ICP) functions.

The fire station would include fire administration, operational support, and firefighter living quarters.

Living areas would include bunk rooms/sleeping quarters, bathrooms and showers, kitchen, dining and day room functions, clean-side laundry, and associated support spaces. These areas would be located to provide rapid access to the apparatus bays while minimizing sound transfer between operational and sleeping areas.

Police Station
The Project would include a two-story, 90,0000 sf police station that would serve as a secure law enforcement facility with operational capacity comparable to that of the City's existing police station. The police station would accommodate approximately 210 employees by 2040. The police station would incorporate controlled public and secure access, a secure perimeter and parking area, and multiple ingress and egress routes while supporting command staff, administration, patrol, specialized units like traffic and community service, special enforcement teams, investigations, property and evidence, and training. A dedicated processing and holding area would be included with physically separated accommodations for juvenile detainees in accordance with applicable standards.

The police station would provide specialized operational, training, and technology spaces, including a RealTime Crime Center (RTCC), Incident Command Center, dedicated Drone Program operations, armory and weapons maintenance areas, briefing and report-writing spaces, and a defensive tactics training room designed for both mat-based training and simulation exercises. 487

1.0 | Introduction
CEQA Guidelines Section 15183 Analysis 7 Public Safety Campus Project City of Moreno Valley September 2026
Additional spaces would support hard and soft interview functions, property and evidence processing and storage, staff locker and wellness areas, functional fitness, and community and multi-purpose training functions. Secure site areas would accommodate fleet and personal staff vehicles, motorcycles, traffic enforcement vehicles, specialized equipment and response vehicles, and provide dedicated holdingrelated parking stalls. The facility would enhance operational efficiency, maintain appropriate separation between public and secure pedestrian and vehicular circulation, enhance officer safety and emergency response capabilities, and promote community engagement while supporting the City's long-term public safety needs.

Emergency Operations Center
The Project would also include a two-story 30,000 sf EOC that would serve as the City's primary emergency management and incident coordination facility. The EOC would accommodate five full-time staff members, enhancing the capabilities of the City's existing emergency operations facilities. The EOC would be designed to support coordinated response and recovery efforts during emergencies, disasters, and other major incidents.

Animal Shelter
The Project would develop a two-story, 65,000 sf regional animal shelter that would occupy a range of six to eight-acres of the PSC. The animal shelter would accommodate approximately 58 full-time staff members by 2040. The animal shelter would be designed to provide comprehensive animal care, adoption services, veterinary support, and community outreach functions. Key public and operational spaces would include a welcoming public lobby, dedicated adoption areas, a low-cost veterinary clinic, volunteer space, an administrative office hub, and a conference room with capacity for approximately 75 people.

Infrastructure Improvements
The PSC would incorporate supporting infrastructure, including an approximately 100-foot communications tower to provide reliable Citywide radio and data communications, that would ensure continuity of operations during emergency events. The PSC would also include a shared utility yard, approximately 3,000 sf to support all facilities on the PSC Site.

The PSC Site would also include site lighting, secure fencing and controlled-access gates, electric vehicle (EV) charging stations, ADA-compliant parking spaces and pedestrian pathways, emergency generators, fuel storage, general storage facilities, and other operational support amenities required for fire, police, and animal shelter functions. Additionally, covered parking areas may incorporate solar photovoltaic panels to support energy efficiency and sustainability goals.

Additional PSC Site improvements would include landscaping, hardscape, irrigation systems, site lighting, secure fencing and controlled-access gates, EV charging stations, ADA-compliant parking spaces and pedestrian pathways, emergency generators, fuel storage, general storage facilities, and other operational support amenities required for fire, police, and animal shelter functions. 488

1.0 | Introduction
CEQA Guidelines Section 15183 Analysis 8 Public Safety Campus Project City of Moreno Valley September 2026
Improvements to the existing on-site drainage channel would be constructed east of Redlands Boulevard and would extend beneath Redlands Boulevard, allowing stormwater flows to be conveyed across the roadway in a controlled manner. The PSC would leave a 30-foot buffer between the existing on-site drainage culvert and the Project Site development. The Project would also incorporate improvements to the existing on-site drainage channel to enhance flood protection and accommodate the proposed campus facilities in accordance with the Riverside County Flood Control and Water Conservation District's master plan. These drainage improvements would improve Project Site resiliency and reduce potential floodrelated impacts to critical public safety infrastructure.

Off-site roadway improvements would include full-width improvements along Brodiaea Avenue from Wilmot Street to Redlands Boulevard and along Wilmot Street from Brodiaea Avenue to Cactus Avenue.

Half-street improvements would be constructed along Redlands Boulevard from Campbell Avenue to Cactus Avenue and along Cactus Avenue from Redlands Boulevard to Goldenrod Street. Street improvements include new curbs, gutters, sidewalks, landscape, lighting, signage, pavement, and associated drainage facilities to accommodate new, improved roads. To improve traffic operations and enhance emergency response access, three new traffic signals would be installed at the intersections of Brodiaea Avenue and Redlands Boulevard, Redlands Boulevard and Cactus Avenue, and Cactus Avenue and Wilmot Street.

Corporate Yard Fueling Station
In addition to the improvements proposed at the PSC Site, the City would also construct the CYFS, a new aboveground fueling facility that would support the City’s growing municipal fleet demands and ensure reliable emergency fueling capabilities for critical operations. The CYFS would include the excavation and disposal of existing surface materials, followed by construction of two monolithic structural concrete pads extending two feet beyond each tank footprint. The unleaded gasoline tank pad would measure approximately 17 feet by 12 feet and would be protected by sixteen eight-inch-diameter concrete-filled steel bollards spaced four feet on center. The diesel tank pad would measure approximately 12 feet by 10 feet and would be protected by twelve similarly configured bollards.

The CYFS would include 4,000-gallon UL 2085 aboveground unleaded gasoline storage tank equipped with four tank-mounted dispensing pumps and a 1,000-gallon UL 2085 aboveground diesel storage tank equipped with two tank-mounted dispensing pumps. Both systems would include all associated components required for safe and compliant operation, including venting systems, fill assemblies, spill containment, overfill prevention devices, monitoring equipment, and fuel management controls.

The CYFS would be integrated with two Gasboy EKOS fuel management systems to provide secure fuel tracking, inventory management, and operational oversight. The contractor would be responsible for complete system installation, startup, programming, calibration, testing, commissioning, and coordination of all required regulatory inspections to ensure the fueling facility is fully operational and compliant with applicable standards.
489

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CEQA Guidelines Section 15183 Analysis 9 Public Safety Campus Project City of Moreno Valley September 2026
Civic Center Tenant Improvements
The Project would provide upgrades and improvements to the existing fire stations, animal shelter, Public Safety Building, and EOC. Fire Stations Nos. 2, 6, 48, 58, 65, 91, and 99, would be retrofitted to fit the increased staffing needs, enhance operational efficiency, and address deferred maintenance. The fire station improvements would include the construction of structural additions to provide improved living, operational, and support spaces for fire personnel.

Facility expansions would include new dedicated living quarters and additional space to support expanded staffing levels and emergency response operations. Improvements would include the addition of one to two sleeping quarters equipped with beds, personal storage lockers, and six-bay turnout gear lockers to improve organization, readiness, and firefighter support functions. Additional modifications would provide improved accommodation for personnel and expanded capacity for assigned emergency response resources.

Interior renovations would modernize crew quarters and operational areas by upgrading finishes, equipment, and building systems to improve hygiene, comfort, and functionality. Improvements would also include complete kitchen remodels to increase food storage capacity and better support larger crews during extended operations. Deferred maintenance improvements would include replacement of high-use furnishings, such as station recliners and mattresses, as well as installation of extensions to the Plymovent vehicle exhaust extraction system within apparatus bays to improve air quality and reduce exposure to vehicle emissions.

The contractor would provide all structural, mechanical, electrical, and interior improvements necessary to deliver fully functional, modernized fire facilities that enhance firefighter health and safety, operational readiness, and the City's emergency response capabilities.

Improvements to the existing animal shelter would ensure disaster readiness and would ensures that the City is to meeting modern animal care standards and emergency preparedness needs. As part of the animal shelter tenant improvements, the Project would be upgraded to include a secure block wall and controlled security gate. The existing animal shelter site would be developed to house both large and small livestock during disasters, with the addition of barns, corrals, dedicated water sources, and adequate access for vehicles and trailers. Additionally, the front entrances to the Animal Shelter and the Animal Clinic would be redesigned as a single, unified main entrance. This improvement would streamline customer flow, enhance safety, and allow the existing shelter lobby to be combined with the Clinic to support a larger, more functional veterinary service area for the public.

The Project would also provide various improvements to the existing Public Safety Building and existing EOC, designed to enhance working space efficiency and public services. 490

1.0 | Introduction
CEQA Guidelines Section 15183 Analysis 10 Public Safety Campus Project City of Moreno Valley September 2026

1.2.2 Access and Circulation
Public Safety Campus
Circulation at the PSC Site would be designed to accommodate fire apparatus, police vehicles, emergency response units, and large animal transport vehicles required during regional emergency evacuations. The Project would include dedicated parking facilities and surface parking areas for fire personnel, police staff, animal shelter employees, visitors, and other authorized users.

The PSC would be designed to support emergency response operations, public access, and long-term facility functionality. Circulation at the PSC would be designed to accommodate fire apparatus, police vehicles, emergency response units, and large animal transport vehicles required during regional emergency evacuations. The Project would include dedicated parking facilities and surface parking areas for fire personnel, police staff, animal shelter employees, visitors, and other authorized users. Covered parking areas may incorporate solar photovoltaic panels to support energy efficiency and sustainability goals.

Corporate Yard Fueling Station and Civic Center Tenant Improvements Circulation at the CYFS would be designed to accommodate the City’s growing municipal fleet. The incorporation of the CYFS would not result in changes to existing access and circulation at the Corporate Yard. Ingress and egress to the CYFS Site would be provided via two existing driveways located on Santiago Drive as provided by existing conditions. There would be no changes to existing access and circulation to the various tenant improvements proposed by the Project.

1.2.3 Construction Characteristics
Construction of the Project would commence as early as October 2027 and is expected to be completed by the end of 2029, with a total duration of approximately 27 months. Construction of the PSC includes site preparation, grading, building construction, paving, and architectural coating. Construction of the CYFS includes demolition, site preparation, grading, and building construction. The Project also includes improvements along Brodiaea Avenue, Wilmot Street, Cactus Avenue, and Redlands Boulevard. The analysis in this Exemption Checklist conservatively assumed that all construction equipment operated during construction of each individual component would be operated simultaneously and that all components of the Project would begin construction in October 2027. 491

2.0 | Evaluation Format
CEQA Guidelines Section 15183 Analysis 11 Public Safety Campus Project City of Moreno Valley September 2026

2.0 EVALUATION FORMAT
This Community Plan Exemption Checklist (Exemption Checklist) provides an analysis of potential environmental impacts resulting from the Project. Following the format of California Environmental Quality Act (CEQA) Guidelines Appendix G Checklist, environmental effects are evaluated to determine if the Project would result in a potentially significant impact triggering additional review under CEQAGuidelines Section 15183. Each section includes a table at the beginning of the section that identifiesthe effect ofthe Project as categorized into one of the following categories of possible determinations:

Project Peculiar
Impact that is not
Substantially
Mitigated by
Uniformly Applied
Policies
Significant Impact
not Analyzed as
Significant in the
General Plan EIR
Potentially
Significant Offsite or
Cumulative Impact
not Discussed in the
General Plan EIR
Adverse Impact
More Severe Based
on Substantial New
Information
No New Impact
Each of the table categories are further defined below:
• Items checked “Peculiar Impact that is not Substantially Mitigated by Uniformly Applied Policies” indicates that the Project could result in a peculiar impact, including a physical change that belongs exclusively or especially to the Project or that is a distinctive characteristic of the Project or the Project Site and that peculiar impact is not substantially mitigated by the imposition of the City’s uniformly applied development policies or standards (UADPS), which includes General Plan policies, the Moreno Valley Municipal Code (Municipal Code) standards, and other related Citywide or local plan requirements. (CEQA Guidelines Section 15183(b)(1)(f))
• Items checked “Significant Impact not Analyzed as Significant in the General Plan EIR” indicates that the Project could result in a significant effect that was not analyzed as significant in the 2024 Revised Final Program Environmental Impact Report (2024 RFEIR) of the MoVal 2040 Project (MoVal 2040 Project)(State Clearinghouse [SCH] No. 2020039022). Such a Project impact is not significant if it can be substantially mitigated by the imposition of UADPS. (CEQA Guidelines Section 15183(b)(2),(c),(f)) • Items checked “Potentially Significant Offsite or Cumulative Impact not Discussed in the General Plan EIR” indicates the Project could result in a significant offsite or cumulative impact that was not discussed in the 2024 RFEIR. Such an offsite or cumulative Project impact is not significant if it can be substantially mitigated by the imposition of UADPS. (CEQA Guidelines Section 15183(b)(3),(c),(f)) • Items checked “Adverse Impact More Severe Based on Substantial New Information” indicates that there is new information that leads to a determination that the Project impact is more severe than discussed in the 2024 RFEIR. Such an impact is not more severe if it can be substantially mitigated by the imposition of UADPS. (CEQA Guidelines Section 15183(b)(4)(c)(f)).
• Items checked “No New Impact” indicates that potential impacts from the Project have been adequately analyzed and/or mitigated in the 2024 RFEIR.
492

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CEQA Guidelines Section 15183 Analysis 12 Public Safety Campus Project City of Moreno Valley September 2026
A project does not qualify for a Community Plan Exemption if it is determined that it would result in one or more of the following: 1) a peculiar impact that was not identified as a significant impact in the 2024 RFEIR; 2) a significant impact was not analyzed as significant in the 2024 RFEIR; 3) a potentially significant offsite impact or cumulative impact not discussed in the 2024 RFEIR; or 4) a more severe impact due to substantial new information that was not known at the time the 2024 RFEIR was certified. However, if a project having any of the foregoing impacts can be substantially mitigated through the imposition of UADPS. The applicable UADPS that are applicable to the proposed Project are included within this analysis.

2.1 CEQA GUIDELINES SECTION 15183
This analysis in this Exemption Checklist evaluates whether the potential environmental impacts of the Project are addressed in the 2024 RFEIR of the MoVal 2040 Project pursuant to the CEQA Guidelines Section 15183. Asset forth in California Public Resources Code (PRC) Section 21083.3 and CEQAGuidelines Section 15183, projects that are “consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site” (CEQA Guidelines Section 15183(a) and PRC Section 21083.3(b)). The CEQA Guidelines further state that “[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantiallymitigated by the imposition of uniformly applied development policies or standards[…] then an additional EIR need not be prepared for the project solely on the basis of that impact” (CEQA Guidelines Section 15183(c)).

2.2 CITY OF MORENO VALLEY GENERAL PLAN
The MoVal 2040 General Plan Update (MoVal 2040 GPU) was adopted, and the corresponding environmental document (the 2024 RFEIR) was certified by the Moreno Valley City Council (City Council) in 2026. The MoVal 2040 GPU serves as the guide for the future growth and development of the City over the next 20 years, which induces implementation of five new General Plan land use designations consisting of Business-Flex, Corridor Mixed Use, Center Mixed Use, Downtown Center, and Highway Office/Commercial.

The 2024 RFEIR reported that buildout of the MoVal 2040 Project would generate approximately 43,882 new residents within the Planning Area by 2040, which would necessitate construction of additional fire stations and police facilities. The 2024 RFEIR notes that the Moreno Valley Fire Department (MVFD) has identified potential locations for new or expanded fire stations in the MVFD Strategic Plan. Similarly, for police services, the 2024 RFEIR also notes that the City is planning an expansion of the Civic Center complex that would include a remodeled Public Safety Building capable of accommodating roughly 600 total personnel, as well as a satellite police substation in the southeastern part of the City to serve the anticipated demand from new development. As such, development of a Public Safety Building, similar to the proposed PSC, was anticipated to be developed as part of the buildout of the MoVal 2040 GPU. 493

2.0 | Evaluation Format
CEQA Guidelines Section 15183 Analysis 13 Public Safety Campus Project City of Moreno Valley September 2026

2.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
CEQA Guidelines Section 15183 mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This exemption streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. This exemption applies to projects which meet the following conditions:

1. The project is consistent with:
a. A community plan adopted as part of a general plan,
b. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or
c. A general plan of a local agency

2. An EIR was certified by the lead agency forthe zoning action, the community plan, or the general plan.

Additionally, the exemption applies only to the extent that all feasible mitigation measures identified in the applicable general plan are implemented by the public agency with jurisdiction to require such mitigation measures (CEQA Guidelines Section 15183(e)).

The 2024 RFEIR analyzed the potential impacts of implementation of the City’s MoVal 2040 GPU and concluded that implementation of the policies in the MoVal 2040 GPU would mitigate most potential environmental impacts to less than significant. Impacts to Agriculture and Forestry, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Noise, and Transportation were identified as Significant and Unavoidable for the growth allowed by the GPU.

As discussed in this analysis, the Project is consistent with the land uses identified for the PSC Site, CYFS Site, and the Existing Civic Center Tenant Improvements in the MoVal 2040 GPU. The PSC Site has an existing Land Use designation of R5 Residential, R10 Residential, R15 Residential, R20 Residential, and Parks/Open Space and a Zoning designation of R5 Residential, RS 10 Residential Single Family, R15 Residential, R20 Residential, and Open Space.
2, 3 The PSC would be permitted under the existing uses and zoning designation and would not require a GPA or Zone Change. 4 The CYFS Site has a land use and zoning designation of Public (P). The CYFS would be permitted under the existing uses and zoning designation and would not require a General Plan Amendment or Zone Change. Additionally, as the tenant improvements would be retrofits to existing infrastructure, they would not require a GPA or Zone Change.

The PSC Site would develop a new public safety facility with associated circulation improvements, fencing, landscaping, and stormwater features, which is within the assumptions of the land use and growth 2 City of Moreno Valley, General Plan Land Use, https://moval.gov/cdd/documents/general-plan2040/GP-LandUseMap.pdf. Accessed August 18, 2026 3 City of Moreno Valley, Zoning, https://moval.geocortex.com/Html5Viewer/index.html?viewer=comv_hv. Accessed August 18, 2026. 4 City of Moreno Valley, Permitted Uses, https://moval.gov/cdd/pdfs/projects/mv2040/PermittedUses.pdf. Accessed August 18, 2026. 494

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CEQA Guidelines Section 15183 Analysis 14 Public Safety Campus Project City of Moreno Valley September 2026
projections of the General Plan. The CYFS Site would construct a new aboveground fueling facility to support the City’s growing municipal fleet demands and ensure reliable emergency fueling capabilities for critical operations. The tenant improvements would retrofit existing infrastructure and support the longterm growth of the City. Therefore, the MoVal 2040 GPU adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183.

Specifically, the proposed Project qualifiesfor the exemption for the following reasons:

1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project is consistent with the development density and intensity evaluated in the 2024 RFEIR. The PSC and CYFS would be permitted under the existing uses and zoning designation and would not require a GPA or Zone Change.

Additionally, as the tenant improvements would be retrofits to existing infrastructure, they would not require a GPA or Zone Change.

2. There are no Project specific effects which are peculiar to the Project or its site, and which the 2024 RFEIR failed to analyze as significant effects. The Project does not introduce Project specific environmental effects that were not considered in the 2024 RFEIR. The Project Site does not contain unique physical or environmental conditions that would result in new or unusual impacts. The environmental effects of this type of Project are already addressed through General Plan goals and policies.

3. There are no potentially significant off-site and/or cumulative impacts which the 2024 RFEIR failed to evaluate. The Project would not result in new or more severe off-site or cumulative effects than those evaluated in the 2024 RFEIR. Cumulative impacts associated with the Project’s buildout, including transportation activity, air emissions, visual change, and infrastructure demand, are consistent with the effects associated with planned development assumed in the GPU, and thus, are already analyzed and mitigated in the 2024 RFEIR. The Project’s low operational intensity further reduces the potential for cumulative impacts, and compliance with General Plan policies related to stormwater and hillside protection ensures no downstream or visual effects beyond what was previously evaluated.

4. There is no substantial new information which results in more severe impacts than anticipated by the 2024 RFEIR. There is no substantial new information indicating that the Project would result in more severe impacts than those identified in the 2024 RFEIR. The Project remains fully within the scope of the development assumed in the GPU and continues to implement City standards. These requirements ensure that environmental effects are consistent with the evaluation previously disclosed in the 2024 RFEIR.

5. The Project will undertake feasible mitigation measures specified in the 2024 RFEIR. As described above, the 2024 RFEIR identifies the policies in the GPU that would reduce environmental effects. 495

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CEQA Guidelines Section 15183 Analysis 15 Public Safety Campus Project City of Moreno Valley September 2026
Each section of the Exemption Checklist identifies the UADPS applicable to the Project, and how the Project effects are minimized or avoided by the policy. 496

3.0 | Environmental Factors Potentially Affected
CEQA Guidelines Section 15183 Analysis 16 Public Safety Campus Project City of Moreno Valley September 2026

3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
Aesthetics Greenhouse Gas Emissions Public Services
Agriculture & Forestry
Resources
Hazards & Hazardous
Materials Recreation
Air Quality Hydrology / Water Quality Transportation
Biological Resources Land Use / Planning Tribal Cultural Resources Cultural Resources Mineral Resources Utilities / Service Systems Energy Noise Wildfire
Geology / Soils Population / Housing Mandatory Findings of Significance

DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)
On the basis of this initial evaluation:

The proposed Project WOULD NOT result in: 1) a peculiar impact that was not identified as a significant impact under the prior EIR; 2) a significant impact that was not analyzed as significant in the prior EIR; 3) a potentially significant offsite impact or cumulative impact not discussed in the prior EIR; or 4) a more severe impact due to substantial new information that was not known at the time the prior EIR. NO FURTHER ACTION is required and a Notice of Determination (Section 15094) will be filed indicating that the project IS ELIGIBLE for an EXEMPTION under CEQA Guidelines Section 15183.

The proposed Project would result in: 1) a peculiar impact that was not identified as a significant impact under the prior EIR; 2) a significant impact that was not analyzed as significant in the prior EIR; 3) a potentially significant offsite impact or cumulative impact not discussed in the prior EIR; or 4) a more severe impact due to substantial new information that was not known at the time the prior EIR. I find that FURTHER ENVIRONMENTAL REVIEW is necessary to analyze those effects that are subject to CEQA, and therefore, this Project is NOT Eligible for an EXEMPTION under CEQA Guidelines Section 15183.

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SIGNATURE DATE
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Angelica Frausto-Lupo Community Development Director
September 30, 2026
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CEQA Guidelines Section 15183 Analysis 17 Public Safety Campus Project City of Moreno Valley September 2026

4.0 ENVIRONMENTAL CHECKLIST AND EVALUATION
This section provides evidence to substantiate the conclusions in the environmental checklist. The section briefly summarizes the conclusions of the 2024 RFEIR for each topic, followed by discussion of whether the proposed Project is consistent with the conclusions in the 2024 RFEIR, or if further analysis is required pursuant to CEQA. Each section also identifies the 2024 RFEIR mitigation measures and the City’s UADPS applicable to the Project. As such, mitigation measures referenced herein are from the 2024 RFEIR.

4.1 AESTHETICS
Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
AESTHETICS – Would the project:
a. Have a substantial adverse effect on a
scenic vista?
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings
within a State scenic highway?

c. In non-urbanized areas, substantially
degrade the site’s existing visual
character or quality of public views and
its surroundings? (Public views are
those that are experienced from
publicly accessible vantage point). If the
project is in an urbanized area, would
the project conflict with applicable
zoning and other regulations governing
scenic quality?

d. Create a new source of substantial light
or glare, which would adversely affect
day or nighttime views in the area?

4.1.1 Summary of Impacts Identified in the 2024 RFEIR
The 2024 RFEIR concluded that impacts regarding scenic vistas, visual character, and glare impacts would be less than significant and no mitigation was required. There would be no impact regarding scenic resources within a State scenic highway because there are no State-designated or eligible scenic highways within the Planning Area for the 2024 RFEIR. Compliance with local plans; the Municipal Code, requiring Vv .
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standard design measures as well as lighting and landscaping requirements; Title 24 of the California Building Standards Code (CBC), which serves as the basis for the design and construction of buildings in California; and the MoVal 2040 GPU policies would be required for future development under the MoVal 2040 GPU. Therefore, with consistency with all relevant regulations, impacts related to aesthetics would be less than significant.

Mitigation Measures: No 2024 RFEIR mitigation measures are applicable to the proposed Project.

4.1.2 Discussion
a. Have a substantial adverse effect on a scenic vista? No New Impact. According to the 2024 RFEIR, impacts related to scenic vistas were determined to be less than significant with the implementation of the MoVal 2040 GPU policies, as well as relevant local, State, and federal regulations. A significant impact could occur if the Project were to introduce incompatible visual elements within a field of view containing a scenic vista or substantially blocked views of a scenic vista. Under CEQA, a scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the public’s benefit. The MoVal 2040 GPU Open Space and Resource Conservation Element does not identify any scenic vistas within the City. 5
Public Safety Campus
As stated above, the City does not have any scenic vistas. The PSC Site is currently vacant and undeveloped.

The PSC Site is traversed by Redlands Boulevard and is bordered by Brodiaea Avenue and residential development to the north, Cactus Avenue and residential uses to the south, and Wilmot Street, residential uses, and vacant land to the west. The existing PSC Site is not considered scenic, nor does it contain any valued views. Therefore, development of the proposed two-story PSC would not directly obstruct any public views and implementation of the PSC would not have a substantial adverse effect on a scenic vista.

Therefore, the PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS would be located on the northern portion of the City’s existing Corporate Yard. The Corporate Yard is surrounded by residential to the north and east, Santiago Drive to the south, and Perris Boulevard and vacant land to the west. The existing CYFS Site is not considered scenic, nor does it contain any valued views. The CYFS would consist of a new aboveground fueling facility would not directly obstruct any public views. Therefore, implementation of the CYFS would not have a substantial adverse effect on a scenic vista.

Therefore, the CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.
5 City of Moreno Valley, MoVal 2040 General Plan Update, Open Space and Resource Conservation Element, https://moval.gov/cdd/documents/general-plan2040/10-OpenSpace-ResourceConservation.pdf. Accessed August 29, 2026. 499

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CEQA Guidelines Section 15183 Analysis 19 Public Safety Campus Project City of Moreno Valley September 2026
Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. As such, implementation of the Civic Center Tenant Improvements would not have a substantial adverse effect on a scenic vista. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway?
No New Impact. According to the 2024 RFEIR, there are no State-designated or eligible highways within the City; therefore, there would be no impact to scenic resources, including but not limited to trees, rock outcroppings, and historical buildings within a State scenic highway. A significant impact would occur if scenic resources would be damaged or removed by a project, such as trees, rock outcroppings, or historic buildings within a designated scenic highway.

As determined in the 2024 RFEIR, there are no State-designated or eligible scenic highways within the City; therefore, the Project would have no impacts related to scenic resources, including but not limited to trees, rock outcroppings, and historical buildings within a State scenic highway. Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. c. In non-urbanized areas, substantially degrade the site’s existing visual character or quality of public views and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
No New Impact. According to the 2024 RFEIR, impacts were determined to be less than significant with the implementation of the MoVal 2040 GPU policies, as well as relevant local, State, and federal regulations. A significant impact would occur if a project would substantially degrades the existing visual character or quality of the site and its surroundings. Significant impacts to the visual character of the site and its surroundings are generally based on the removal of features with aesthetic value, the introduction of contrasting urban features into a local area, and the degree to which the elements of a project detract from the visual character of an area. The Project is in an urbanized area of the City; therefore, the applicable threshold with respect to the Project is whether the Project is consistent with applicable zoning and other regulations governing scenic quality.
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Public Safety Campus
The PSC Site has an existing Land Use designation of R5 Residential, R10 Residential, R15 Residential, R20 Residential, and Parks/Open Space and a Zoning designation of R5 Residential, RS 10 Residential Single Family, R15 Residential, R20 Residential, and Open Space. The PSC would include development of a new joint-use fire and police station, EOC, and a regional animal shelter, which would be permitted under the existing uses and zoning designation and would not require a GPA or Zone Change. 6 Furthermore, all exterior lighting associated with the PSC would be directed downward and shielded, in compliance with City lighting standards. Therefore, the PSC would not conflict with applicable zoning or other regulations governing scenic quality, and impacts would be less than significant. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS Site has a land use and zoning designation of Public (P). The CYFS would be permitted under the existing uses and zoning designation and would not require a General GPA or Zone Change. Furthermore, all exterior lighting associated with the CYFS would be directed downward and shielded, in compliance with City lighting standards. Therefore, the CYFS would not conflict with applicable zoning or other regulations governing scenic quality, and impacts would be less than significant. The CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. Furthermore, as the tenant improvements would be retrofits to existing infrastructure, they would not require a GPA or Zone Change and would not conflict with applicable zoning or other regulations governing scenic quality. Impacts to the existing character and quality of public views of the Civic Center Tenant Improvement Sites would be less than significant. The Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
No New Impact. According to the 2024 RFEIR, impacts were determined to be less than significant with the implementation of the MoVal 2040 GPU policies, as well as relevant local, State, and federal regulations. A significant impact would occur if light and glare substantially altered the character of offsite areas surrounding the site or interfered with the performance of an off-site activity. Light impacts are 6 City of Moreno Valley, Permitted Uses, https://moval.gov/cdd/pdfs/projects/mv2040/PermittedUses.pdf. Accessed August 18, 2026. 501

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CEQA Guidelines Section 15183 Analysis 21 Public Safety Campus Project City of Moreno Valley September 2026
typically associated with the use of artificial light during the evening and night-time hours. Daytime glare is common in urban areas and is typically associated with mid- to high-rise buildings with exterior facades largely or entirely comprised of highly reflective glass or mirror-like materials. Nighttime glare is primarily associated with bright point-source lighting that contrasts with existing low ambient light conditions.

Nighttime lighting sources include streetlights, vehicle headlights, and interior and exterior building illumination.

Construction
The Project would require various construction activities including site preparation to clear structures, vegetation and other materials on-site, construction and paving of off-site road improvements, and grading and paving to prepare the PSC site for new development, and the construction of the new structures. The City’s Municipal Code limits construction activities in two parts of the Code: Section

8.14.040(E), which only permits construction activitiesfrom 7:00 a.m. to 7:00 p.m. from Monday through Friday excluding holidays and from 8:00 a.m. to 4:00 p.m. on Saturdays, and Section 11.80.030(D)(7), which prohibits any construction activities that create a noise disturbance between the hours of 8:00 p.m. and 7:00 a.m. As such, use of artificial light sources during construction limited to only the permitted construction hours and would be temporary and cease upon completion of Project construction.

Construction-related illumination would be used for safety and security purposes only. Additionally, as part of the Project, construction lighting would be shielded to minimize light spillover. Construction lighting, while potentially bright, would be focused on the particular area undergoing work.

Daytime glare could potentially occur during construction activities if reflective construction materials were positioned in highly visible locations where the reflection of sunlight could occur. However, any glare would be highly transitory and short-term, given the movement of construction equipment and materials within the construction area, and the temporary nature of construction activities. In addition, large, flat surfaces that generate substantial glare are typically not an element of construction activities.

Furthermore, temporary construction fencing comprised of a solid material or including screening would be placed along the periphery of the Project to screen construction activity from view at the street view at off-site locations. Therefore, there would be negligible potential for daytime or nighttime glare associated with construction activities to occur. Based on the above, light and glare associated with Project construction activities would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Therefore, impacts related to light and glare during construction would be less than significant.

Operation
Public Safety Campus
The PSC Site currently consists of vacant, undeveloped land. Existing sources of nighttime lighting on the PSC Site include lighting from residential development to the north, south, and west, and headlights from vehicles along Brodiaea Avenue, Redlands Boulevard, Cactus Avenue, and Wilmot Street. 502

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CEQA Guidelines Section 15183 Analysis 22 Public Safety Campus Project City of Moreno Valley September 2026
The PSC Site would introduce new sources of light and glare that are typically associated with police, fire, and emergency operations, including architecture, interior, security, entryway, signage, vehicle, and wayfinding lighting sources. In addition, there would be an incremental increase in the amount of light on Wilmot Street, Brodiaea Avenue, Redlands Boulevard, and Cacus Avenue from headlights of the motor vehicles generated by the PSC. The Project would also introduce off-site roadway improvements, including new lighting sources along Brodiaea Avenue from Wilmot Street to Redlands Boulevard and along Wilmot Street from Brodiaea Avenue to Cactus Avenue. Half-street improvements would be constructed along Redlands Boulevard from Campbell Avenue to Cactus Avenue and along Cactus Avenue from Redlands Boulevard to Goldenrod Street. Additionally, three new traffic signals would be installed at the intersections of Brodiaea Avenue and Redlands Boulevard, Redlands Boulevard and Cactus Avenue, and Cactus Avenue and Wilmot Street. However, all streets are regularly utilized, so the lighting from the Project’s motor vehicles accessing the PSC Site would not be a new source or light or glare and would be similar to the existing lighting conditions that are currently present.

Furthermore, all Project lighting would comply with current energy standards and codes, while providing efficient and effective on-site lighting. Nighttime security lighting for the PSC Site would be provided to illuminate building entrances, parking areas, and walkways. The Project’s exterior lights would be wall- or ground-mounted and shielded away from adjacent land uses and security lighting would be designed to prevent light trespass onto adjacent properties. Additionally, interior and exterior lighting would conform to the California Green Building Code (CALGreen) and Municipal Code Title 9, Section 9.10.110, Light and Glare.

Daytime glare can result from sunlight reflecting from a shiny surface that would interfere with the performance of an off-site activity, such as the operation of a motor vehicle. Reflective surfaces can be associated with window glass and polished surfaces, such as metallic trim. In general, sun reflection that has the greatest potential to interfere with driving occurs from the lower stories of a structure. No sources of substantial glare are anticipated with implementation of the PSC. Exterior building materials for the Project would use various non-reflective material designed to minimize the transmission of glare from the PSC from using highly reflective building materials such as mirrored glass on exterior facades. Based on the above, the PSC would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area. Therefore, impacts would be less than significant. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS would be located on the northern portion of the City’s existing Corporate Yard. Existing sources of nighttime lighting on the CYFS Site include lighting from residential development to the north, east, and south, and from headlights from vehicles along Perris Boulevard, Santiago Drive, and Patricia Street. The CYFS would introduce a concentrated source of lighting and glare, lighting would be consistent with that commonly found at existing service stations and other commercial uses. Lighting fixtures would be shielded and directed downward to reduce glare and light trespass, and would comply with Municipal 503

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CEQA Guidelines Section 15183 Analysis 23 Public Safety Campus Project City of Moreno Valley September 2026
Code Title 9, Section 9.10.110, Light and Glare. Therefore, impacts would be less than significant. The CYFS would not result in new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. Therefore, the Civic Center Tenant Improvements would not introduce a concentrated source of light or glare, and impacts would be less than significant. The Civic Center Tenant Improvements would not result in new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required.

4.1.3 Uniformly Applied Development Policies or Standards General Plan Goals and Policies
The 2024 RFEIR concludes that compliance with the following goals and policies applicable to the Project would avoid significant aesthetic impacts:

Goal OSRC-2 Preserve and respect Moreno Valley’s unique cultural and scenic resources, recognizing their contribution to local character and a sense of place.

Policy OSRC 2-1 Limit development on hillsides and ridgelines where structures interrupt the skyline.

Policy OSRC 2-3 Minimize alterations of the topography drainage patterns and vegetation of land with slopes of ten percent or more and maintain development standards to protect the environment and aesthetic integrity of hillside areas.

Policy OSRC 2-4 Reduce or avoid intrusion from energy and telecommunications infrastructure.

Encourage the undergrounding of utility lines wherever feasible and promote the use of “stealth” design and locate wireless infrastructure on existing poles, buildings, and other structures.

Policy OSRC 2-5 Recognize the scenic value of views of hills surround Moreno Valley from Gillman Springs Road, Moreno Beach Drive, and SR 60 and encourage measures to preserve viewsheds, as possible. The view of Mystic Lake from Gilman Springs Road should also be considered.

Policy ORSC 2-7 Ensure any signage along local scenic roads does not detract from the area’s scenic character.

Other Applicable Development Policies and Standards
Compliance with the additional development policies and standards identified below applicable to the Project would also reduce potential aesthetic impacts:
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Moreno Valley Municipal Code, Chapter 9.08, Section 9.08.100, Lighting, establishes regulations and standards for outdoor lighting which will reduce light pollution and trespass generated by residential and nonresidential lighting fixtures and devices, while maintaining dark skies.

Moreno Valley Municipal Code, Chapter 9.10, Section 9.10.110, Light and Glare, regulates light and glare by providing that no sign or lighting fixture shall create illumination which exceeds 0.5 foot candles minimum maintained on any adjacent property, whether the illumination is direct or indirect light from the source. Additionally, it is required that all lighting be designed to project down-ward and not create glare on adjacent properties.

Moreno Valley Municipal Code, Chapter 9.16, Design Guidelines, contains design guidelines intended to promote quality site planning to ensure compatibility of surrounding development, while encouraging variety and distinctiveness in design and architectural styles. Municipal Code Section 9.16.020 specifies design principles relating to urban design, site planning, architecture, landscaping, lighting and sign design.

Moreno Valley Municipal Code, Chapter 9.17, Landscape and Water Efficiency Requirements, identify landscape design issues and provide standards to create aesthetic and water conserving landscape areas.

These requirements apply to landscape development in public rights-of-way, areas adjacent to the public right-of-way, easements, setbacks, slopes, parking areas, public, quasi-public, commercial, industrial and specified residential on-site landscape areas.

4.1.4 Conclusion
With regards to the topic of Aesthetics, the following findings can be made:

1. No peculiar impacts to the Project or the site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2024 RFEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the 2024 RFEIR.

4. No mitigation measures contained within the 2024 RFEIR would be required because Project-specific impacts would be less than significant.
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CEQA Guidelines Section 15183 Analysis 25 Public Safety Campus Project City of Moreno Valley September 2026

4.2 AGRICULTURE AND FORESTRY RESOURCES
Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
AGRICULTURE AND FORESTRY RESOURCES – Would the project:
a. Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to nonagricultural use?
b. Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c. Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d. Result in the loss of forestland or
conversion of forestland to non-forest
use?
e. Involve other changes in the existing
environment which, due to their
location or nature could result in
conversion of Farmland, to
nonagricultural use or conversion of
forestland to non-forest use?

4.2.1 Summary of Impacts Identified in the 2024 RFEIR
The 2024 RFEIR concluded that implementation of the MoVal 2040 Project would impact Prime Farmland and Farmland of Local Importance within the proposed Concept Areas, which are geographically defined planning subareas where the General Plan provides more focused land use and urban design direction than the Citywide policies alone. The 2024 RFEIR determined that the continued development of properties under the land use designations that would remain unchanged would also have the potential to convert additional land designated as Prime Farmland, Farmland of Statewide Importance or Unique 506

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Farmland to non-farming uses. Although the conversion of farmland was anticipated and evaluated under the prior general plan EIR (the Moreno Vally 2006 General Plan EIR), the MoVal 2040 Project would convert some of the remaining vacant, farmland to non-agricultural uses, which would constitute a significant impact.

Additionally, the 2024 RFEIR determined that there would be no conflicts with agricultural zoning as the City does not have any exclusive agricultural zones and the MoVal 2040 Project does not include any rezoning. Additionally, the MoVal 2040 Project did not propose any land use changes within or adjacent to any land subject to a Williamson Act Contract. Therefore, impacts related to agricultural zoning and Williamson Act Contracts would be less than significant. Additionally, no impacts would occur regarding forest zoning and forest land.

Lastly, the 2024 RFEIR concluded that the implementation of the MoVal 2040 Project would intensify uses within the Planning Area in a manner that would reduce the feasibility of agricultural production.

Furthermore, the continued development of land under the land use designations that would remain unchanged could also indirectly affect the feasibility of agricultural production through continued urbanization. Therefore, the MoVal 2040 Project would potentially result in indirect conversion of potential farmland resources to non-agricultural uses, which would be considered a significant impact.

Mitigation Measures: No 2024 RFEIR mitigation measures are applicable to the proposed Project.

4.2.2 Discussion
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?
No New Impact. According to the 2024 RFEIR, implementation of the MoVal 2040 Project would have a significant impact on Prime Farmland and Farmland of Local Importance within the Planning Area. A significant impact would occur under the Project if the Project proposes to convert additional protected Farmland to non-agricultural uses.

Public Safety Campus
As previously discussed, the PSC Site has a land use designation of R5 Residential, R10 Residential, R15 Residential, R20 Residential, and Parks/Open Space and a Zoning designation of R5 Residential, RS 10 Residential Single Family, R15 Residential, R20 Residential, and Open Space. Additionally, the PSC Site is located within an area designated as Farmland of Local Importance. 7 As stated in the 2024 RFEIR, implementation of the MoVal 2040 Project would impact Prime Farmland and Farmland of Local Importance, and impacts to farmland would be significant and unavoidable. Therefore, while the Project would convert Farmland of Local Importance to non-farming uses, these significant and unavoidable 7 California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed August 14, 2026.
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impacts have already been evaluated in the 2024 RFEIR and mitigated to the extent feasible. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The Corporate Yard Site is located in an area designated as Urban and Built Up Land, an area occupied by structures with a building density of at least 1 unit to 1.5 acres. Therefore, the CYFS would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural use. The CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. Therefore, the Civic Center Tenant Improvements would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. The Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? No New Impact. According to the 2024 RFEIR, implementation of the MoVal 2040 Project does not propose any land use changes within or adjacent to a Williamson Act Contract. Therefore, impacts related to agricultural zoning and Williamson Act Contracts would be less than significant. A significant impact would occur if the Project conflicted with existing agricultural zoning or agricultural parcels enrolled under the Williamson Act. According to the2024 RFEIR, there are no Williamson Act lands within the City.

Therefore, the Project would not conflict with any existing agricultural zoning designations, nor affect any existing Williamson Act Contracts. Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No New Impact. As stated in the 2024 RFEIR, the City also does not possess any zoning classifications for forestland, timberland, or timberland production zones, nor does the Planning Area possess any forestland. A significant impact would occur if the Project conflicted with existing zoning or caused rezoning of forest land or timberland, or resulted in the loss of forest land, or in the conversion of forest land to non-forest use.
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Public Safety Campus
As previously discussed, the PSC Site has a General Plan land use designation of R5 Residential, R10 Residential, R15 Residential, R20 Residential, and Parks/Open Space and a Zoning designation of R5 Residential, RS 10 Residential Single Family, R15 Residential, R20 Residential, and Open Space. Therefore, the PSC Site would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS Site has a land use and zoning designation of P. The CYFS Site does not include any forestland or timberland. Therefore, the CYFS would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Existing Civic Center Tenant Improvements
The Civic Center Tenant Improvements Sites have a land use and zoning designation of P. The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. Therefore, the Civic Center would not conflict with the existing zoning for forestland, nor would it cause the rezoning of forest land, timberland, or timberland zoned Timberland Production. The Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. d. Result in the loss of forestland or conversion of forestland to non-forest use? No New Impact. As stated in the 2024 RFEIR, the City also does not possess any zoning classifications for forestland. A significant impact would occur if the Project resulted in the loss of forest land or in the conversion of forest land to non-forest use. As there is no forestland within the City, the Project would not result in the loss of forestland or conversion of forestland to non-forest uses. Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. e. Involve other changes in the existing environment which, due to their location or nature could result in conversion of Farmland, to nonagricultural use or conversion of forestland to non-forest use? No New Impact. According to the 2024 RFEIR, implementation of the MoVal 2040 Project would intensify uses within the Planning Area that would reduce the feasibility of agricultural production. Therefore, the 2024 RFEIR concluded that the MoVal 2040 Project would result in indirect conversion of potential 509

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farmland resources to non-agricultural uses, which would be considered a significant and unavoidable impact. A significant impact would occur if the Project caused the conversion of farmland to nonagricultural use. As previously discussed, the PSC Site is designated as Farmland of Local Importance by the California Department of Conservation; therefore, the Project would result in the conversion of farmland to non-agricultural uses. However, this significant and unavoidable impact has already been evaluated and mitigated to the extent feasible in the 2024 RFEIR. Additionally, the CYFS Site is located in Urban and Built-Up Land and the tenant improvements would occur in an existing development, therefore no conversion to nonagricultural use would occur. Therefore, the proposed Project would not result in any new or substantially more severe impacts, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required.

4.2.3 Uniformly Applied Development Policies and Standards General Plan Goals and Policies
The 2024 RFEIR concludes that compliance with the following goals and policies applicable to the Project would avoid significant agricultural and forestry resources impacts:

Policy OSRC 1-1 Retain the maximum feasible amount of open space and agricultural land in areas outside the City surrounding Moreno Valley, recognizing its habitat value as well as its contribution to the local economy, quality of life, healthy air quality, and community character.

Policy OSRC 1-6 Where agriculture exists within the City limits, allow uses to continue until urban development occurs on these properties and support appropriate commercial activities (i.e. horse stables, agri-tourism) in rural areas in and around Moreno Valley.

Policy OSRC 1-7 Require that grading plans include appropriate and feasible measures to minimize erosion, sedimentation, wind erosion and fugitive dust. Particularly in hillside areas, new roadways and trails should follow natural contours to minimize grading.

Policy OSRC 1-19 Preserve natural drainage course in their natural state to the extent feasible.

Other Applicable Development Policies and Standards
There are no additional development policies and standards applicable to the Project.

4.2.4 Conclusion
With regard to the topic of Agriculture and Forestry Resources, the following findings can be made:

1. No peculiar impacts to the Project or the site have been identified. 510

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2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2024 RFEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the 2024 RFEIR.

4. No mitigation measures contained within the 2024 RFEIR would be required because Project-specific impacts would be less than significant.
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4.3 AIR QUALITY
Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed
as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed
in the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Informatio
n
No New
Impact
AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
a. Conflict with or obstruct implementation
of the applicable air quality plan?
b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is nonattainment under
an applicable federal or State ambient air
quality standard?
c. Expose sensitive receptors to substantial
pollutant concentrations?
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
The following section summarizes and incorporates by reference information from the Air Quality and Greenhouse Gas Emissions Analysis (“Project Air Quality and GHG Analysis”) prepared by Kimley-Horn and Associates (Kimley-Horn), dated September 2026. The report is included as Appendix A to this document.

4.3.1 Summary of Impacts Identified in the 2024 RFEIR
The 2024 RFEIR concluded that the buildout under the MoVal 2040 Project would not be consistent with the Air Quality Management Plan (AQMP) because it would increase vehicle miles traveled (VMT) per service population when compared to existing conditions, resulting in significant and unavoidable transportation impacts related to VMT. However, at a programmatic level of analysis, the 2024 RFEIR concluded that there are no feasible mitigation measures that would reduce air quality impacts associated with development facilitated by the MoVal 2040 Project. As such, implementation of the MoVal 2040 Project would not be consistent with the AQMP, and impacts would be significant and unavoidable.

The 2024 RFEIR also determined that construction and operations associated with future development that would be accommodated under the MoVal 2040 Project could generate both short-term (construction) and long-term (operations) emissions in excess of the South Coast Air Quality Management District’s (SCAQMD) threshold criteria. For short-term emissions, implementing General Plan Update Mitigation Measure (GPU MM) AQ-1 through MM AQ-5 and complying with the MoVal 2040 GPU goals and policies would reduce construction-related air pollutant emissions. However, individual projects could implement these mitigation measures and still exceed the SCAQMD regional significance thresholds. Vv 512

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Therefore, the 2024 RFEIR construction-related regional air quality impacts of developments that would be accommodated by the implementation of the MoVal 2040 Project would remain significant and unavoidable. For long-term operations, GPU MM AQ-5, in addition to the MoVal 2040 GPU goals and policies, would reduce air pollutant emissions. The conditions and policies covering topics such as expansion of the pedestrian and bicycle networks, promotion of public and active transit, and support to increase building energy efficiency and energy conservation would also reduce criteria air pollutants within the City. However, impacts would remain significant and unavoidable due to the magnitude of the overall land use development associated with the implementation of the MoVal 2040 Project.

Similarly, localized construction and operational emissions associated with future development could exceed the SCAQMD’s localized significance thresholds (LST) and health risk thresholds. Cumulative development within the City would exceed the regional significance thresholds; therefore, implementation of the MoVal 2040 Project could contribute to an increase in health effects in the South Coast Air Basin (Basin) until the attainment standards are met in the Basin. As such, the 2024 RFEIR concluded that the regional air quality would remain significant and unavoidable even with mitigation implemented. GPU MM AQ-5 would also result in a reduction of localized construction- and operationrelated criteria air pollutant emissions to the extent logistically and technologically feasible. However, because existing sensitive receptors may be near construction activities and large emitters of on-site operation-related criteria air pollutant emissions generated by individual development projects accommodated by the MoVal 2040 Project, construction and operation emissions generated by such projects have the potential to exceed SCAQMD’s LSTs.

Overall, impacts would remain significant and unavoidable. Regarding health risk, implementation of GPU MM AQ-5 also has the potential to reduce construction and operational health risk; however, construction and operation health risk generated by projects under the MoVal 2040 Project would still have the potential to exceed SCAQMD’s health risk. Overall, impacts would remain significant and unavoidable for construction risk and less than significant with mitigation for operational health risk.

Regarding odor, the 2024 RFEIR found that impacts related to construction and operational odor impacts would be less than significant with compliance with MoVal 2040 GPU policies and SCAQMD Rules 402 and 1113.

Mitigation Measures from the 2024 RFEIR
The following GPU MM are applicable to the proposed Project. At a programmatic level of analysis, the 2024 RFEIR concluded that there are no feasible mitigation measures that would reduce air quality impacts associated with development facilitated by the MoVal 2040 GPU. Future construction and operational emissions would conflict with implementation of the AQMP. Impacts remain significant and unavoidable.

GPU MM AQ-1 Proposed development projects that are not exempt from CEQA shall have construction and operational air quality impacts analyzed using the latest available air emissions model, or other analytical method determined in conjunction with the SCAQMD. The results of the air quality impact analysis shall be included in the development project’s CEQA documentation. To address potential localized impacts, the air quality analysis shall incorporate SCAQMD’s Localized Significance Threshold (LST) analysis or other 513

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appropriate analyses as determined in conjunction with the SCAQMD. If such analyses identify potentially significant regional or local air quality impacts, the City shall require the incorporation of appropriate mitigation to reduce such impacts to the greatest extent feasible.

GPU MM AQ-2 Applicants for future discretionary development projects which will generate construction-related fugitive dust emissions that exceed applicable thresholds shall include, but are not limited to, the mitigation measures recommended by SCAQMD’s CEQA Air Quality Handbook, to the extent technically and logistically feasible and applicable. The measures shall be included as notes on the grading and/or demolition plans:
• The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excess amounts of dust. • Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations.

Application of watering (preferably reclaimed water, if available) should penetrate sufficiently to minimize fugitive dust during grading activities. This measure can achieve PM10 reductions of 61 percent through application of water every three hours to disturbed areas.
• Fugitive dust produced during grading, excavation, and construction activities shall be controlled by the following activities: To reduce energy demand associated with potable water conveyance, future projects shall implement the following, as applicable:
o All trucks shall be required to cover their loads as required by California Vehicle Section 23114. Covering loads and maintaining a freeboard height of 12 inches can reduce PM10 emissions by 91 percent.
o All graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering at not less than three hourintervals, application of environmentally safe soil stabilization materials, and/or roll-compaction as appropriate.

Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. Application of water every three hours to disturbed areas can reduce PM10 emissions by 61 percent. • Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization. Soil stabilization methods, such as water and roll-compaction, and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered 514

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until grass growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. Replacement of ground cover in disturbed areas can reduce PM10 emissions by 5 percent. • Signs shall be posted on-site limiting traffic to 15 miles per hour or less. This measure can reduce associated PM10 emissions by 57 percent. • During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties; instantaneous wind speeds exceeding 25 miles per hour), all clearing, grading, earth moving, and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard off-site or onsite. The site superintendent/supervisor shall use his/her discretion in conjunction with SCAQMD when winds are excessive (above 25 miles per hour).
• Adjacent streets and roads shall be swept at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads.
• Personnel involved in grading operations, including contractors and subcontractors, shall be required to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations.

GPU MM AQ-3 Applicants for future discretionary development projects that would generate construction-related emissions that exceed applicable thresholds, shall include, but are not limited to, the mitigation measures recommended by the SCAQMD (in its CEQA Air Quality Handbook or otherwise), to the extent technically and logistically feasible and applicable to the project. The types of measures shall include but are not limited to:
• Construction haul truck operators for demolition debris and import/export of soil shall use trucks that meet CARB’s 2020 engine emissions standards of

0.01 grams per brake horsepower hour of particulate matter (PM) and 0.20 grams per brake horsepower-hour of NOx emissions. Operators shall maintain records of all trucks associated with project construction to document that each truck used meets these emission standards and shall provide these records prior to grading permit issuance to the City. • Construction vehicle idling shall be limited to five minutes as set forth in California Code of Regulations Title 13, Article 4.8, Section 2449. Signs shall be posted in areas where they will be seen by vehicle operators stating idling time limits. This requirement shall be included on the plans. • Construction contractors shall utilize construction equipment that uses low polluting fuels (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that they are available and feasible to use.

This requirement shall be included on the plans.
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• Heavy duty diesel-fueled equipment shall use low NOx diesel fuel to the extent that it is available and feasible to use. This requirement shall be included on the plans.
• Construction contractors shall use electricity from power poles rather than temporary gasoline or diesel-powered generators, as technically and logistically feasible, or solar where available. This requirement shall be included on the plans.
• Construction contractors shall maintain construction equipment in good, properly tuned operating condition, as specified by the manufacturer, to minimize exhaust emissions. Documentation demonstrating that the equipment has been maintained in accordance with the manufacturer’s specifications shall be shared with the City prior to grading permit issuance. • Construction contractors shall reroute construction trucks away from congested streets or sensitive receptor areas, as technically and logistically feasible. This requirement shall be included on the plans.

GPU MM AQ-4 Prior to issuance of a grading permit, a Localized Significance Threshold analysis shall be prepared for construction and operations. If the LST analysis determines that the established Localized Significance Thresholds for NOx, PM2.5, or PM10 would be exceeded, then modifications to construction equipment profiles, modifications to construction schedules, or additional pollution reduction measures shall be implemented to ensure that none of the Thresholds will be exceeded.

GPU MM AQ-5a A project-specific Health Risk Assessment (HRA) shall be conducted for future development projects that would generate toxic air contaminants (TACs) within 1,000 feet of sensitive receptors, pursuant to the recommendations set forth in the California Air Resources Board (CARB) Air Quality and Land Use Handbook. Consistent with Assembly Bill (AB) 98 and Senate Bill (SB) 415, logistics use facility projects within 900 feet of sensitive receptors to shall conduct an operational HRA. The HRA shall evaluate a project when unmitigated emissions are expected to meet or exceed per the following South Coast Air Quality Management District (SCAQMD) thresholds:
• Carcinogens: Maximally Exposed Individual risk equals or exceeds 10 in one million. For cumulative cancer risk, the maximum exposed individual risk equals or exceeds significance thresholds established by SCAQMD. • Non‐Carcinogens: Emit toxic contaminants that equal or exceed 1 for the Maximally Exposed Individual.

If projects are found to exceed the SCAQMD’s thresholds, mitigation, including but not limited to requiring heavy-duty trucks, forklifts and/or yard trucks to be zero-emission, forbidding trucks from idling for more than three minutes, installing photo-voltaic systems, running conduit for future electric truck charging, requiring all stand-by generators to be non-diesel, designing to LEED green building certifications, and improving vegetation and tree canopy for shade, shall be incorporated to reduce impacts 516

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to below SCAQMD thresholds. The HRA shall be submitted to the City Planning Department to demonstrate that none of the Thresholds will be exceeded prior to issuance of building permits for any future discretionary residential or residential mixeduse project.

GPU MM AQ-5b The City of Moreno Valley shall create an abatement fund to subsidize air filtration and/or Heating, Ventilation, Air Condition (HVAC) systems for residents within 1,000 feet of the property line of any logistics use facility projects or within 1,000 feet of a dedicated truck routes, thereby abating air quality impacts for the most impacted sensitive receptors. The City of Moreno Valley may choose to administer the abatement fund or designate its administration to a third party which will require an additional 10 percent administrative fee. Prior to the issuance of the first certificate of occupancy, all logistics use facility project applicants shall pay a one-time fee of $1,500 for each daily truck trip the logistics use facility project is estimated to induce.

GPU MM AQ-5c All logistics use facility projects shall provide documentation to the City of Moreno Valley demonstrating that the following design and construction requirements shall be implemented, as applicable to the project:
• All logistics use facility projects shall be located at least 1,000 feet from sensitive receptors.
• All logistics use facility projects shall include a solid wall and/or a landscaped berm of at least 15 feet in height, separating the project and nearby sensitive receptors.
• All logistic facility projects shall ensure that the project parking lots have at least 35 percent of the tree shade cover within 15 years of commencement of operations.
• All logistics use facility projects shall make at least 25 percent of passenger car vehicle parking electric vehicle (EV)-ready, with at least 15 percent of passenger parking spots equipped with Level 2 chargers. • All logistics use facility projects shall be equipped with EV ready conduits at each truck door or parking spot to support an EV charger and at least 50 percent of these shall be installed with fast chargers. • All logistics use facility projects that include refrigerated storage shall provide fully functional transportation refrigeration unit (TRU) plug-ins or similar electrical hookups at all truck loading bays or dock doors. • All logistics use facility projects totaling over 400,000 square feet in total footprint shall maintain a lounge for truck operators with amenities including restrooms, vending machines, and air conditioning.
• All construction equipment, including smaller equipment (such as hand tools and power washers), shall be zero emission if feasible and commercially 517

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available within the State of California. If it is not feasible to utilize zeroemission construction equipment, or such equipment is not commercially available within the State of California, all such construction equipment shall meet the California Air Resources Board (CARB) Tier 4 certification and lowpolluting fuels (e.g., low NOx diesel). • All logistics use facility projects shall be prohibited from using diesel generators during construction except for emergencies.
• The idling of all construction equipment and construction related vehicles shall be limited to three (3) minutes. • Grading and earthmoving activities shall be prohibited on days with an Air Quality Index (AQI) greater than 100.

GPU MM AQ-5d All logistics use facility projects shall provide documentation to the City of Moreno Valley demonstrating that the following operational measures shall be implemented, as applicable to the project:
• All logistics use facility projects shall utilize trucks with a minimum 2014 model year by 2027.
• All logistics use facility projects shall use 100 percent zero emission vehicles (ZEV) for forklifts, yard trucks, and other on site equipment. • All logistics use facility projects shall have signage noting a three (3)-minute idling limit and shall provide the South Coast Air Quality Management District (SCAQMD)-complaint call-in line to submit idling complaints. • All logistics use facility projects shall be prohibited from using diesel generators during operation except for emergencies.
• All logistics use facility projects shall provide workers with secure bicycle storage facilities with outlets for electric bicycles and on-site meals or lunch shuttle programs.
• All logistics use facility projects shall also provide workers with transit route information and incentives to carpool, such as dedicated carpool parking spaces.
• All logistics use facility projects shall implement training programs for managers and employees on efficient scheduling and load management to minimize truck queuing and idling.

4.3.2 Discussion
a. Conflict with or obstruct implementation of the applicable air quality plan? No New Impact. According to the 2024 RFEIR, implementation of the MoVal 2040 Project would not be consistent with the AQMP because it would increase VMT per service population when compared to existing conditions, resulting in significant and unavoidable transportation impact. At a programmatic 518

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level, there were no feasible mitigation measures that would reduce impacts to a less than significant level.

As with the MoVal 2040 Project, the proposed Project would be subject to the SCAQMD AQMP. Therefore, a significant impact would occur if the proposed Project is deemed inconsistent with the SCAQMD AQMP, specifically if it would exceed the AQMP’s growth assumptions or if would contribute to a violation or delay the attainment of State/federal air quality standards.

Consistency with Growth Assumptions
The Project would not conflict with or obstruct implementation of the AQMP because it would be consistent with the land use and growth assumptions evaluated in the GPPU and 2024 RFEIR, would not require a GPA or zone change, and would not generate growth or emissions beyond those anticipated for the Project area. As discussed in Section 2.2, City of Moreno Valley General Plan, the Gener Plan buildout is anticipated to generate approximately 43,882 new residents within the Planning Area by 2040, which would necessitate construction of additional fire stations and police facilities. Specifically, the 2024 RFEIR notes that the City is planning an expansion of the Civic Center complex that would include a remodeled Public Safety Building capable of accommodating roughly 600 total personnel, as well as a satellite police substation in the southeastern part of the City to serve the anticipated demand from new development.

As such, the development proposed by the Project is consistent with the growth anticipated by the MoVal 2040 Project. Therefore, the Project represents implementation of public facilities specifically contemplated by the General Plan and does not alter the land use assumptions, population forecasts, employment forecasts, or development intensity.

Furthermore, as further discussed in Section 4.16, Transportation and Traffic, the Project would not modify the land use assumptions used in the program-level VMT analysis. Therefore, the Project would not create a new significant VMT impact or substantially increase the severity of the significant and unavoidable VMT impact previously identified in the 2024 RFEIR. In addition, the Project would comply with applicable SCAQMD rules and regulations during construction and operation.

Impact to Air Quality Standards
As stated in the 2024 RFEIR, the Project Site is located within the South Coast Air Basin, which is designated nonattainment for the State and federal ozone (O3)standards and State and federal particulate matter 2.5 microns or smaller in diameter (PM2.5) standards, and nonattainment for the State particulate matter 10 micros or smaller in diameter (PM10) standards. If a project exceeds the regional air pollutant thresholds, then it would significantly contribute to air quality violations in the Basin. As discussed in threshold (b), below temporary emissions associated with construction of the Project would not exceed regional construction thresholds, and long-term emissions associated with operation would not exceed regional operational thresholds and would not contribute to the existing air quality violations outlined in the AQMP.

Therefore, the Project would not specifically conflict with implementation of the AQMP and would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR. As such, no new impacts would occur.

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b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard? No New Impact. The 2024 RFEIR concluded that buildout of the MoVal 2040 Project would generate shortterm construction emissions and operational emissionsthat would exceed SCAQMD’s regional significance thresholds and cumulatively contribute to the nonattainment designations of the Basin. With the implementation of GPU MM AQ-1 through GPU MM AQ-5 and compliance with the MoVal 2040 GPU policies, impacts would be reduced but individual projects could still exceed the SCAQMD regional significance thresholds and contribute to the existing air quality violation.

A significant impact could occur if a Project would add a considerable cumulative contribution to federal or State nonattainment pollutants. As discussed previously, the Basin is currently designated as being in nonattainment for the State and federal O3 standards and State and federal PM2.5 standards, and nonattainment for the State PM10 standards. Therefore, these criteria pollutants as well as O3-precursor pollutants (i.e., ROG and NOX) would also be considered the criteria pollutants of primary concern in this analysis. The SCAQMD provides significance thresholds for emissions associated with construction and operations. The construction and operational emissions are compared to the daily criteria pollutant emissions significance thresholds in order to determine the significance of the Project’s impact, which are specified in the table below. Therefore, if a Project generates less than significant construction or operational emissions, then the Project would not generate a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment.

Construction
Construction associated with the Project would generate short-term emissions of criteria air pollutants.

Construction-generated emissions of the criteria pollutants identified above would be short-term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated were to exceed the SCAQMD’s thresholds of significance. Construction results in the temporary generation of emissions from site grading, road paving, motor vehicle exhaust associated with construction equipment and worker trips, and the movement of construction equipment, especially on unpaved surfaces. Emissions of airborne particulate matter are largely dependent on the amount of ground disturbance associated with site preparation activities, as well as weather conditions and the appropriate application of water.

As discussed in Section 1.2, Project Description, Project construction is anticipated to begin as early as October 2027. Construction of the Public Safety Campus includes site preparation, grading, building construction, paving, and architectural coating. Construction of the Corporate Yard Fueling Station includes demolition, site preparation, grading, and building construction. The Project also includes improvements along Brodiaea Avenue, Wilmot Street, Cactus Avenue, and Redlands Boulevard.

The Project Air Quality and GHG Analysis calculated construction-generated emissions using the California Emissions Estimator Model (CalEEMod), which is designed to model emissions for land use development projects based on typical construction requirements. It was conservatively assumed that all construction 520

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equipment operated during each individual phase would be operated simultaneously and that all components of the Project would begin construction in October 2027. The emission calculations assume the use of standard construction practices, such as compliance with SCAQMD rules and regulations, including SCAQMD Rule 402 (Nuisance), Rule 403 (Fugitive Dust), and Rule 1113 (Architectural Coatings).

South Coast AQMD Rule 402 prohibits the discharge of air contaminants or other material that cause a nuisance. South Coast AQMD Rule 403 requires fugitive dust control measures. South Coast AQMD Rule 1113 provides specifications on painting practices and regulates the ROG content of paint. Project construction would additionally comply with CARB’s anti-idling regulations, which prohibits heavy-duty diesel vehicle idling for more than five minutes.

The emissions associated with Project construction are reported in Table 1: Project Construction Emissions, below. Table 1 identifies maximum daily emissions that are estimated for peak construction days for each construction year. As shown, construction emissions associated with the Project would not exceed SCAQMD regional thresholds. As such, the Project would not result in any new or substantially more severe impacts that were identified in the 2024 RFEIR related to regional construction air quality emissions and no new impacts would occur.

Table 1: Project Construction Emissions (Maximum Daily Pounds per Day) 1, 2 Construction Year
ROG NOX CO SO2 PM10 PM2.5
pounds/day
Public Safety Campus 2027 3.12 28.04 29.16 0.06 6.51 3.76 Fueling Station 2027 1.02 8.73 9.94 0.02 2.08 1.07
Off-Site Improvements 20273 3.49 28.12 38.35 0.07 1.78 1.22 Public Safety Campus 2028 2.96 24.41 28.41 0.06 5.29 2.10 Fueling Station 2028 0.46 4.30 6.91 0.01 0.15 0.14
Off-Site Improvements 20283 1.77 14.41 20.79 0.04 0.93 0.57 Public Safety Campus 2029 49.31 10.47 19.60 0.03 2.14 0.73 Maximum 20274 7.63 64.89 77.45 0.15 10.37 6.05
Maximum 20284 5.19 43.12 56.11 0.11 6.37 2.81
Maximum 20294 49.31 10.47 19.60 0.03 2.14 0.73
Maximum Emissions 49.31 64.89 77.45 0.15 10.37 6.05
SCAQMD AQMP/ Regional
Threshold 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
Notes:

OG = Reactive Organic Gases; NOX = Nitrogen Oxides; CO = Carbon Monoxide; SO2 = Sulfur Dioxide; PM10 = Particulate Matter 10 microns in diameter or less; PM2.5 = Particulate Matter 2.5 microns in diameter or less

1. Worst-case seasonal maximum daily emissions are reported.

2. Mandatory compliance with South Coast AQMD Rule 403 Fugitive Dust assumed. Rule 403 reduction/credits include the following: properly maintain mobile and other construction equipment: water exposed surfaces three times daily; and limit speeds on unpaved roads to 25 miles per hour. Reductions percentages from the South Coast AQMD CEQA Handbook (Tables XI-A through XI-E) were applied.
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Table 1: Project Construction Emissions (Maximum Daily Pounds per Day) 1, 2 Construction Year
ROG NOX CO SO2 PM10 PM2.5
pounds/day

3. Project includes the improvement of four roadways. CalEEMod accounts for the construction of one of those four roadways to represent the maximum daily emissions, as construction of all four roadways would not occur concurrently.

4. It is assumed that maximum daily emissions from each project component during each year would overlap.

Source: CalEEMod version 2022.1. Refer to Appendix A for the model outputs.

Operation
The Project’s operational emissions would be associated with mobile sources (motor vehicle use), area sources (landscape maintenance equipment, architectural coatings, and consumer products) and energy sources (electricity and natural gas usage). Project-generated vehicle emissions are based on the trip generation estimates and have been incorporated into CalEEMod, as recommended by the SCAQMD. The PSC would generate 4,349 total daily vehicle trips and the CYFS would generate 688 total daily vehicle trips.

The PSC would include the installation of four emergency generators, which would supply emergency backup power to the building in the event of an emergency. As such, the emergency generator would not be part of the Project’s normal daily operations, and as such, were conservatively assumed to operate one generator per day for eight hours in a single day for testing and maintenance purposes. The City isrequired to obtain a permit from the SCAQMD prior to installation of any emergency backup generators. Emergency backup generators must meet SCAQMD's Best Available Control Technology (BACT) requirements and comply with SCAQMD Rule 1470 (Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines), which would minimize emissions when a backup generator is in use.

Gas dispensing activities at the existing CYFS would generate volatile organic compounds (VOC) emissions.

As discussed in the Project Air Quality and GHG Analysis, fuel station emissions were calculated using the U.S. EPA Potential to Emit Calculator for Gasoline Dispensing Facilities and was based on the number of fuel positions and annual fuel throughput. The CYFS would receive an average of 52,000 gallons of gasoline and 10,400 gallons of diesel fuel annually.

Long-term operational emissions attributable to the Project are summarized in Table 2: Project Operational Emissions (Maximum Daily Pounds per Day).

Table 2: Project Operational Emissions (Maximum Daily Pounds per Day) 1 Source
ROG NOX CO SO2 PM10 PM2.5
pounds/day
Public Safety Campus Mobile2 14.79 14.67 137.47 0.38 36.63 9.46 Public Safety Campus Area 8.15 0.11 13.59 <0.01 0.02 0.02 Public Safety Campus Energy 0.10 1.74 1.46 0.01 0.13 0.13 522

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Table 2: Project Operational Emissions (Maximum Daily Pounds per Day) 1 Source
ROG NOX CO SO2 PM10 PM2.5
pounds/day
Public Safety Campus Emergency
Generators 2.66 7.44 6.79 0.01 0.39 0.39
Fueling Station Mobile 5.21 5.25 47.22 0.13 11.60 3.00
Fueling Station Fueling 0.12 -- -- -- -- --
Total Emissions 31.03 29.21 206.53 0.53 48.77 13.00
SCAQMD AQMP/ Regional
Threshold 55 55 550 150 150 55
Threshold Exceeded? No No No No No No
Notes:

OG = Reactive Organic Gases; NOX = Nitrogen Oxides; CO = Carbon Monoxide; SO2 = Sulfur Dioxide; PM10 = Particulate Matter 10 microns in diameter or less; PM2.5 = Particulate Matter 2.5 microns in diameter or less

1. Worst-case seasonal maximum daily emissions are reported.

2. Mobile emissions account for EMFAC adjustment factors.

Source: CalEEMod version 2022.1. Refer to Appendix A for the model outputs.

As shown in Table 2: Project Operational Emissions (Maximum Daily Pounds per Day), and discussed above, operational emissions would not exceed the applicable South Coast AQMD thresholds. Impacts would be less than significant, and no new mitigation measures are required.

Mitigation Measures: No new mitigation measures are required. c. Expose sensitive receptors to substantial pollutant concentrations? No New Impact. The 2024 RFEIR concluded that buildout of the MoVal 2040 Project could contribute to health effects associated with the Basin’s nonattainment status because O3, diesel particulate matter, and other criteria pollutants are linked to respiratory and cardiovascular health risks. The 2024 RFEIR analysis relied on SCAQMD’s established regional and localized significance thresholds, which are designed to determine whether emissions would contribute to exceedances of health-based air quality standards. GPU MM AQ-5 would reduce both regional and localized construction and operational emissions and health risk impacts to the extent feasible; however, impacts would remain significant and unavoidable.

Construction
Localized Emissions
The nearest sensitive receptors to the PSC Site are single family residential uses located approximately 60 feet to the west, 70 feet to the south, and 75 feet to the north of the site. As further discussed in the Project Air Quality and GHG Analysis, to assess the potential for Project construction to create impacts to sensitive receptors, SCAQMD recommends utilizing its Localized Significance Thresholds (LSTs) for construction. Since CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily soil disturbance activity possible for each piece of equipment, Table 3: EquipmentSpecific Grading Rates was used to determine the maximum daily disturbed acreage for the LST analysis. 523

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Table 3: Equipment-Specific Grading Rates
Construction Phase1 Equipment
Type
Equipment
Quantity
Acres Graded
per 8-hr Day
Operational
Hours per
Day
Acres
Graded
per Day
PSC Grading + Off-Site
Improvements Grading
Crawler
Tractor 1 0.5 8 0.5
Graders 3 0.5 8 1.5
Dozers 4 0.5 8 2
Scraper 2 1 8 2
Total Acres Grader Per Day Per Phase 6
CYFS Grading
Grading 1 0.5 8 0.5
Dozers 1 0.5 8 0.5
Total Acres Grader Per Day Per Phase 1
Notes:

OG = Reactive Organic Gases; NOX = Nitrogen Oxides; CO = Carbon Monoxide; SO2 = Sulfur Dioxide; PM10 = Particulate Matter 10 microns in diameter or less; PM2.5 = Particulate Matter 2.5 microns in diameter or less

1. SCAQMD’s methodology states that “off-site mobile emissions from the Project should not be included in the emissions compared to LSTs.” Therefore, for purposes of the construction LST analysis, only the emissions included in the CalEEMod “on-site” emissions outputs were considered.

Source: CalEEMod version 2022.1.

Table 4: Localized Significance of Construction Emissions presents the emissions modeling results for the Project’s localized emissions during construction. The Project would comply with SCAQMD Rule 403 (Fugitive Dust) include properly maintaining mobile and other construction equipment, replacing ground cover in disturbed areas quickly, watering exposed surfaces three times daily, and watering all haul roads twice daily. Reductions percentages from the However, conservatively, compliance with SAQMD Rules 402 and 1113 and CARB anti-idling regulations were not assumed when estimating the Project’s localized construction emissions.

Table 4: Localized Significance of Construction Emissions Source/Activity
NOX CO PM10 PM2.5
pounds/day1
Localized Public Safety Campus + Off-Site Improvements
PSC Site Preparation 2027 28.0 28.3 6.3 3.7
PSC Grading 2027 25.6 27.3 5.1 2.1
PSC Grading 2028 24.3 27.2 5.0 2.0
PSC Building Construction 2028 8.9 12.9 0.3 0.3
PSC Building Construction 2029 8.6 12.9 0.3 0.3
PSC Paving 2029 6.5 9.9 0.2 0.2
PSC Architectural Coating 2029 0.8 1.1 0.0 0.0
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Table 4: Localized Significance of Construction Emissions Source/Activity
NOX CO PM10 PM2.5
pounds/day1
Maximum Public Safety Campus
Emissions 28.0 28.3 6.3 3.7
Off-Site Grubbing & Land Clearing 2027 3.8 4.5 0.3 0.2
Off-Site Grading & Excavation 2027 27.9 36.5 1.3 1.1
Off-Site Drainage, Utilities, and Sub Grade
2027 15.0 19.7 0.6 0.5
Off-Site Drainage, Utilities, and Sub Grade
2028 14.2 19.6 0.6 0.5
Off-Site Paving 2028 7.0 11.7 0.2 0.2
Maximum Off-Site Improvements 27.9 36.5 1.3 1.1
Maximum Public Safety Campus + Off-Site
Improvements Daily Emissions2 55.9 64.7 7.6 4.8
SCAQMD LST (for 5 acres at 25 meters) 270 1,577 13 8
SCAQMD Threshold Exceeded? No No No No
Localized Corporate Yard Fueling Station
CYFS Demolition 2027 3.9 5.6 0.1 0.1
CYFS Site Preparation 2027 3.4 5.6 0.3 0.2
CYFS Grading 2027 8.7 9.6 2.0 1.1
CYFS Building Construction 2027 4.6 6.9 0.2 0.2
CYFS Building Construction 2028 4.3 6.9 0.1 0.1
Maximum Daily Emissions 8.7 9.6 2.0 1.1
SCAQMD LST (for 1.0 acres at 25 meters) 118 602 4 3
SCAQMD Threshold Exceeded? No No No No
Notes:

1. Mandatory compliance with South Coast AQMD Rule 403 Fugitive Dust applied for construction emissions.

2. Maximum localized emissions at receptors adjacent to the Public Safety Campus assumes maximum emissions from the Public Safety Campus construction plus maximum emissions from off-site improvements.

Source: CalEEMod version 2022.1. Refer to Appendix A for the model outputs.

As shown in Table 4: Localized Significance of Construction Emissions, the emissions of these pollutants on the peak day of construction would not exceed the LSTs and therefore would not expose the nearest sensitive receptors to substantial pollutant concentrations or cause or contribute to an exceedance of federal or state ambient air quality standards. Therefore, approval of the Project would not result in any significant effects relating to localized construction air pollutant concentrations. 525

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Operation
According to SCAQMD’s LST methodology, operational LSTs apply only to on-site sources. The on-site operational emissions were calculated using CalEEMod and are compared to the LST thresholds in Table 5: Localized Significance of Operational Emissions, below.

Table 5: Localized Significance of Operational Emissions Source/Activity
NOX CO PM10 PM2.5
pounds/day1,2
Localized Public Safety Campus
On-Site Emissions (Area, Energy, Generator
Sources) 9.29 21.84 0.54 0.54
South Coast AQMD Localized Screening
Threshold (1.0 acre at 25 meters) 118 602 1 1
SCAQMD Threshold Exceeded? No No No No
Localized Corporate Yard Fueling Station
On-Site Emissions (Area and Energy
Sources) 0 0 0 0
South Coast AQMD Localized Screening
Threshold (1.0 acre at 25 meters) 118 602 1 1
SCAQMD Threshold Exceeded? No No No No
Notes:

1. Mandatory compliance with South Coast AQMD Rule 403 Fugitive Dust applied for construction emissions.

2. Maximum localized emissions at receptors adjacent to the Public Safety Campus assumes maximum emissions from the Public Safety Campus construction plus maximum emissions from off-site improvements.

Source: CalEEMod version 2022.1. Refer to Appendix A for the model outputs.

As shown in Table 5: Localized Significance of Operational Emissions, the Project would not cause or contribute to an exceedance of federal or state ambient air quality standards. Therefore, approval of the Project would not expose the nearest sensitive receptors to substantial pollutant concentrations and would not result in any significant effects relating to operational air pollutant concentrations. Therefore, the Project would not result in construction or operational emissions that would impact sensitive receptors and would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR. As such, no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? No New Impact. The 2024 RFEIR concluded that, with compliance with MoVal 2040 GPU policies and SCAQMD Rules 402 and 1113, impacts related to construction and operational odor impacts would be less than significant. A significant impact would occur if the proposed Project would create objectionable odors adversely affecting a substantial number of people.
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Construction
Development of the Project could result in odors from construction equipment, such as diesel exhaust, and VOCs from architectural coatings and paving activities. Diesel exhaust and VOCs would be emitted during construction of the project, which are objectionable to some; however, emissions would disperse rapidly from the Project Site and therefore should not reach an objectionable level at the nearest sensitive receptors. However, any odors related to Project construction would be temporary and typical of construction projects. Projects that could result in odors that could be generated by construction activities are required to follow SCAQMD Rule 402 to prevent odor nuisances on sensitive land uses. Additionally, SCAQMD Rule 1113 limits the allowable amount of VOCs from architectural coatings and solvents.

Therefore, with compliance with SCAQMD Rules, the Project would not include construction activities or materials that would create objectionable odors adversely affecting a substantial number of people.

Operation
The Project does not propose any components that are associated with operational odor (i.e., agriculture, wastewater treatment plants, food processing and composting facilities, refineries, landfill, etc.).

Therefore, the Project would not result in significant impacts related to operational odors. Therefore, the Project would not result in construction or operational emissions that would cause objectionable odors and would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR. As such, no new impacts would occur.

Mitigation Measures: No new mitigation measures are required.

4.3.3 Uniformly Applied Development Policies or Standards General Plan Goals and Policies
The 2024 RFEIR concluded that compliance with the following goals and policies applicable to the Project would reduce but would not avoid significant air quality impacts:

Policy LCC.1-8 Promote a land and resource efficient development pattern in order to support efficient delivery of public services and infrastructure, conserve open space lands surrounding the City, reduce vehicle trip lengths and improve air quality.

Policy LCC.1-12 Balance levels of employment and housing within the community to provide more opportunities for Moreno Valley residents to work locally, cut commute times, and improve air quality.

Goal C-3 Manage the City’s transportation system to minimize congestion, improve flow and improve air quality
Policy C.3-4 Require development projects to complete traffic impact studies that conduct vehicle miles traveled analysis and level of service assessment as appropriate per traffic impact study guidelines.
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Policy C.3-6 Require new developments to participate in Transportation Uniform Mitigation Fee Program (TUMF), the Development Impact Fee Program (DIF) and any other applicable transportation fee programs and benefit assessment districts.

Policy C.3-8 Ensure that new development pays a fair share of costs to provide local and regional transportation improvements and to mitigate cumulative traffic deficiencies and impacts.

Policy EJ.1-3 Require new development that would locate sensitive uses adjacent to sources of toxic air contaminants (TAC) to be designed to minimize any potential health risks, consistent with State law.

Policy EJ.1-6 Ensure that construction and grading activities minimize short-term impacts to air quality by employing appropriate mitigation measures and best practices.

Policy EJ.1-8 Support the incorporation of new technologies and design and construction techniques in new development that minimize pollution and its impacts.

Other Applicable Development Policies and Standards
Compliance with the additional development policies and standards identified below applicable to the Project would also reduce potential air quality impacts:

South Coast Air Quality Management District Rules
SCAQMD Rule 402, Nuisance, prohibits the discharge of air contaminants or other materials that would cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that would endanger the comfort, health, safety, or welfare of the public, or cause damage to property or business. Compliance with Rule 402 would help reduce potential nuisance-related air quality effects, including odors, visible emissions, dust, or other localized emissions that could affect nearby receptors during construction or operation.

SCAQMD Rule 403, Fugitive Dust, requires implementation of fugitive dust control measures during construction and other dust-generating activities to minimize particulate matter emissions and prevent visible dust from crossing property lines.

SCAQMD Rule 1113, Architectural Coatings, regulates paints, stains, primers, sealers, lacquers, waterproofing coatings, traffic coatings, and similar coating products used on buildings, structures, pavement, and related surfaces. The rule sets VOC content limits for different coating categories and requires manufacturers, sellers, and users to comply with applicable VOC limits, labeling, and recordkeeping requirements. The rule would apply during construction activities.

SCAQMD Rule 1470, Requirements for Diesel-Fueled Internal Combustion and Other Compression Ignition Engines, establishes requirements for stationary diesel-fueled internal combustion engines, including emergency standby generators, to reduce diesel particulate matter emissions and associated 528

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toxic air contaminant exposure through engine standards, operating limits, fuel requirements, and recordkeeping.

Moreno Valley Municipal Code
Title 9, Chapter 9.17, Landscape and Water Efficiency. While primarily focused on aesthetics and implementing water-efficiency requirements, the landscaping requirement in this chapter indirectly reduce localized heat, dust, and pollutant exposure by requiring planted areas, trees, and landscape buffers in parking areas, setbacks, public rights-of-way, and other development areas.

4.3.4 Conclusion
With regard to the issue of Air Quality, the following finding can be made:

1. No peculiar impacts to the Project or the site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the General Plan EIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the 2024 RFEIR.

4. Mitigation measures from the 2024 RFEIR are applicable to the Project. No new mitigation measures would be required because Project-specific impacts would be less than significant. 529

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4.4 BIOLOGICAL RESOURCES
Project
Peculiar
Impact that is
not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior
EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
BIOLOGICAL RESOURCES – Would the project:
a. Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game
or US Fish and Wildlife Service?
c. Have a substantial adverse effect on
State or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
d. Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
e. Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
f. Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or
State habitat conservation plan?
The following section summarizes and incorporates by reference information from the Determination of Biologically Equivalent or Superior Preservation Report included as Appendix B. The Habitat Assessment 530

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and Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysisis included in Appendix B of the Determination of Biologically Equivalent or Superior Preservation Report. The Delineation of State and Federal Jurisdictions is included as Appendix C of the Determination of Biologically Equivalent or Superior Preservation Report.

4.4.1 Summary of Impacts Identified in the 2024 RFEIR
The 2024 RFEIR concluded that the buildout of the MoVal 2040 Project would have the potential to directly or indirectly impact candidate, sensitive, or special status species, sensitive riparian habitats, and jurisdictional wetlands and waters. However, implementation of GPU MM BIO-1 and GPU MM BIO-2 would reduce impacts on sensitive and special status species and sensitive riparian habitats. Mitigation would be provided on a project-by-project basis. Therefore, impacts to candidate, sensitive, or special status species, sensitive riparian habitats, jurisdictional wetlands and waters would remain significant and unavoidable. The 2024 RFEIR determined that buildout of the MoVal 2040 Project would have less than significant impacts on wildlife corridors, local policies and ordinances, and the adopted Habitat Conservation Plan.

Mitigation Measures from the 2024 RFEIR
GPU MM BIO-1 Applications for future development of vacant properties (and portions thereof), wherein the Director of Community Development or his or her designee has determined a potential for impacts to sensitive biological resources, shall be required to prepare a site-specific general biological resources survey to identify the presence of any sensitive biological resources, including any sensitive plant or wildlife species.

The report shall identify the need for focused presence/absence surveys and identify the presence of state or federal regulated wetlands or waters. If potentially significant impacts to sensitive biological resources, including sensitive species and/or wetlands are identified, the report shall also recommend appropriate mitigation to reduce the impacts to below a level of significance.

GPU MM BIO-2 Applications for future development, wherein the Director of Community Development or his or her designee has determined a potential for impacts to mature trees and/or native vegetation suitable for nesting birds, shall be required to restrict removal of sensitive habitat and vegetation to outside the breeding seasons of any sensitive species identified within adjacent properties (typical bird breeding season is February 1–September 1. as early as January 1 for some raptors). If vegetation clearing must begin during the breeding season, a qualified biologist shall provide recommendations to avoid impacts to nesting birds which typically includes a preconstruction survey within 3 days of the start of construction to determine the presence of active nests.

If active nests are found, avoidance measures shall be implemented to ensure protection of the nesting birds. Avoidance measures may include a no-activity buffer zone, typically 300 feet from the area of disturbance or 500 feet for raptors, established at the discretion of the qualified biologist in consultation with the City, If 531

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activity buffer zones are not feasible, temporary noise barriers may be installed to attenuate construction noise. Noise wall height and adequacy shall be supported by a noise analysis to determine the anticipated construction noise levels with attenuation measures as recommended by the biologist and approved by the City. Periodic noise monitoring shall be conducted during construction to ensure noise attenuation standards are met. Accepted noise levels are species dependent and existing ambient noise levels can play a factor in establishing baseline acceptable noise.

4.4.2 Discussion
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No New Impact. According to the 2024 RFEIR, buildout of the MoVal 2040 GPU would have the potential to directly or indirectly impact candidate, sensitive, or special status species and impacts would be considered potentially significant. As stated in the 2024 RFEIR, future projects would be required to adhere to applicable federal, State, and local regulations that provide protection to sensitive species. Additionally, future projects would be required to adhere to applicable general plan goals, polices, and actions. The MoVal 2040 GPU determined that although numerous regulations, including implementation of the Multiple Species Habitat Conservation Plan (MSHCP) and MoVal 2040 GPU policies would minimize impacts to sensitive species; at a program level of review, impacts would be considered potentially significant.

Public Safety Campus
According to the Habitat Assessment and MSHCP Consistency Analysis (see Appendix B of Appendix B) prepared for the PSC Site, a California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) record search found 13 special plant species, 70 special-status wildlife, and one specialstatus plant community recorded in the Sunnymead USGS 7.5-minute quadrangle, in which the PSC Site is located.

However, no special-status species were observed during field investigations. It was determined that the PSC Site has a low potential to support the special-status plant species. Based on habitat requirements specific species and the availability and quality of on-site habitats, it was determined further that the PSC Site has a high potential to support Cooper’s hawk, sharp-shinned hawk, Costa’s hummingbird, and California horned lark; and a low potential to support great egret, great blue heron, burrowing owl, reddiamond rattlesnake, snowy egret, western mastiff bat, and loggerhead shrike.

It was further determined that the PSC Site does not have the potential to support any of the other specialstatus wildlife species known to occur in the vicinity of the PSC Site and all are presumed to be absent. To ensure impacts to aforementioned avian species do not occur from implementation of the PSC Site, a preconstruction nesting bird clearance survey shall be conducted prior to ground disturbance if construction occurs during nesting season. With implementation of the GPU MM BIO-1 and GPU MM BIO-2, impacts on special status species and nesting would be less than significant. Therefore, the PSC would not result 532

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in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS Site is located within a disturbed and developed area that is currently occupied by existing buildings, storage structures, and paved surfaces. A review of the California Department of Fish and Wildlife (CDFW) California Natural Biodiversity Database Quickview Tool found six threatened, two proposed threatened, two candidate endangered, and three endangered wildlife species in the Sunnymead quadrangle, which is the CYFS Site. The species are listed in Table 6: CNDDB Threatened and Endangered Species, below.

Table 6:CNDDB Threatened and Endangered Species
Common Name Scientific Name
Amphibians
western spadefoot Spea hammondii
Birds
Swainsons hawk Buteo swainsoni
Bald eagle Haliaeetus leucocephalus
Western yellow-billed cuckoo Coccyzus americanus occidentalis tricolored blackbird Agelaius tricolor
coastal California gnatcatcher Polioptila californica californica burrowing owl Athene cunicularia
willow flycatcher Empidonax traillii
southwestern willow flycatcher Empidonax traillii extimus least Bells vireo Vireo bellii pusillus
Crustaceans
vernal pool fairy shrimp Branchinecta lynchi
Insects
Crotchs bumble bee Bombus crotchii
Mammals
San Bernardino kangaroo rat Dipodomys merriami parvus
Stephens kangaroo rat Dipodomys stephensi
Reptiles
southwestern pond turtle Actinemys pallida
Source: CDFW BIOS Viewer, https://apps.wildlife.ca.gov/bios6/?tool=cnddbqv.

As previously stated, the CYFS Site was previously disturbed and the likelihood of candidate, sensitive, or special-status to occur on the Project Site was determined to be relatively low for this reason.

Furthermore, with implementation of GPU MM BIO-1 and GPU MM BIO-2, impacts to species identified as candidate, sensitive, or special-status species would be less than significant. Therefore, the CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve 533

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ground-disturbing activities. Therefore, because the Existing Civic Center Tenant Improvement Sites are would be limited to interior retrofits and are already highly disturbed, improvements at these sites would not result in any new or substantially more severe impacts than those identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures
GPU MM BIO-1 Applications for future development of vacant properties (and portions thereof), wherein the Director of Community Development or his or her designee has determined a potential for impacts to sensitive biological resources, shall be required to prepare a site-specific general biological resources survey to identify the presence of any sensitive biological resources, including any sensitive plant or wildlife species.

The report shall identify the need for focused presence/absence surveys and identify the presence of state or federal regulated wetlands or waters. If potentially significant impacts to sensitive biological resources, including sensitive species and/or wetlands are identified, the report shall also recommend appropriate mitigation to reduce the impacts to below a level of significance.

GPU MM BIO-2 Applications for future development, wherein the Director of Community Development or his or her designee has determined a potential for impacts to mature trees and/or native vegetation suitable for nesting birds, shall be required to restrict removal of sensitive habitat and vegetation to outside the breeding seasons of any sensitive species identified within adjacent properties (typical bird breeding season is February 1–September 1. as early as January 1 for some raptors). If vegetation clearing must begin during the breeding season, a qualified biologist shall provide recommendations to avoid impacts to nesting birds which typically includes a preconstruction survey within 3 days of the start of construction to determine the presence of active nests.

If active nests are found, avoidance measures shall be implemented to ensure protection of the nesting birds. Avoidance measures may include a no-activity buffer zone, typically 300 feet from the area of disturbance or 500 feet for raptors, established at the discretion of the qualified biologist in consultation with the City, If activity buffer zones are not feasible, temporary noise barriers may be installed to attenuate construction noise. Noise wall height and adequacy shall be supported by a noise analysis to determine the anticipated construction noise levels with attenuation measures as recommended by the biologist and approved by the City. Periodic noise monitoring shall be conducted during construction to ensure noise attenuation standards are met. Accepted noise levels are species dependent and existing ambient noise levels can play a factor in establishing baseline acceptable noise.

Mitigation Measures: No new mitigation measures are required. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and 534

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Wildlife Service?
No New Impact. According to the 2024 RFEIR, proposed development within the MoVal 2040 GPU would have the potential to impact riparian scrub, woodland, and forest habitat, resulting in a significant impact.

Therefore, impacts to sensitive riparian habitats would be significant.

Public Safety Campus
As described in the Habitat Assessment and Western Riverside County MSHCP Consistency Analysis(see Appendix C of Appendix B), one unnamed ephemeral drainage feature/flood control channel that would qualify as a riparian/riverine habitat under the MSHCP is located at the PSC Site. A review of recent and historic aerial photographs of the PSC Site did not provide any visual evidence of an astatic or vernal pool conditions within the PSC Site. A flood control channel was observed transecting the PSC Site from the northeast limits to the middle of the southern boundary. The onsite ephemeral drainage feature is not relatively permanent, standing, or a continuously flowing body of water and, therefore, will not qualify as waters of the United States under the regulatory authority of the Corps (Sackett v. EPA (2022) 143 S. Ct. 1322, 1336). However, the onsite drainage feature would qualify as waters of the State and fall under the regulatory authority of the Regional Board and CDFW. Therefore, the PSC would be required to obtain the following regulatory approvals prior to impacts occurring within the identified jurisdictional areas: Corps Approved Jurisdictional Determination/Waiver; Regional Board Report of Waste Discharge; and CDFW Section 1602 SAA. Further, no sensitive habitats were identified within the PSC Site and no sensitive natural communities would be impacted from PSC implementation. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
According to the U.S. Fish and Wild service National Wetlands Inventory, no riparian habitats or wetlands are present on or adjacent to the CYFS Site. 8 The closest wetland to the CYFS Site is a Riverine, located approximately 0.25-miles to the east. Furthermore, the CYFS would not result in construction or operational activities that would have the potential to impact nearby wetlands. Therefore, the CYFS would not have an adverse effect on any riparian habitat or other sensitive community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. Therefore, the CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. Therefore, the Civic Center TenantImprovements would not result in any new 8 U.S. Fish and Wildlife Services, National Wetlands Inventory, https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/.

Accessed August 24, 2026.
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or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. c. Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No New Impact. As described above, the 2024 RFEIR determined that proposed development of the MoVal 2040 GPU would have the potential to impact riparian scrub, woodland, and forest habitat, which may qualify as wetlands or other jurisdictional resources. Therefore, impacts related to wetlands would be considered significant. A significant impact would occur if federally protected wetlands were modified or removed by a project. Three primary agencies regulate activities within inland streams, wetlands, and riparian areas in California. The U.S. Army Corps of Engineers regulates the discharge of dredged or fill material into “waters of the United States” under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. At the State level, the CDFW regulates activities that alter streambeds or banks under Fish and Wildlife Code Sections 1600 et seq., and the Regional Water Quality Control Board regulates discharges to surface waters pursuant to Section 401 of the Clean Water Act and the PorterCologne Water Quality Control Act.

Public Safety Campus
As described in the Habitat Assessment and Western Riverside County MSHCP Consistency Analysis, no inundated areas, wetland features, or wetland plant species that would be considered wetlands as defined by Section 404 of the Clean Water Act occur within the PSC Site. As a result, implementation of the PSC would not result in any impacts related to federally protected wetlands. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
As described above, there are no wetlands within or adjacent to the CYFS Site; therefore, there would be no substantial adverse effects on State or federally protected wetlands, and no new impacts would occur.

Civic Center Tenant Improvements
As described above, the Civic Center Tenant Improvement Sites are currently developed; therefore, due to the highly disturbed nature of the Sites, there would be no significant impact to existing riparian habitats or wetlands, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. 536

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d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No New Impact. According to the 2024 RFEIR, the MoVal 2040 General Plan Planning Area is located within the MSHCP, which identifies cores for habitat conservation and linkages for wildlife movement. The MoVal 2040 GPU does not propose any land use changes within the key wildlife linkages identified in the MSHCP.

Therefore, the 2024 RFEIR concluded that the MoVal 2040 GPU would not interfere substantially with wildlife movement within MSHCP linkages and impacts would be less than significant.

Public Safety Campus
As described in the Habitat Assessment and Western Riverside County MSHCP Consistency Analysis, the PSC Site has not been identified as occurring in a wildlife corridor or linkage. The PSC Site would be confined to existing areas that have been heavily disturbed and are isolated from regional wildlife corridors. Therefore, the PSC Site does not function as a major wildlife movement corridor or linkage. As such, implementation of the PSC is not expected to have a significant impact on wildlife movement opportunities or prevent local wildlife movement through the area. Due to the lack of any identified impacts to wildlife movement, migratory corridors or linkages or native wildlife nurseries, impacts would be less than significant. Therefore, the PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
According to the MoVal 2040 GPU Open Space Element, habitat areas that support biodiversity and habitat connectivity are located outside of the urban core and are intact habitat areas located on the northern and southeastern edges of the City, including the Box Springs Mountains, Bernasconi Hills, and Lake Perris (see Map OSR-3 the MoVal 2040 Open Space Element). Furthermore, Map OSRC-4 of the Open Space Element shows that there is “Limited Connectivity Opportunity” at the CYFS Site, indicating low ecological connectivity due to urbanization and fragmented open space. Therefore, impacts to the movement of migratory species would be less than significant. The CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements and would not interfere with the movement of any native resident or migratory fish or wildlife species. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. 537

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e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance?
No New Impact. According to the 2024 RFEIR, future projects would be required to comply with policies in the MoVal 2040 GPU that support protection of biologically significant habitats. Therefore, the MoVal 2040 GPU would not conflict with any local policies or ordinances protecting biological resources, and impacts would be less than significant.

As determined in the 2024 RFEIR, there are no local policies or ordinances protecting biological resources.

The Project would be required to comply with applicable policies in the MoVal 2040 GPU. Therefore, impacts to local policies or ordinances are not expected to occur from development of the Project and mitigation would not be required. The Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? No New Impact. According to the 2024 RFEIR, future buildout under the MoVal 2040 GPU would avoid MSHCP Conserved Lands, Criterial Cells, and Public/ Quasi Public Lands. Therefore, the MoVal 2040 GPU would not conflict with an adopted Habitat Conservation Plan, and impacts would be less than significant.

Public Safety Campus
As described in the Habitat Assessment and Western Riverside County MSHCP Consistency Analysis, the PSC Site is located within the Sun City/Moreno Valley Area Plan of the MSHCP but is not located within any designated Criteria Cells or conservation areas. Therefore, with the incorporation of PSC MM BIO-1 provided below and payment of the MSHCP Local Development Mitigation Fee, development of the PSC Site would be fully consistent with the MSHCP. Additionally, the PSC Site is located within the fee area for the Stephens’ Kangaroo Rat Habitat Conservation Plan (SKR HCP). With payment of the SKR HCP fee, development of the PSC Site would be consistent with the MSHCP.

Corporate Yard Fueling Station
The CYFS Site is located within the MSHCP and is not located within any designated Criteria Cells or conservation areas. 9 Therefore, with incorporation of PSC MM BIO-1 and payment of the MSHCP Local Development Mitigation fee, impacts would be less than significant. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.
9 Western Riverside County Regional Conservation Authority, https://www.wrc-rca.org/ Accessed August 24, 2026. 538

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Civic Center Tenant Improvement Sites
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

With implementation of PSC MM BIO-1, impacts to the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan would be less than significant. Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR.

Mitigation Measures:

PSC MM BIO-1 In order to comply with the conservation goals of the MSCHP, a 30-day burrowing owl pre-construction clearance survey be conducted in accordance with the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area prior to any ground disturbing activities. If burrowing owls and/or birds displaying nesting behaviors are observed within the project site and offsite improvement areas during future construction, further review may be needed to ensure compliance with the MSHCP, MBTA, and Fish and Game Code.

4.4.3 Uniformly Applied Development Policies or Standards General Plan Goals and Policies
The 2024 RFEIR concludes that compliance with the following goals and policies applicable to the Project would avoid significant impacts to biological resources:

Goal OSRC-1 Preserve, protect, and enhance natural resources, habitats, watersheds, and wildlife movement corridors in Moreno Valley and the surrounding area to support biodiversity, ecosystem health, and climate resilience through responsible planning and management practices.

Policy OSRC 1-1 Retain the maximum feasible amount of open space and agricultural land in areas outside of the City surrounding Moreno Valley, recognizing its habitat value as well as its contribution to the local economy, quality of life, healthy air quality, and community character.

Policy OSRC 1-2 Support regional efforts to preserve, protect, and enhance environmentally sensitive areas, including hillsides, canyon areas, wildlife corridors, natural watercourses, and riparian areas in and adjacent to the planning area Policy OSRC 1.-8 Cooperate with federal, State, and local regulatory agencies as well as non-profit organizations and neighboring jurisdictions to promote the responsible 539

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stewardship of natural resources, habitats, and wildlife connectivity within the planning area.

Policy OSRC 1-10 Ensure that adverse impacts on sensitive biological resources, sensitive natural communities, sensitive habitat, and wetlands are avoided or mitigated to the greatest extent feasible as development takes place.

Policy OSRC 1-11 Require all development, including roads, proposed adjacent to riparian and other biologically sensitive habitats to mitigate impacts to such areas.

Policy OSRC 1.12 Avoid or minimize development and infrastructure that would fragment identified wildlife corridors or reduce permeability within Essential Connectivity Areas and Natural Landscape blocks.

Action OSRC 1-D Continue to participate in the implementation of regional habitat conservation and restoration programs, including the Western Riverside County Multiple Species Habitat Conservation Plan and the Stephens’ Kangaroo Rat Habitat Conservation Plan.

Other Additional Development Policies and Standards
Compliance with the additional development policies and standards identified below applicable to the Project would also reduce potential biological resources impacts:

Moreno Valley Municipal Code, Title 3, Revenue and Finance, Chapter 3.48 (Western Riverside County Multiple Species Habitat Conservation Plan Fee Program) establishes a local development mitigation fee to further implement the MSHCP. These fees are intended to assist in the maintenance of biological diversity and the natural ecosystem and protect vegetation communities and natural areas within the City and western Riverside County, which are known to support threatened, endangered, or key sensitive populations of plants and wildlife species. These fees also serve to provide a streamlined regulatory process from which development can proceed in an orderly process, and protect the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP.

Moreno Valley Municipal Code, Title 8, Buildings and Construction, Chapter 8.60 (Threatened and Endangered Species) establishes a local development mitigation fee to further implementation of the MSHCP. These fees are intended to assist in the maintenance of biological diversity and the natural ecosystem and protect vegetation communities and natural areas within the city and western Riverside County which are known to support threatened, endangered, or key sensitive populations of plant and wildlife species. These fees also serve to provide a streamlined regulatory process from which development can proceed in an orderly process and protect the existing character of the city and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP. 540

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Moreno Valley Municipal Code, Title 9, Planning and Zoning, Chapter 9.17 (Landscape and Water Efficiency Requirements Section G: Heritage Trees) provides a definition of Heritage Trees and identifies and includes policies for preservation, as well as the measures by which trees can be removed.

4.4.4 Conclusion
With regard to the topic of Biological Resources, the following findings can be made:

1. No peculiar impacts to the Project or the site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2024 RFEIR

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the 2024 RFEIR.

4. Mitigation measures contained within the 2024 RFEIR are applicable to the Project. Project-specific impacts would be less than significant with Project-specific mitigation incorporated. 541

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4.5 CULTURAL RESOURCES
Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
CULTURAL RESOURCES – Would the project:
a. Cause a substantial adverse change in
the significance of a historical resource
as defined in §15064.5?
b. Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to §15064.5?
c. Disturb any human remains, including
those interred outside of formal
cemeteries?
The following section summarizes and incorporates by reference information from the Cultural Resources Assessment that was prepared for the PSC Site by Material Culture Consulting, in March 2024, available as Appendix C: Cultural Resources Assessment.

4.5.1 Summary of Impacts Identified in the 2024 RFEIR
The 2024 RFEIR determined that impacts from future development would have the potential to result in a substantial adverse effect on historical resources, archaeological resources, human remains, and Tribal cultural resources, and impacts would be significant and unavoidable. Implementation of MM CUL-1, MM CUL-2, MM CUL-3, MM CUL-4, MM CUL-5, MM CUL-6, MM CUL-7, MM CUL-8, MM CUL-9, MM CUL-10, and MM CUL-11 would reduce impacts to historical resources, archaeological resources, human remains, and Tribal cultural resources, but impacts would remain significant and unavoidable.

Mitigation Measures from the 2024 RFEIR
GPU MM CUL-1 Prior to the issuance of any permit for a future development site-specific project that would directly or indirectly affect a building/structure in excess of 50 years of age, the City or a qualified architectural historian shall determine whether the affected building/structure is historically significant. The evaluation shall be based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in the CEQA Guidelines. If the evaluation determines that building/structure is not historic, no further evaluation or mitigation would be required. If the building/structure is determined to be historically significant, the preferred mitigation would be to avoid the resource through project redesign. If the resource cannot be avoided, all prudent and feasible measures to A
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minimize or mitigate harm to the resource shall be taken per recommendations of the qualified architectural historian..

GPU MM CUL-2 Prior to issuance of any permit for a future site-specific project that would potentially have a direct or indirect affect an archaeological resource, the City shall require the following steps be taken to determine: (1) the presence of archaeological resources, and (2) the appropriate mitigation for any significant resources which may be impacted by project development. The following steps would help determine the presence or absence of archaeological resources.

Step 1: An archaeologist shall conduct records and background research at the South Coastal Information Center (SCIC) for a list of recorded resources and request a sacred lands file search from the Native American Heritage Commission.

Step 2: After review of this data, a pedestrian survey shall be conducted by a qualified archaeologist.

Step 3: If through the research and the field survey, archaeological resources are identified, then an evaluation of significance shall be completed by a qualified archaeologist. The evaluation program generally will include excavation to determine depth, extent, integrity, and content of the subsurface cultural material.

Step 4: The results of the excavation will be evaluated using the Thresholds above in Section 4.5.4.

Step 5: If an archaeological resource is determined significant and avoidance through project redesign is not feasible, a data recovery and construction monitoring program must be implemented to reduce the impacts the archaeological resource to below a significant level. The data recovery program must be approved by the City.

Step 6: A final data recovery and/monitoring report shall be completed in accordance with the California Office of Historic Preservation’s Archaeological Resource Management Reports: Recommended Content and Format. Confidential attachments must be submitted under separate covers. Artifacts collected during the evaluation and data recovery phases must be curated at an appropriate facility consistent with state (California State Historic Resources Commission’s Guidelines for Curation of Archaeological Collection 1993) and federal curation standards (36 CFR 79 of the Federal Register) and that allows access to artifact collections.

GPU MM CUL-3 Prior to the issuance of any permit for a future site-specific project, the project developer shall retain a professional archaeologist (Project Archaeologist), at no cost to the City, to conduct monitoring of all ground disturbing activities associated with the respective project. The Project Archaeologist shall be authorized to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction. The Project Archaeologist, in consultation with the Consulting Tribe(s), which have requested monitoring, the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) as defined in CUL-5. The Project Archeologist shall attend all pre-grading meetings with the City, the project’s construction manager, the project’s general contractor and the pertinent 543

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contractors. In addition, the Project’s Archaeologist shall provide and conduct Cultural Resources Worker Sensitivity Training, which the project’s construction manager, general contractor, and all pertinent subcontracts shall be required to attend. In addition, to the Project Archaeologist, the designated archaeological monitor for the respective project shall have the authority to temporarily halt and redirect earthmoving activities in the affected area in the event that suspected archaeological resources are unearthed.

GPU MM CUL-4 Prior to the issuance of any permit for a future site-specific project, the project Developer shall secure agreements with the Consulting Tribe(s). The project developer shall provide a minimum of 30 days’ advance notice to the tribes of all grounddisturbing activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth-moving activities in the affected area in the event that suspected archaeological resources are unearthed. The Native American Monitor(s) shall be invited to attend all pre-grading meetings with the Project Archaeologist, the City, the construction manager, and general contractor, and any pertinent subcontractors and conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.

GPU MM CUL-5 The Project Archaeologist, in consultation with the Consulting Tribe(s), the project’s construction manager and general contractor, and the City shall develop a CRMP in consultation pursuant to the definition in AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A Consulting Tribe is defined as a Tribe that initiated the AB 52 and/or SB 18 tribal consultation process for the project, and has not opted out of the AB 52 and/or SB 18 consultation process, and has completed AB 52 and/or SB 18 consultation with the City as provided for in PRC Section 21080.3.2(b)(1) of AB 52. Details in the Plan shall include:
a. Project description and location
b. Project grading and development scheduling;
c. Roles and responsibilities of individuals on the project; d. The pre-grading meeting and Cultural Resources Worker Sensitivity Training details;
e. The protocols and stipulations that the project’s construction manager and general contractor, City, Consulting Tribe(s), and Project Archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
f. The type of recordation needed for inadvertent finds and the stipulations of recordation of sacred items.
g. Contact information of relevant individuals for the project. 544

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GPU MM CUL-6 In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Division:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation-In-place means avoiding the resources, leaving them in the place they were found with no grading or construction activities commencing that may potentially affect or otherwise impact the integrity of the resources.
ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure CUL-3. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in CUL-5 The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.

GPU MM CUL-7 The City shall verify that the following note is included on the Grading Plan of any future site-specific project: “If any suspected archaeological resources are discovered during ground–disturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find.

GPU MM CUL-8 If potential historic or cultural resources are uncovered during excavation or construction activities at any future site-specific project that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, all ground-disturbing activities in the affected area within 100 feet of the uncovered resource must cease immediately and a qualified person meeting the Secretary of the Interior's standards (36 CFR 61), Tribal Representatives, and all site monitors per the Mitigation Measures, shall be consulted by the City to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, or prehistoric resource. Further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional archeologists and Tribal Monitors if needed. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all 545

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Consulting Native American Tribes as defined in CUL-4 before any further work commences in the affected area. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.

GPU MM CUL-9 Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the South Coastal Information Center (SCIC) at the San Diego State University (SDSU) and one (1) copy shall be submitted to each of the Consulting Tribe(s) Cultural Resources Department(s).

GPU MM CUL-10 If human remains are discovered, no further disturbance shall occur in the affected area until the County Coroner has made necessary findings as to if the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 24 hours of the published finding to be given a reasonable opportunity to identify the “most likely descendant”.

The “most likely descendant” shall then make recommendations and engage in consultations concerning the treatment of the remains. (PRC Section 5097.98). (GP Objective 23.3, CEQA). No photographs are to be taken except by the coroner, with written approval by the consulting Tribe[s].

GPU MM CUL-11 It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).

4.5.2 Discussion
a. Cause a substantial adverse change in the significance of a historical resource as defined in section 15064.5? No New Impact. A “historical resource” under CEQA, as defined by PRC Part 5020.1(j) is any object, building, site, area, place, record, or manuscript that is historically or archaeologically significant, or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, 546

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military, or cultural annals of California. Guidelines for CEQA further define a “historical resource” as any resource listed in or determined eligible for listing in the California Register of Historical Resources (CRHR), included in a local register of historical resources, or determined to be historically significant by the Lead Agency. Additionally, a resource would be automatically listed in the California Register if it is listed in the National Register of Historic Places (NRHP) or formally determined eligible by an agency for listing in the National Register.

As described in the 2024 RFEIR, a historic resources search identified a total of 48 existing resources within the MoVal 2040 GPU Planning Area. Of these resources, one is listed as a California Point of Historical Interest. Therefore, the 2024 RFEIR concluded that the MoVal 2040 General Plan would have the potential to cause a substantial adverse change in the significance of historic era resources, which would be considered a significant impact.

Public Safety Campus
A Cultural Resources Assessment (Appendix C) was prepared for the PSC Site, which consisted of a review of the California Historic Resources Inventory System (CHRIS) and Cultural Background Research at the Eastern Information Center (EIC). A one-mile radius search of the PSC Site was prepared. The CHRIS also included a review of the NRHP, the CRHR, the California Points of Historical Interest List, the California Historical Landmarks List, the Archaeological Determinations of Eligibility List, and the California State Inventory of Historic Resources. Additionally, the Cultural Resources Assessment also included a review of the California State Resources Inventory (HRI) and Built Environment Resources Directory (BERD) for Riverside County to determine any local resources that have been previously evaluated for historic significance.

The CHRIS records search identified a total of 29 cultural resource investigations within a one-mile radius buffer around the PSC Site. The CHRIS records search identified a total of 42 previously recorded cultural resources within a one-mile radius of the PSC Site; however, none are located within the PSC Site. If potential historic or cultural resources are discovered, the PSC would comply with applicable State laws and local policies regarding the inadvertent discovery of cultural resources and would be required to implement GPU MM CUL-8. Compliance with these regulatory requirements would ensure that any historic resources are appropriately identified and evaluated and impacts would be less than significant.

Therefore, the PSC Site would not result in significant impacts or in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS would occur on previously disturbed land. For this reason, the CYFS would not result in a substantial adverse change to a historical resource. If potential historic or cultural resources are discovered, the PSC would comply with applicable State laws and local policies regarding the inadvertent discovery of cultural resources and would be required to implement GPU MM CUL-8. Compliance with these regulatory requirements would ensure that any historic resources are appropriately identified and evaluated and impacts would be less than significant. Therefore, the CYFS would not result in any new or 547

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substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. Furthermore, the Civic Center Tenant Improvements would not involve ground-disturbing activities; therefore, the Civic Center Tenant Improvements would not result in significant impacts or in any new or substantially more severe impacts than were identified in the 2024 RFEIR.

Mitigation Measures: No new mitigation measures are required. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section 15064.5?
No New Impact. According to the 2024 RFEIR, the EIC search identified a total of 255 archaeological resources within the MoVal 2040 GPU Planning Area. Therefore, implementation of future projects within the Planning Area could result in ground-disturbing activities within vacant land that could unearth unknown buried archaeological resources. The 2024 RFEIR concluded that implementation of future projects would result in the ground-disturbing activities within vacant land that could unearth unknown buried archaeological resources. The 2024 RFEIR concluded that any grading, excavation, and other ground disturbing activities associated with future development that could expose buried archaeological resources and features, including sacred sites or TCPs, would be considered a significant impact.

Public Safety Campus
The PSC Site currently consists of vacant, undeveloped land with sparse brush, vegetation, and a drainage channel. According to the Cultural Resources Assessment (Appendix C), the PSC Site is considered to have a low to moderate sensitivity for presence of precontact or historical archaeological deposits or features.

The PSC Site would incorporate GPU MM CUL-1 through GPU MM CUL-11 identified in the 2024 RFEIR to ensure potential impacts to archaeological resources would be less than significant. Therefore, the PSC would not result in significant impacts or in any new or substantially more severe impacts to historical resources than were identified in the 2024 RFEIR, and no new impact would occur.

Corporate Yard Fueling Station
The CYFS would occur on previously disturbed land. For this reason, the CYFS would not result in a substantial adverse change to an archaeological resource. However, in the event that an archaeological resources is discovered, the CYFS would incorporate GPU MM CUL-1 through GPU MM CUL-11 identified in the2024 RFEIR to ensure potential impacts to archaeological resources would be less than significant.

Therefore, the CYFS would not result in significant impacts or in any new or substantially more severe impacts to historical resources than were identified in the 2024 RFEIR, and no new impacts would occur. 548

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Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. Furthermore, the Civic Center Tenant Improvements would not involve ground-disturbing activities; therefore, the Civic Center Tenant Improvements would not result in significant impacts or in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. c. Disturb any human remains, including those interred outside of formal cemeteries? No New Impact. According to the 2024 RFEIR the EIC record search did not identify any formal cemeteries or other resources that are known or currently possess human remains. However, due to the history of various Native American Tribes and their presence throughout the MoVal 2040 GPU Planning Area, there is the potential for human remains, including those outside of formal cemeteries. Therefore, the 2024 RFEIR concluded that implementation of future projects could result in the ground-disturbing activities of vacant land that could unearth unknown buried human remains, which could be considered a significant impact.

Public Safety Campus
According to the Cultural Resources Assessment (Appendix C), although no archaeological resources were identified within the PSC Site, the Cultural Resources Assessment concluded that the PSC Site retains a low to moderate sensitivity for presence of precontact or historical archaeological deposits or features.

Therefore, the PSC Site would incorporate GPU MM CUL-10 through GPU MM CUL-11 identified in the 2024 RFEIR to ensure potential impacts to human remains would be less than significant. Therefore, the PSC would not result in significant impacts or in any new or substantially more severe impacts to historical resources than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS would occur on previously disturbed land. For this reason, the CYFS would not result in a substantial adverse change that would disturb human remains. However, in the event that human remains are discovered, the CYFS would incorporate GPU MM CUL-10 and GPU MM CUL-11 identified in the 2024 RFEIR to ensure potential impacts to human remains would be less than significant. Therefore, the CYFS would not result in significant impacts or in any new or substantially more severe impacts to historical resources than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. Furthermore, the Civic Center Tenant Improvements would not involve ground-disturbing activities; therefore, the Civic Center Tenant Improvements would not result 549

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in significant impacts or in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required.

4.5.3 Uniformly Applied Development Policies or Standards General Plan Goals and Policies
The 2024 RFEIR concludes that compliance with the following policies and actions applicable to the Project would avoid significant cultural resources impacts:

Policy OSRC 2-8 Require cultural resource assessments prior to the approval of development proposals on properties located in archeologically sensitive areas.

Policy OSRC-2-A Maintain a map of sensitive archaeological sites in Moreno Valley and use it to inform project applicants of the need for cultural resources assessments.

Other Applicable Development Policies and Standards
Compliance with the additional development policies and standards identified below applicable to the Project would also reduce potential cultural resources impacts:

Moreno Valley Municipal Code, Title 9, Chapter 9.17.030 (Section G) identifies Heritage Trees as any tree that defines the historical and cultural character of the City including older Palm and Olive trees, and/or any tree designated as such by official action. The regulation prohibits any person from removing, destroying, or disfiguring a heritage tree within the City limits. Removal of a heritage tree designated historic and/or culturally significant by official action shall require the review of the ecological historical preservation board. The ordinance provides certain exceptions and exemptions from the Heritage Tree requirements.

Moreno Valley Municipal Code, Title 7, Cultural Preservation, promotes public health, safety, and general welfare by providing for the preservation, identification, protection, enhancement and perpetuation of existing improvements, buildings, structures, signs, objects, features, sites, places, areas, districts, neighborhoods, streets and natural features having special cultural, historical, archaeological, architectural or community value in the City. Per Chapters 7.05 and 7.07, landmarks, structures of merit, and preservation districts and neighborhood conservation areas can be designated by a committee or by the City council on appeal. Title 7, Chapter 7.09.010 requires a permit to restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any landmark, landmark structure, landmark site, or any structure or site within a preservation district.

California Public Resources Code (PRC) 5097.5 provides protection for cultural and paleontological resources, where PRC 5097.5(a) states, in part, that:
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No person shall knowingly and willfully excavate upon, or remove, destroy, injure, or deface, any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over the lands.

California Health and Safety Code Sections 7050.5, 7051, and 7054) specify protocol when human remains are discovered. The code states:

In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of section 27492 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in section 5097.98 of the Public Resources Code.

California PRC Section 15064.5(e), CEQA Guidelines, requires that excavation activities be stopped whenever human remains are uncovered and that the county coroner be called in to assess the remains.

If the county coroner determines that the remains are those of Native Americans, the Native American Heritage Commission (NAHC) must be contacted within 24 hours. At that time, the lead agency must consult with the appropriate Native Americans, if any, as timely identified by the NAHC. Section 15064.5 directs the lead agency (or project proponent), under certain circumstances, to develop an agreement with the Native Americans for the treatment and disposition of the remains.

4.5.4 Conclusion
With regard to the topic of Cultural Resources, the following findings can be made:

1. No peculiar impacts to the Project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2024 RFEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the 2024 RFEIR.

4. Mitigation Measures from the 2024 RFEIR are applicable to the Project and would reduce Projectspecific impacts to a less than significant level. 551

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4.6 ENERGY
Project
Peculiar
Impact that is
not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant in
the Prior EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact More
Severe based
on Substantial
New
Information
No New
Impact
ENERGY - Would the project:
a. Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?
b. Conflict with or obstruct a State or local
plan for renewable energy or energy
efficiency?

4.6.1 Summary of Impacts Identified in the 2024 RFEIR
The 2024 RFEIR determined that impacts to energy would be less than significant. Specifically, the 2024 RFEIR confirmed that impacts to energy consumption would be less than significant as there are no unusual characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the region or State. Therefore, it is expected that construction fuel consumption associated with implementation of the Project would not be any more inefficient, wasteful, or unnecessary than other similar projects of this nature. Therefore, impacts to energy resources associated with the future developments’ construction activities would be less than significant, and no mitigation is required. Future development projects under implementation of the MoVal 2040 Project would permanently increase the operational energy demand when compared to existing conditions; however, impacts to energy consumption during Project operations would be less than significant.

Buildout of the MoVal 2040 Project would result in increased consumption of energy; however future development would be required to at minimum to meet the mandatory energy requirements of CALGreen and the California Energy Code (Title 24, Part 6 of the California Code of Regulations [CCR]) in effect at the time of development, and would benefit from the efficiencies associated with these regulations as they relate to building HVAC mechanical systems, water heating systems, and lighting. Additionally, the 2024 CAP includes a number of GHG reduction goals related to energy use and energy conservation. Therefore, implementation of the MoVal 2040 Project would not create a land use pattern that would result in a wasteful, inefficient, or unnecessary use of building-related energy, and impacts would be less than significant.
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Future development would be required at a minimum to meet the mandatory energy requirements of CALGreen and the California Energy Code in effect at the time of development. Therefore, implementation of the MoVal 2040 Project would not conflict with or obstruct implementation of CALGreen and California Energy Code, or with Southern California Edison’s (SCE) and Moreno Valley Electric Utility’s (MVU) implementation of California’s Renewable Portfolio Standard (RPS), and impacts would be less than significant.

Mitigation Measures from the 2024 RFEIR
No GPU MM related to energy were included in the 2024 RFEIR as impacts related to energy were found to be less than significant. However, the following GPU MM related to air quality are applicable to the proposed Project and would further reduce energy use during construction and are listed below:

GPU MM AQ-2 Applicants for future discretionary development projects which will generate construction-related fugitive dust emissions that exceed applicable thresholds shall include, but are not limited to, the mitigation measures recommended by SCAQMD’s CEQA Air Quality Handbook, to the extent technically and logistically feasible and applicable. The measures shall be included as notes on the grading and/or demolition plans:
• The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excess amounts of dust. • Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations.

Application of watering (preferably reclaimed water, if available) should penetrate sufficiently to minimize fugitive dust during grading activities. This measure can achieve PM10 reductions of 61 percent through application of water every three hours to disturbed areas.
• Fugitive dust produced during grading, excavation, and construction activities shall be controlled by the following activities: To reduce energy demand associated with potable water conveyance, future projects shall implement the following, as applicable:
o All trucks shall be required to cover their loads as required by California Vehicle Section 23114. Covering loads and maintaining a freeboard height of 12 inches can reduce PM10 emissions by 91 percent.
o All graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering at not less than three hour intervals, application of environmentally safe soil stabilization materials, and/or roll-compaction as appropriate.

Watering shall be done as often as necessary and reclaimed water 553

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shall be used whenever possible. Application of water every three hours to disturbed areas can reduce PM10 emissions by 61 percent. • Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization. Soil stabilization methods, such as water and roll-compaction, and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered until grass growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. Replacement of ground cover in disturbed areas can reduce PM10 emissions by 5 percent. • Signs shall be posted on-site limiting traffic to 15 miles per hour or less. This measure can reduce associated PM10 emissions by 57 percent. • During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties; instantaneous wind speeds exceeding 25 miles per hour), all clearing, grading, earth moving, and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard off-site or onsite. The site superintendent/supervisor shall use his/her discretion in conjunction with SCAQMD when winds are excessive (above 25 miles per hour).
• Adjacent streets and roads shall be swept at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads.
• Personnel involved in grading operations, including contractors and subcontractors, shall be required to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations.

GPU MM AQ-3 Applicants for future discretionary development projects that would generate construction-related emissions that exceed applicable thresholds, shall include, but are not limited to, the mitigation measures recommended by the SCAQMD (in its CEQA Air Quality Handbook or otherwise), to the extent technically and logistically feasible and applicable to the project. The types of measures shall include but are not limited to:
• Construction haul truck operators for demolition debris and import/export of soil shall use trucks that meet CARB’s 2020 engine emissions standards of

0.01 grams per brake horsepower hour of particulate matter (PM) and 0.20 grams per brake horsepower-hour of NOx emissions. Operators shall maintain records of all trucks associated with project construction to document that each truck used meets these emission standards and shall provide these records prior to grading permit issuance to the City. 554

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• Construction vehicle idling shall be limited to five minutes as set forth in California Code of Regulations Title 13, Article 4.8, Section 2449. Signs shall be posted in areas where they will be seen by vehicle operators stating idling time limits. This requirement shall be included on the plans. • Construction contractors shall utilize construction equipment that uses low polluting fuels (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that they are available and feasible to use.

This requirement shall be included on the plans.
• Heavy duty diesel-fueled equipment shall use low NOx diesel fuel to the extent that it is available and feasible to use. This requirement shall be included on the plans.
• Construction contractors shall use electricity from power poles rather than temporary gasoline or diesel-powered generators, as technically and logistically feasible, or solar where available. This requirement shall be included on the plans.
• Construction contractors shall maintain construction equipment in good, properly tuned operating condition, as specified by the manufacturer, to minimize exhaust emissions. Documentation demonstrating that the equipment has been maintained in accordance with the manufacturer’s specifications shall be shared with the City prior to grading permit issuance. • Construction contractors shall reroute construction trucks away from congested streets or sensitive receptor areas, as technically and logistically feasible. This requirement shall be included on the plans.

4.6.2 Discussion
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? No New Impact. The 2024 RFEIR concluded that energy conservation measures required by applicable energy conservation regulations (e.g., CALGreen, Title 24) and energy conservation policies included in the proposed MoVal 2040 Project, and the Climate Action Plan (CAP) would support the minimization of energy consumption from operations associated with future development. Therefore, implementation of the General Plan would not result in a wasteful, inefficient, or unnecessary consumption of energy resources, and impacts would be less than significant with no mitigation required.

A significant impact would occur if a project was to substantially increase demand for energy resources, which exceeds the available supply. The proposed Project would be constructed in accordance with all applicable laws and regulations, including applicable State and federal laws, and building regulations that are intended to promote efficient utilization of resources and minimize environmental impacts. 555

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Construction
During construction, energy would be consumed in the form of electricity associated with the conveyance of water used for dust control, and on a limited basis, powering lights, electronic equipment, or other construction activities necessitating electrical power. Construction would also consume energy in the form of petroleum-based fuels associated with the use of off-road construction vehicles and equipment within the Project Site, construction worker travel trips.

The proposed Project would utilize construction contractors who demonstrate compliance with applicable California Air Resources Board (CARB) regulations governing the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on- and off-road equipment. CARB has adopted the Airborne Toxic Control Measures to limit heavy-duty diesel motor vehicle idling to reduce public exposure to diesel particulate matter and other toxic air contaminants (TACs). Compliance with these measures would result in a more efficient use of construction-related energy and would minimize or eliminate wasteful or unnecessary consumption of energy. Idling restrictions and the use of newer engines and equipment would result in less fuel combustion and energy consumption. Idling restrictions and the use of newer engines and equipment would result in less fuel combustion and energy consumption, as would use of haul trucks with larger capacities. Additionally, as required by CCR Title 13 (Motor Vehicles), Section 2449(d)(3) (Idling), idling times of construction vehicles are limited to no more than five minutes, thereby minimizing or eliminating unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment.

Construction equipment used over the approximately 27-month construction timeline would conform to CARB regulations and California emissions standards and is evidence of related fuel efficiencies. There are no unusual Project characteristics or construction processes that would require the use of equipment that would be more energy-intensive than is used for comparable activities; or equipment that would not conform to current emissions standards (and related fuel efficiencies). Equipment employed in construction of the Project would therefore not result in inefficient, wasteful, or unnecessary consumption of fuel.

Further, GPU MM AQ-2 and GPU MM AQ-3 would reduce construction energy consumption by requiring practices that improve construction efficiency, minimize unnecessary equipment and vehicle activity, and reduce reliance on diesel- and gasoline-powered equipment. GPU MM AQ-2 would reduce fuel use associated with fugitive dust control and hauling by minimizing disturbed areas, stabilizing exposed soils, limiting site speeds, covering haul truck loads, sweeping track-out, and using reclaimed water where feasible, thereby reducing unnecessary hauling, rework, and potable water conveyance energy demand.

GPU MM AQ-3 would further reduce construction energy use by requiring cleaner haul trucks and equipment, limiting idling, maintaining equipment in proper working condition, rerouting trucks away from congested areas, using low-polluting fuels where feasible, and using grid electricity from power poles rather than temporary fossil-fueled generators when technically and logistically feasible. 556

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Operation
Energy consumption in support of, or related to, Project operations would include transportation energy demands (energy consumed by employee and patron vehicles accessing the Project Site) and facilities energy demands (energy consumed by building operations and site maintenance activities).

Trip generation and VMT generated by the proposed Project are consistent with other similar public facility uses of similar scale and configuration as reflected respectively in the Institute of Transportation Engineers (ITE) Trip Generation Manual (12th Edition, 2025). That is, the proposed Project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips and VMT, nor associated excess and wasteful vehicle energy consumption. The PSC component of the Project would include four emergency generators, which would supply emergency backup power to the building in the event of an emergency. As such, the emergency generator would not be part of the Project’s normal daily operations but would operate during testing and maintenance purposes in additional to emergency uses. However, as previously discussed, the emergency generators are subject to SCAQMD permitting and operational requirements, including rules that limit emissions from stationary internal combustion engines and restrict routine testing and maintenance hours. These requirements limit non-emergency generator operation, require compliance with applicable emission standards and fuel requirements, and help ensure that diesel or other fuel use associated with backup power is limited primarily to emergency, testing, and maintenance purposes.

Therefore, the proposed Project would not result in the wasteful, inefficient, or unnecessary consumption of energy and thus would not generate significant impacts with regard to energy use and consumption.

Therefore, the proposed Project would not result in significant impacts or in any new or substantially more severe impacts that were identified in the 2024 RFEIR.

Mitigation Measures: No new mitigation measures are required. b. Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? No New Impact. The applicable State plans that address renewable energy and energy efficiency are CALGreen, the California Energy Code, and California RPS. The 2024 RFEIR concluded that future development allowed under the Project would implement applicable regulation that would ensure development would be energy efficient. Therefore, implementation of the MoVal 2040 Project would not conflict with or obstruct implementation of CALGreen and the California Energy Code, or with SCE and MVU implementation of the RPS, and impacts would be less than significant with no mitigation required.

The Project would be required to comply with at a minimum to meet the mandatory energy requirements of CALGreen and the California Energy Code in effect at the time of development. SCE and MVU, the electricity providers for the City, are currently meeting RPS goals and are on track to achieve future RPS goals. The Project must also comply with the California Title 24 Building Energy Efficiency Standards. The California Title 24 Building Energy Efficiency Standards are designed to ensure new and existing buildings 557

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achieve energy efficiency and preserve outdoor and indoor environmental quality. As such, there would be no new impacts relating to consistency with a State or local plan for renewable energy or energy efficiency. Therefore, the proposed Project would not result in significant impacts or in any new or substantially more severe impacts that were identified in the 2024 RFEIR.

Mitigation Measures: No new mitigation measures are required.

4.6.3 Uniformly Applied Development Policies or Standards General Plan Goals and Policies
The 2024 RFEIR concluded that compliance with the following goals and policies applicable to the Project would reduce energy impacts:

Policy PPS.4-5 Facilitate installation of advanced technology infrastructure, including, but not limited to, infrastructure for high speed internet access and solar energy.

Policy S.3-6 Encourage the use of landscaping, building materials, and site design techniques that provide passive cooling and reduce energy demand. In particular, promote the use of voluntary measures identified in the California Green Building Code (Title 24, Part 11 of the California Code of Regulations) to minimize heat island effects, including hardscape and roof materials with beneficial solar reflectance and thermal emittance values and measures for exterior wall shading.

Goal OSRC-3 Use energy water wisely and promote reduced consumption.

Policy OSRC 3-1 Promote energy conservation throughout the community and encourage the use of renewable energy systems and technologies to supplement or replace traditional building energy systems.

Policy OSRC 3-4 Continue to implement energy and water conservation measures in City facilities and operations.

Other Applicable Development Policies and Standards
Compliance with the additional development policies and standards identified below applicable to the Project would also reduce potential energy impacts:

R1-E3 AB 1109 Energy Efficiency Standards for Lighting would require the Project to comply with the California Energy Commission (CEC) energy efficiency standards for general purpose lighting.

California Code of Regulations, Title 13, Section 2449 (In-Use Off-Road Diesel-Fueled Fleets Regulations) establishes requirements for in-use off-road diesel-fueled fleets to reduce diesel particulate matter, NOX, and other emissions from construction and industrial equipment through fleet reporting, equipment labeling, idling restrictions, and phased compliance with fleet emission standards. 558

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California Code of Regulations, Title 24, and CALGreen Requirements consists of a compilation of several distinct standards and codes related to building construction, including, but not limited to, plumbing, electrical, interior acoustics, energy efficiency, and handicap accessibility. The Project would be required to comply with California Building Energy Efficiency Standards and CALGreen requirements, which establish mandatory energy efficiency, lighting, building envelope, mechanical system, and electric vehicle infrastructure standards for new construction and certain improvements. Compliance with these standards would reduce building energy demand and help ensure the Project would not result in wasteful, inefficient, or unnecessary energy consumption.

Title 24, Part 6, Energy Efficiency Standards, requires buildings to incorporate energy-efficient design features, such as efficient building envelopes, lighting, HVAC systems, water heating systems, and related controls, to reduce electricity and natural gas consumption and avoid wasteful or inefficient energy use.

Title 24, Part 11, California Green Building Standards Code, commonly referred to as CALGreen, requires sustainable design measures related to energy efficiency, water conservation, material conservation, waste reduction, indoor environmental quality, and, where applicable, electric vehicle charging infrastructure, thereby supporting reduced resource consumption and more efficient building operation.

California Renewable Portfolio Standards requires electricity retail sellers and publicly owned utilities to procure an increasing percentage of their electricity from eligible renewable energy resources, such as solar, wind, geothermal, biomass, and small hydroelectric facilities. Under current State law, California utilities must supply 60 percent renewable electricity by 2030, with the broader statewide goal of achieving 100 percent zero-carbon electricity by 2045. The RPS supports reduced reliance on fossil fuels and increasingly lower-carbon electricity used by new development.

California Vehicle Code Section 23114 requires vehicles carrying loose material—such as dirt, sand, gravel, aggregate, green waste, or other materials—to be loaded, covered, or secured so that the material does not spill, leak, drop, sift, or otherwise escape from the vehicle while traveling on public roads.

City Development and Design Standards, specifically the City’s development review, building, lighting, landscaping, parking, and site design standards, would apply to the Project as applicable and would help regulate energy-related design features such as exterior lighting efficiency, heat island reduction, landscaping, site circulation, and parking design. These standards provide local implementation mechanisms to ensure that development is designed and operated in a manner consistent with City requirements.

Moreno Valley Climate Action Plan / GHG-Related Policies support energy conservation through measures such as improved building efficiency, reduced transportation energy demand, increased use of renewable energy, and expanded electric vehicle infrastructure. These measures help demonstrate consistency with local strategies to reduce fossil fuel use and improve overall energy efficiency. 559

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4.6.4 Conclusion
With regards to the issue area of Energy, the following findings can be made:

1. No peculiar impacts to the Project or the site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2024 RFEIR.

3. No substantial new information has been identified which result in an impact which is more serve than anticipated by the 2024 RFEIR.

4. No mitigation measures contained within the 2024 RFEIR would be required because Project-specific impacts would be less than significant; however, some air quality-related mitigation measures would also reduce energy consumption. No Project-specific mitigation measures are required. 560

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4.7 GEOLOGY AND SOILS
Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
GEOLOGY AND SOILS – Would the project:
a. Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or
death involving:
i. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo
Earthquake Fault Zoning map,
issued by the State Geologist for
the area or based on other
substantial evidence of a known
fault? Refer to Division of Mines
and Geology Special Publication

42. ii. Strong seismic ground shaking?
iii. Seismic-related ground failure,
including liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the
loss of topsoil?
c. Be located on a geologic unit or soil
that is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction or collapse?
d. Be located on expansive soil, as
defined in Table 18-1-B of the Uniform
Building Code (1994), creating
substantial risks to life or property?
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewers are not
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Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
GEOLOGY AND SOILS – Would the project:
available for the disposal of
wastewater?
f. Directly or indirectly destroy a unique
paleontological resource or site unique
geologic feature?
The following section summarizes and incorporates by reference information from the Geotechnical Evaluation prepared by GeoTek Inc., dated July 16, 2024 (Appendix D: Geotechnical Evaluation), Cultural Resources Assessment prepared by Material Culture Consulting, prepared March 2024 (Appendix C:

Cultural Resources Assessment ), and Paleontological Resources Assessment prepared by Material Culture Consulting (Appendix F: Paleontological Resources Assessment).

4.7.1 Summary of Impacts Identified in the 2024 RFEIR
The 2024 RFEIR concluded that implementation of the MoVal 2040 Project would result in less than significant impacts to seismic ground shaking and seismic-related ground failure, including liquefaction, substantial soil erosion, or the loss of topsoil, on-site or off-site landslide, lateral spreading, subsidence, liquefaction or collapse, and expansive soils. The 2024 RFEIR concluded that impacts to paleontological resources would be less than significant with implementation of GPU MM PAL-1.

Mitigation Measures from the 2024 RFEIR
GPU MM PAL-1 Applications for future development, wherein the Community Development Director or his or her designee has determined a potential for impacts to paleontological resources, shall review the underlying geology and paleontological sensitivity of the site. If it is determined that the potential exists that sensitive paleontological resources are present, the applicant shall be required to comply with the following mitigation framework.

A qualified paleontological monitor shall be present during grading in project areas where a project specific geological technical study has determined that such monitoring is necessary due to the potential for paleontological resources to reside within the underlying geologic formations. The geologic technical study shall also 562

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provide specific duties of the monitor, and detailed measures to address fossil remains, if found.

4.7.2 Discussion
a. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant. A significant impact could occur if the Project would cause personal injury or death or result in property damage as a result of a fault rupture occurring on the Project Site, or if the Project Site is located within a State-designated Alquist-Priolo Zone or other designated fault zone. Development projects located within an Alquist-Priolo Earthquake Fault Zone are required to prepare special geotechnical studies to characterize hazards from any potential surface ruptures.

Earthquakes are a common occurrence within the State and the 2024 RFEIR identified that the San Jacinto fault zone, which has been categorized as an Alquist Priolo earthquake fault zone, traverses the northeastern and eastern boundary of the City.
10 However, the City’s MoVal 2040 GPU Safety Element
identifies various goals, policies and actions that would address potential geologic and seismic hazards.

Public Safety Campus
According to the Geotechnical Evaluation (Appendix D), the PSC Site is not located within an Alquist-Priolo Earthquake Fault Zone. The nearest active fault is the San Jacinto Fault Zone (San Bernardino Valley Section) located approximately 2.25-miles to the northeast of the PSC Site. As such, implementation of the PSC would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving the rapture of a known earthquake fault or Alquist-Priolo Earthquake Fault Zone. Therefore, the PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
As described above, the City’s MoVal 2040 General Plan Safety Element identifies an Alquist Priolo Fault Zone along the northeastern and eastern boundary of the City; therefore, there would be no Alquist Priolo Fault Zones within or near the CYFS Site.
11 The nearest active fault is the San Jacinto Fault Zone, located 10 City of Moreno Valley, Revised Draft Program Environmental Impact Report for the MoVal 2040: Moreno Valley General Plan Update, Associated Zoning Text Amendments to Title 9 (Planning & Zoning) and Zoning Atlas Amendments, and Climate Action Plan, https://www.moval.org/cdd/documents/general-plan2040/MoVal-2040-Revised-Draft-Program-EIR.pdf. Accessed August 19, 2026. 11 City of Moreno Valley, MoVal 2040 General Plan Safety Element , https://www.moval.org/cdd/documents/general-plan2040/06-Safety.pdf.

Accessed August 19, 2026.
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approximately 6.1-miles northeast of the CYFS Site. 12 As such, implementation of the CYFS would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving the rapture of a known earthquake fault or Alquist-Priolo Earthquake Fault Zone. Therefore, the CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. As such, implementation of the Civic Center Tenant Improvements would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving the rapture of a known earthquake fault or Alquist-Priolo Earthquake Fault Zone. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. ii) Strong seismic ground shaking?
No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant. A significant impact would occur if the Project would cause personal injury or death or resulted in property damage as a result of seismic ground shaking. According to the 2024 RFEIR all projects developed under the MoVal 2040 GPU could be affected by ground shaking during a seismic event associated with the San Jacinto fault zone, which traverses the northeastern and eastern boundary of the City, as well as the San Andres Fault located approximately 15 miles northeast and the Elsinore Fault located approximately 17 miles southwest. As such, the 2040 RFEIR found that seismic hazard impacts in the City would be less than significant after compliance with MoVal 2040 GPU Safety Element goals and policies and Municipal Code requirements.

As described in the 2040 RFEIR, projects developed under the MoVal 2040 GPU would be located in an area of high regional seismic activity and may experience ground shaking due to the presence of the San Jacinto Fault. The Project would not involve mining operations, deep excavation into the earth, or boring of large area, which could create unstable seismic conditions like strong seismic ground shaking.

Development of the Project would comply with Chapter 8.20, California Building Code, of the City’s Municipal Code, which adopts the building requirements of the CBC as the City’s Building Code, as well as applicable policies of the MoVal 2040 GPU. Compliance with the CBC would ensure earthquake safety based on factors including occupancy type, the types of soils on site, and the probable strength of the 12 Department of Conservation California Geologic Survey, https://maps.conservation.ca.gov/cgs/informationwarehouse/apreports/#data_s=id%3AdataSource_3-190b882b5e3-layer-12%3A21901.

Accessed August 19, 2026.
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ground motion, Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. iii) Seismic-related ground failure, including liquefaction? No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant. A significant impact may occur if a Project Site is located within a liquefaction zone.

Liquefaction refers to loose, saturated sand or gravel deposits that lose their load supporting capability when subjected to intense shaking. Liquefaction usually occurs during or shortly after a large earthquake.

The movement of saturated soils during seismic events from ground shaking can result in soil instability and possible structural damage.

Public Safety Campus
According to Appendix D, the PSC Site is not located within a mapped liquefaction area. Based on the estimated depth to historic high groundwater, and due to the relatively dense/stiff state of the subsurface materials of the PSC Site, the liquefaction potential is considered minimal at the PSC Site. As such, implementation of the PSC would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction.

Therefore, the PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
According to the MoVal 2040 GPU Safety Element, a majority of the City is classified as having low or moderate potential for liquefaction. As depicted in Map S-2 Liquefaction Hazard of the City’s Safety Element, the Corporate Fueling Station Site is located within an area of Moderate Liquefaction Susceptibility. 13 As previously discussed, development of the Project would comply with Chapter 8.20 of the City’s Municipal Code, which adopts the building requirements of the CBC as the City’s Building Code, as well as applicable policies of the MoVal 2040 General Plan. Therefore, potential impacts related to seismic ground failure, including liquefaction, would be reduced to a less than significant level. As such, the CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. As such, implementation of the Civic Center Tenant Improvements would not directly or indirectly cause potential substantial adverse effectsrelated to seismic ground failure, including 13 City of Moreno Valley, MoVal 2040 General Plan Update Safety Element, https://www.moval.org/cdd/documents/general-plan2040/06- Safety.pdf. Accessed August 19, 2026.
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liquefaction. Furthermore, as previously discussed, development of the Project would comply with Chapter 8.20 of the City’s Municipal Code, which adopts the building requirements of the CBC as the City’s Building Code, as well as applicable policies of the MoVal 2040 GPU. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. iv) Landslides?
No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant. Landslides are the downslope movement of geologic materials that occur when the underlying geological support on a hillside can no longer maintain the load of material above it, causing a slope failure.

General slope stability is determined by a number of factors including slope, vegetative cover, wildfire, bedrock, soil, precipitation, and human alteration. According to the 2024 RFEIR, while most of the City is flat, there are some portions of the City that have been assigned moderate to high risk of landslide, largely in slope areas. Future development under the MoVal 2040 General Plan would be required to adhere to relevant regulations contained in the Municipal Code and adhere to the MoVal 2040 General Plan Safety Element goals and policies. Therefore, impacts related to landslides were determined to be less than significant.

Public Safety Campus
According to the Geotechnical Evaluation (Appendix D), the PSC Site is located within a generally flat terrain, with minimal potential for seismic induced landslides. Therefore, the PSC Site would not be adversely affected by landslides. For these reasons, the PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR and no new impacts would occur.

Corporate Yard Fueling Station
As described in the MoVal 2040 GPU Safety Element, the majority of the City is relatively flat and has been assigned a landslide susceptibility of zero (No Risk) by the California Geological Survey. As depicted in Map S-3: Landslide Hazards in the MoVal 2040 GPU Safety Element, the CYFS Site is classified with a zerolandslide susceptibility. Development of the CYFS would comply with Chapter 8.20 of the City’s Municipal Code, as well as applicable policies of the MoVal 2040 GPU. For these reasons, the Project would not result in any new or substantially more severe impacts involving landslides than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. As such, implementation of the Civic Center Tenant Improvements would not directly or indirectly cause potential substantial adverse effects related to landslides. Furthermore, as 566

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previously discussed, development of the Project would comply with Chapter 8.20 of the City’s Municipal Code, as well as applicable policies of the MoVal 2040 General Plan. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. b. Would the project result in substantial soil erosion or the loss of topsoil? No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant. A significant impact would occur if construction activities or future uses result in substantial soil erosion or loss of topsoil. According to the 2024 RFEIR, grading, evacuation, demolition and construction activities associated with future development construction activities related to the buildout of the MoVal 2040 General Plan would increase the potential to expose topsoil to erosion. However, adherence to Municipal Code requirements would result in less than significant impacts.

Public Safety Campus
Development of the PSC Site would involve improvements to hardscape, irrigation systems, and the onsite drainage culvert. Additionally, the PSC Site would implement erosion protection and drainage control measures as discussed in the Geotechnical Evaluation to ensure proper drainage is maintained on the PSC Site. As discussed in the 2024 RFEIR, future development would be required to incorporate long-term water quality controls pursuant to stormwater standards, including the National Pollutant Discharge Elimination System (NPDES) Municipal Permit requirements and the Title 8, Chapter 9.17, Landscape and Water Efficiency Requirements, of the City’s Municipal Code, which provides additional guidance for erosion control and slope planting. Therefore, with adherence to applicable regulations and Municipal Code requirements, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
Development of the CYFS would incorporate long-term water quality controls pursuant to stormwater standards, including the NPDES Municipal Permit requirements and the Title 8, Chapter 9.17, Landscape and Water Efficiency Requirements, of the City’s Municipal Code, which provides additional guidance for erosion control and slope planting. Therefore, with adherence to applicable regulations and Municipal Code requirements, the CYFS would not result in any new or substantially more severe impacts related to substantial soil erosion or the loss of topsoil than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. As such, implementation of the Civic Center Tenant Improvements would not 567

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directly or indirectly cause potential substantial adverse effectsrelated to soil erosion or the loss of topsoil.

Furthermore, as previously discussed, development of the Project would comply with the NPDES Municipal Permit requirements and Title 8, Chapter 9.17, Landscape and Water Efficiency Requirements, of the City’s Municipal Code, which provides additional guidance for erosion control and slope planting as well as applicable policies of the MoVal 2040 General Plan. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant. A significant impact may occur if a project is built in an unstable area without proper site preparation or design features to provide adequate foundations, thus posing a hazard to life and property.

According to the United States Geological Survey (USGS), the City is not located within an area of land subsidence. 14 Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. d. Would the project be located on expansive soil, as defined in Table 18 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant. A significant impact would occur if the Project were built on expansive soils without proper site preparation or design features to provide adequate foundations for project buildings, thus posing a hazard to life and property. Expansive soils contain significant amounts of clay particles that have the ability to give up water (shrink) or take on water (swell). When these soils swell, the change in volume can exert pressures that are placed on them, and structural distress and damage to buildings could occur. Highly expansive soil can cause structural damage to foundations and roads without proper structural engineering and are generally less suitable or desirable for development than non-expansive soils because of the necessity for detailed geological investigations and costlier grading applications.

Public Safety Campus
According to the Preliminary Soil Investigation (Appendix E) for the PSC Site, the PSC Site is underlain by near surface sandy soils that have a very low expansion potential. As such, the PSC Site would not be located on expansive soil, creating direct or indirect risk to life or property. Therefore, the PSC would not 14 United States Geologic Survey (USGS), Areas of Land Subsidence in California, https://ca.water.usgs.gov/land_subsidence/californiasubsidence-areas.html. Accessed August 19, 2026. 568

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result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS is comprised of Greenfield sandy loam (GyA), Hanford fine sandy loam (HgA), and Ramona sandy loam (RaB3), which are alluvial soils with a low potential for expansion. 15 Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities. As such, implementation of the Civic Center Tenant Improvements would not directly or indirectly cause potential substantial adverse effects related to expansive soils. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No New Impact. As discussed in the 2024 RFEIR, all proposed septic systems (subsurface sewage disposal systems) must comply with Regional Water Quality Control Board (RWQCB) regulations designed to prevent groundwater contamination from septic system effluent. This topic was evaluated in the 2024 RFEIR and no impacts were identified. A project would cause a significant impact if adequate wastewater disposal were not available.

The Project would not require the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. Therefore, there is no potential for a significant impact to the environment from soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. The Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No New Impact. Paleontological resources were evaluated in the 2024 RFEIR and determined that construction-related ground disturbing activities associated with future development could result in a 15 United States Department of Agriculture (USDA), Web Soil Survey, https://websoilsurvey.sc.egov.usda.gov/WssProduct/l4xwizcc0yscbcquv2qzvhi4/GN_00000/20260819_19314607752_28_Soil_Report.pdf.

Accessed August 19, 2026.
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significant impact of nonrenewable paleontological resources. However, implementation of GPU MM PAL1 would mitigate impacts to paleontological resources to less than significant. A significant impact would occur if excavation or construction activities associated with the Project would disturb paleontological or unique geological features.

Public Safety Campus
The Paleontological Resources Assessment (Appendix F) prepared for the PSC Site included a fossil locality records search, literature review, and intensive pedestrian survey. The Paleontological Resources Assessment determined that there were no significant paleontological resources identified within the PSC Site during the locality records searches or field survey. However, the Paleontological Resources Assessment determined that there were nearby fossil localities that have produced significant paleontological resources within sedimentary deposits that are also mapped within the PSC Site. The uppermost layers of soil within the PSC Site consist of younger alluvial deposits that may shallowly overlie older, more paleontologically sensitive sediments. In addition, the PSC Site is mapped in the Riverside County Land Information System (RCLIS) as High Sensitivity B, which is based on the presence of geologic formations or mapped rock units that are known to contain (or have the correct age and depositional conditions to contain) significant paleontological resources at depths below 5 feet.

Based on the results of the Paleontological Resources Assessment, the PSC Site is considered to have a moderate-to-high sensitivity for the potential to impact paleontological resources during grounddisturbing construction activities in undisturbed sedimentary deposits. In the event that a paleontological resource is discovered at the PSC Site, the Project would incorporate GPU MM PAL-1 identified in the 2024 RFEIR to ensure impacts to archaeological resources would be less than significant. Therefore, the PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The CYFS would occur on previously disturbed land. For this reason, the CYFS would not result in a substantial adverse change that would directly or indirectly destroy a paleontological resource. However, in the event that paleontological resources are discovered, the CYFS would incorporate GPU MM PAL-1 identified in the 2024 RFEIR to ensure potential impacts to paleontological resources would be less than significant. Furthermore, the Project would comply with applicable State requirements for the discovery, treatment, and preservation of paleontological resources during construction, including halting work and retaining a qualified paleontologist to evaluate and mitigate any finds in accordance with PRC Section 5097.5. Compliance with these uniformly applied regulatory requirements would ensure that any previously unidentified paleontological resources are appropriately identified, documented, and preserved. Therefore, the CYFS would not result in significant impacts or in any new or substantially more severe impacts to historical resources than were identified in the 2024 RFEIR, and no new impacts would occur.
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Civic Center Tenant Improvements
The Civic Center Tenant Improvement Sites would occur entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not involve ground-disturbing activities that could disturb paleontological resources. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required.

4.7.3 Uniformly Applied Development Policies or Standards General Plan Goals and Policies
The 2024 RFEIR concludes that compliance with the following goals and policies applicable to the Project would avoid significant geology and soils impacts:

Goal S-1 Protect life and property from natural and humanmade hazards.

Policy S.1-1 Continue to restrict the development of habitable structures within Alquist-Priolo Fault Earthquake Fault Zones consistent with State law.

Action S.1-B Use the building inspection program to inventory and evaluate earthquake hazards in existing buildings, especially buildings with unreinforced masonry (URM), using the most current seismic design standards and hazard reduction measures. Explore measures to encourage building owners to upgrade and retrofit structures to render them seismically safe.

Policy S.1-10 Through development agreements and compliance with adopted master drainage plans and existing regulations, require that new development provide necessary storm drainage improvements and ensure that upstream stormwater generators fully address stormwater needs on their property.

Action S.1-E In updating the Capital Improvement Plan, consider and incorporate flood control improvements identified in master drainage plans, specifying funding and timing of prioritized improvements. Coordinate the City’s Capital Improvement Plan with planned County improvements.

Goal OSRC-2 Preserve and respect Moreno Valley’s unique cultural and scenic resources, recognizing their contribution to local character and a sense of place.

Policy OSRC 2-8 Require cultural resource assessments prior to the approval of development proposals on properties located in archaeologically sensitive areas.

Other Applicable Development Policies and Standards
Compliance with the additional development policies and standards identified below applicable to the Project would also reduce potential energy geology and soils impacts:
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California Building Code (CBC) is the State regulations protecting human-occupied structures from geoseismic hazards are contained in CCR Title 24, Part 2 (the CBC). The City of Moreno Valley adopted the 2025 California Building code on November 4, 2025 (Ordinance No. 1033).

National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities, Order No. 2022-0057-DWQ (or the latest approved Construction General Permit) requires compliance with the following: filing a Notice of Intent (NOI); a Risk Assessment; a Site Map; a Storm Water Pollution Prevention Plan (SWPPP) and associated Best Management Practices (BMPs); an annual fee; and a signed certification statement.

City of Moreno Valley Local Hazard Mitigation Plan was prepared pursuant to the requirements of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 2000. The Local Hazard Mitigation Plan provides a strategy planning tool for the reduction of or prevention of injury and damage from hazards identified within the City. The City’s Hazard Mitigation Goals, Objectives, and related potential Actions identify a range of specific actions to achieve respective goals or objectives.

Moreno Valley Municipal Code, Title 8, Chapter 8.20, California Building Code, adopts the California Building Code as part of the City’s local building regulations, with amendments applicable to development within Moreno Valley. The chapter establishes building safety standards for the construction, alteration, repair, relocation, demolition, use, and occupancy of buildings and structures. Compliance with Chapter

8.20 ensures that new development is reviewed for consistency with applicable structural, life safety, accessibility, fire-resistive, and building permit requirements, as administered by the City’s Building Official. These standards are uniformly applied to development projects to protect public health, safety, and welfare and to ensure that buildings are designed and constructed in accordance with the California Building Standards Code and applicable local amendments.

4.7.4 Conclusion
With regard to the topic of Geology and Soils, the following finding can be made:

1. No peculiar impacts to the Project or the site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2024 RFEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the2024 RFEIR.

4. No new mitigation measures would be required because Project-specific impacts would be less than significant.
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4.8 GREENHOUSE GAS EMISSIONS
Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
GREENHOUSE GAS EMISSIONS – Would the project:
a. Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
b. Conflict with an applicable plan, policy,
or regulation adopted for the purpose
of reducing the emissions of
greenhouse gases?
The following section summarizes and incorporates by reference information from the Air Quality and Greenhouse Gas Emissions Analysis – Proposed Public Safety Campus Memorandum (“Project Air Quality and GHG Analysis”) prepared by Kimley-Horn and Associates (Kimley-Horn), dated September 2026. The report is included as Appendix A to this document.

4.8.1 Summary of Impacts Identified in the 2024 RFEIR
GHG emissions refer to a group of emissions that are believed to affect global climate conditions. These gases trap heat in the atmosphere, and the major concern is that increases in GHG emissions are causing global climate change. Global climate change is a change in the average weather on earth that can be measured by wind patterns, storms, precipitation, and temperature.

The 2024 RFEIR assumed that future development associated with the MoVal 2040 GPU would result in increased GHG emissions, largely due to increased VMT, as well as from stationary area sources (i.e., natural gas consumption for space and water heating devices, landscape maintenance equipment operations, and use of consumer products), energy consumption, water supply, and solid waste generation. emissions, largely due to increased VMT, as well as from stationary area sources (i.e., natural gas consumption for space and water heating devices, landscape maintenance equipment operations, and use of consumer products), energy consumption, water supply, and solid waste generation.

The 2024 RFEIR determined that the MoVal 2040 Project is on track to meet SB 32 (40 percent below 1990 levels by 2030) but not on track to meet AB 1279 (net neutrality by 2045) target goals for 2030 or 2045.

Additionally, the MoVal 2040 Project would not be consistent with applicable plans, policies, and regulations adopted for the purpose of reducing GHG emissions such as AB 1279 and CARB 2022 Scoping Plan. The MoVal 2040 Project would however be consistent with SB 32. The MoVal 2040 Project would be required to implement GPU MM GHG-1 and GPU MM GHG-2, which require the City to monitor the y
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implementation of the CAP and provide specific requirements for project subject to CEQA to analyze GHG impacts, respectively.

The City’s proposed CAP identifies strategies, measures, and actions that would be implemented to reduce GHG emissions consistent with State legislative goals. Therefore, with the adoption and implementation of the proposed CAP, GHG emissions generated by the Project would be reduced to meet State GHG reduction goals. Therefore, the Project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, and would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emission of GHGs, and impacts would be less than significant. environment, and would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emission of GHGs, and impacts would be less than significant with implementation of GPU MM GHG-1 and GPU MM GHG-2, and impacts would be less than significant.

Mitigation Measures from the 2024 RFEIR
GPU MM GHG-1: The City of Moreno Valley shall monitor implementation of the Climate Action Plan (CAP) and update and maintain the CAP monitoring schedule, adding or enhancing Actions and Measures to achieve City of Moreno Valley-specific reductions targets in line with Senate Bill (SB) 32 (2016) and Assembly Bill (AB) 1279 (2022). Specifically, the City shall:
a) Monitor continuously and report annually on CAP implementation activities. The annual monitoring report shall include the implementation status of each Action and Measure b) Calculate greenhouse gas (GHG) emission reductions annually and monitor progress towards achieving the performance targets of each Action and Measure c) Update the community-wide GHG emissions inventories and targets aligned with SB 32 and AB 1279 every two to three years, in alignment with the five-year cycle specified below
d) Prepare and adopt a fully updated CAP starting in 2029, and adopted by 2030, and every five years thereafter as needed if the inventories are showing the City of Moreno Valley is not on track to achieve the 2045 targets.
e) Adopt Actions and Measures to close any “reduction gaps” between the updated inventories and applicable 2040 and 2045 targets no later than December 31, 2030 f) Create, enhance, expand, or replace Actions and Measures, as new technologies and programs emerge that warrant inclusion in the CAP
GPU MM GHG-2: For each discretionary project subject to and not exempt from the California Environmental Quality Act (CEQA), the applicant shall:
a) Complete the City’s GHG Emissions Analysis Compliance Checklist to assist with determining project consistency with the Moreno Valley CAP, with the exception of logistics use facility projects that are not permitted to utilize the Checklist for CEQA streamlining, and
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emission reductions consistent with the assumptions of the CAP, and c) Document the infeasibility or inapplicability of CAP measures, and d) Propose alternative GHG reduction measures, as appropriate; or e) Demonstrate through a quantitative analysis that the project would not impede (or would facilitate) Moreno Valley’s ability to meet the GHG emissions reduction targets.

Because GHG emissions from industrial land uses were excluded from the CAP, applicants of projects that include industrial uses must establish, with substantial evidence.

4.8.2 Discussion
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
No New Impact. The 2024 RFEIR concluded that the MoVal 2040 GPU is on track to meet SB 32 (40 percent below 1990 levels by 2030) but not on track to meet AB 1279 (net neutrality by 2045) target goals for 2030 or 2045. Therefore, the MoVal 2040 Project was required to implement GPU MM GHG-1 and GPU MM GHG-2.

CalEEMod was also used to estimate operational GHG emissions from construction and operation of the Project. CalEEMod calculates energy use from systems covered by Title 24 (e.g., HVAC system, water heating system, and lighting system); energy use from lighting; and energy use from office equipment, appliances, plug-ins, and other sources not covered by Title 24 or lighting. Mobile-source emissions were estimated based on the CARB Emission FACtor (EMFAC) model. For mobile sources, CalEEMod was used to generate the VMT from the proposed Project uses based on the Project’s trip generation rate.

Construction
Construction of the Project would result in direct emissions from construction equipment and the transport of materials and construction workers to and from the Project Site. Construction GHG emissions are typically summed and amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational emissions. 16 Total GHG emissions generated during all phases of construction were combined and are presented in Table 7: Construction Greenhouse Gas Emissions. As shown in the table, the Project construction would result in approximately 1,505 metric tons of carbon dioxide equivalent (MTCO2e) (approximately 50 MTCO2e/year when amortized over 30 years). Once construction is complete, the generation of these GHG emissions would cease.
16 The project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group #13, August 26, 2009). 575

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Table 7: Construction Greenhouse Gas Emissions
Construction MTCO2e per Year
2027 Public Safety Campus 181
2027 Fueling Station 37
2027 Off-Site Improvements 176
2028 Public Safety Campus 689
2028 Fueling Station 29
2028 Off-Site Improvements 33
2029 Public Safety Campus 360
Total Construction 1,505
Amortized over 30 Years 50
Source: CalEEMod version 2022.1. Refer to Appendix A for the model outputs.

As shown in the table, the Project construction would result in approximately 1,505 metric tons of carbon dioxide equivalent (MTCO2e) (approximately 50 MTCO2e/year when amortized over 30 years). Once construction is complete, the generation of these GHG emissions would cease.

Operation
Operational or long-term emissions occur over the life of the Project. For this Project, GHG emissions would result from direct emissions such as Project-generated vehicular traffic and operation of any on-site landscaping equipment. Operational GHG emissions would also result from indirect sources, such as the emissions associated with solid waste generated from the Project Site as well as electricity consumption.

Table 8: Total Project Greenhouse Gas Emissions summarizes the total GHG emissions associated with the Project. As shown below, the Project would generate approximately 10,201 MTCO2e/year.

Table 8: Total Project Greenhouse Gas Emissions
Construction MTCO2e per Year
Construction Amortized over 30 Years 50
Public Safety Campus Mobile1 6,276
Public Safety Campus Area 6
Public Safety Campus Energy 1,236
Public Safety Campus Water 132
Public Safety Campus Waste 418
Public Safety Campus Emergency Backup Generators 17
Fueling Station Mobile1 2,066
Total Project Emissions 10,201
Notes:

1. Mobile emissions account for EMFAC adjustment factors.

Source: CalEEMod version 2022.1. Refer to Appendix A for the model outputs.

However, the City’s CAP contains a Qualified GHG Reduction Strategy that would reduce GHG emissions to align with the State’s goals and recommendations. These strategies serve to reduce GHG emissions associated with transportation, building energy, solid waste, water, and wastewater. Each measure includes estimated emission reductions in 2030 would serve to reduce GHG emissions associated with transportation, building energy, solid waste, water, and wastewater. As stated above, the 2024 RFEIR determined that the MoVal 2040 Project and CAP would not conflict with applicable GHG reduction 576

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planning with implementation of mitigation. GPU MM GHG-1 requires that the City periodically update the CAP, adding or enhancing Actions and Measures to achieve City-specific reductions targets in line with SB 32 and AB 1279.

The CAP includes specific implementation and monitoring procedures that require the City to achieve increasingly effective long-term reductions over time and demonstrate substantial progress toward GHG reduction goals. As discussed in the 2024 RFEIR, City would update the CAP following updates to the Scoping Plan or new interim post targets, which would demonstrate how achievement of the State’s longer-term 2045 goal would be feasible. As a result, projects consistent with the CAP are also consistent with CARB’s Scoping Plan and other applicable GHG reduction plans.

The Project is permitted under the existing land use and zoning designation and would be designed in accordance with the 2025 CALGreen Code. The Project would include electric-ready appliances in accordance with the California Energy Code and incorporate solar photovoltaic panels throughout the covered parking areas in accordance with Title 24, Part 6. As shown in the completed CAP checklist (see Appendix A), the Project would be consistent with the CAP. Therefore, the Project would not conflict with applicable GHG reduction planning and impacts would be less than significant with implementation of mitigation, consistent with the findings of the 2024 RFEIR. Therefore, the proposed Project would not result in any new or substantially more severe impacts than those identified in the 2024 RFEIR related to greenhouse, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. b. Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
No New Impact. As mentioned above, the 2024 RFEIR concluded that the MoVal 2040 Project would not be consistent with applicable plans, policies, and regulations adopted for the purpose of reducing GHG emissions such as AB 1279 and CARB 2022 Scoping Plan. The MoVal 2040 GPU would be consistent with SB 32, which focuses on reducing GHG emissions in California. However, with the implementation of GPU MM GHG-1 and GPU MM GHG-2, impacts related to consistency with applicable plans would be less than significant. A significant impact would occur if the proposed Project conflicted with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of GHGs.

As discussed, the City has adopted the CAP which establishes policies that incorporate environmental responsibility into its daily management of residential, commercial, industrial growth, education, energy, and water use, air quality, transportation, waste reduction, economic development, and open space and natural habitat in order to reduce GHG emissions consistent with AB 32. As shown in the completed CAP CEQA GHG Compliance Checklist (see Appendix A), the Project would be consistent with the CAP.

Additionally, as further discussed in Section 4.3, Air Quality, of this document, the Project is required to comply with Title 13-Section 2449 of the CCR and the CalRecycle Sustainable (Green) Building Program regulations, which include implementation of standard control measures for equipment emissions. The proposed Project is committed to meeting the requirements of the CALGreen Code by incorporating strategies such as energy-efficient lighting and other energy and resource conservation measures. The 577

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proposed Project would comply with applicable energy, water, and waste efficiency measures specified in the Title 24 Building Energy Efficiency Standards and CALGreen standards.

For the reasons described above, the proposed Project would not conflict with applicable State or local plans, policies, and regulations adopted for the purpose of reducing GHG emissions. The proposed Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required.

4.8.3 Uniformly Applied Development Policies or Standards General Plan Goals and Policies
The 2024 RFEIR concludes that compliance with the following goals and policies applicable to the Project would avoid significant greenhouse gas emissions impacts:

Policy EJ.1-8 Support the incorporation of new technologies and design and construction techniques in new development that minimize pollution and its impacts.

Action EJ.1-A Use the Climate Action Plan to guide City actions and investments aimed at reducing greenhouse gas emissions community-wide.

Policy C.3-4 Require development projects to complete traffic impact studies that conduct vehicle miles traveled analysis and level of service assessment as appropriate per traffic impact study guidelines.

Policy C.3-7 Support regional efforts for the development of a VMT mitigation impact fee program.

Policy C.5-1 Work to reduce VMT through land use planning, enhanced transit access, localized attractions, and access to non-automotive modes.

Other Applicable Development Policies and Standards
Compliance with the additional development policies and standards applicable to the Project identified below would also reduce potential GHG emissions impacts:

California Code of Regulations, Title 24, and CALGreen Requirements consists of a compilation of several distinct standards and codes related to building construction, including, but not limited to, plumbing, electrical, interior acoustics, energy efficiency, and handicap accessibility. The Project would be required to comply with California Building Energy Efficiency Standards and CALGreen requirements, which establish mandatory energy efficiency, lighting, building envelope, mechanical system, and electric vehicle infrastructure standards for new construction and certain improvements. Compliance with these standards would reduce building energy demand and help ensure the Project would not result in wasteful, inefficient, or unnecessary energy consumption.
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Title 24, Part 6, Energy Efficiency Standards, requires buildings to incorporate energy-efficient design features, such as efficient building envelopes, lighting, HVAC systems, water heating systems, and related controls, to reduce electricity and natural gas consumption and avoid wasteful or inefficient energy use.

Title 24, Part 11, California Green Building Standards Code, commonly referred to as CALGreen, requires sustainable design measures related to energy efficiency, water conservation, material conservation, waste reduction, indoor environmental quality, and, where applicable, electric vehicle charging infrastructure, thereby supporting reduced resource consumption and more efficient building operation.

Moreno Valley Climate Action Plan / GHG-Related Policies support energy conservation through measures such as improved building efficiency, reduced transportation energy demand, increased use of renewable energy, and expanded electric vehicle infrastructure. These measures help demonstrate consistency with local strategies to reduce fossil fuel use and improve overall energy efficiency.

4.8.4 Conclusion
With regard to the topic of Greenhouse Gas Emissions, the following finding can be made:

1. No peculiar impacts to the Project or the site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2024 RFEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the 2024 RFEIR.

4. Mitigation measures from the 2024 RFEIR are applicable to the Project. No new mitigation measures would be required because Project-specific impacts would be less than significant. 579

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4.9 HAZARDS AND HAZARDOUS MATERIALS
Project
Peculiar
Impact that
is not
Substantially
Mitigated by
Uniformly
Applied
Policies
Significant
Impact not
Analyzed as
Significant
in the Prior
EIR
Potentially
Significant
Offsite or
Cumulative
Impact not
Discussed in
the prior EIR
Adverse
Impact
More
Severe
based on
Substantial
New
Information
No New
Impact
HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a. Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
b. Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into the
environment?
c. Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
d. Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and, as a result,
would it create a significant hazard to
the public or the environment?
e. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of
a public airport or public use airport,
would the project result in a safety
hazard for people residing or working
in the project area?
f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency
evacuation plan?
g. Expose people or structures to a
significant risk of loss, injury, or death
involving wildland fires, including
where wildlands are adjacent to
urbanized areas or where residences Aare intermixed with wildlands? 580

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4.9.1 Summary of Impacts Identified in the 2024 RFEIR
In summary, the 2024 RFEIR concluded that implementation of MoVal 2040 Project would not result in significant impacts relative to hazardous materials. There would be less than significant impacts to routine transport, use, or disposal of hazardous materials and release of hazardous materials, as future development would be required to adhere to federal, state, county, and local regulations relating to the use, storage, handling, transport, and disposal of hazardous materials and contamination would reduce the potential risk of hazardous materials exposure to a less than significant level. Additionally, adherence with applicable federal, state, regional, and local plans and regulations, as well as MoVal 2040 GPU policies, would ensure that future development would not result in an accidental release of hazardous materials or emissions of hazardous substance near existing or proposed schools, and impacts would be less than significant. Adherence to applicable clean-up and/or remediation requirements and regulations would ensure that future development under the MoVal 2040 Project would not create a significant hazard associated with known hazardous materials sites, and impacts would be less than significant.

Furthermore, adherence to applicable federal, State, regional, and local plans and regulations as well as the MoVal 2040 GPU policies would ensure that impacts to airport hazards, emergency response, and wildfires would be less than significant.

Mitigation Measures: No 2024 RFEIR mitigation measures are applicable to the proposed Project.

4.9.2 Discussion
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant with the implementation of the MoVal 2040 GPU policies, as well as relevant local, State, and federal regulations. A significant impact would occur if a project would create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. The types and amounts of hazardous materials to be utilized by the proposed Project would be typical of those used during construction activities, as discussed in the following analysis.

Construction
The Project would not involve the routine transportation of hazardous materials to or from the Project Site during construction. Hazardous materials such as fuels and oils associated with construction equipment, as well as coatings, paints, adhesives, and caustic or acidic cleaners, may be routinely used on the Project Site during construction activities. While certain hazardous materials used during construction may require disposal, such disposal would occur only for the duration of construction and would cease upon completion of the Project. Therefore, construction of the Project Site would not involve the routine disposal of hazardous materials.

All hazardous materials used during construction of the Project would be handled, stored, and disposed of in accordance with manufacturers’ specifications and applicable regulations, thereby minimizing 581

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potential risks associated with hazardous materials use. In addition, existing federal, State, and local regulations establish requirements for risk planning and accident prevention, protection from exposure to hazardous substances, and proper hazardous materials storage. The Project would comply with all applicable federal, State, and local requirements governing the use, storage, and management of hazardous materials, including GPU Policy S.1-25.

Accordingly, construction activities associated with the Project would not create a significant hazard to the public or the environment through the use of hazardous materials, nor would development of the Project on the Project Site exacerbate existing conditions in a manner that would result in a significant hazard.

Therefore, impacts related to the routine transport, use, or disposal of hazardous materials during construction would be less than significant. The Project would not result in any new or substantially more severe impacts related to the routine transport, use, and disposal of hazardous materials during Project construction than were identified in the 2024 RFEIR, and no new impacts would occur.

Operation
During operation, routine maintenance of the Project may require the use of various solvents, cleaners, oils/fuels, and pesticides/herbicides. Disposal of these hazardous materials is prohibited or discouraged at local landfills. Accidental releases such as minor spills or leaks could occur during the transport, storage, use, or disposal of these materials.

All hazardous materials would be used, stored, and disposed of in accordance with applicable federal, State, and local regulations and standards, including but not limited to Title 49 of the Code of Federal Regulations (CFR), Title 8 of the CCR, and Title 40, Part 263 of the CFR. These requirements are enforced by agencies such as the U.S. Environmental Protection Agency (USEPA), U.S. Department of Transportation (USDOT), California Environmental Protection Agency (CalEPA), California Division of Occupational Safety and Health (Cal/OSHA), California Department of Toxic Substances Control (DTSC), and the Riverside County Department of Environmental Health Hazardous Materials Branch. Compliance with these regulations would minimize the potential for hazardous materials–related risks.

Accordingly, operation of the Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, and impacts would be less than significant. In addition, the Project would not result in any new or substantially more severe hazardous materials impacts during Project operations than those identified in the 2040 RFEIR, and no new significant impacts would occur.

Mitigation Measures: No new mitigation measures are required. b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No New Impact. According to the 2024 RFEIR, implementation of the MoVal 2040 GPU could result in an increase in the use and transport of hazardous materials throughout the planning area. However, future 582

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development and redevelopment projects would be required to adhere to applicable federal, State, regional, and local regulations focused on preventing the release of hazardous materials. Additionally, adherence with policies included in the Safety Element would reduce impacts to less than significant. A project would have a significant impact from hazards and hazardous materials if: (a) the project involved a risk of accidental explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation); or (b) the project is involved in the creation of any health hazard or potential hazard.

Construction
Accidental conditions during construction of the Project could occur as a result of direct dermal contact with hazardous materials, incidental ingestion of hazardous substances, or inhalation of airborne dust containing hazardous materials. In addition, transportation of hazardous materials could result in accidental spills, leaks, toxic releases, fire, or explosion.

Compliance with applicable federal, State, and local laws and regulations, including Cal/OSHA training and safety requirements, would minimize or avoid potential impacts associated with the routine transport, use, or disposal of hazardous materials during construction of the Project. Appropriate documentation for all hazardous materials and hazardous waste that are transported, stored, or used in connection with construction activities at the Project Site would be maintained as required under existing hazardous materials regulations codified in the CCR.

Construction activities at the Project Site would be required to comply with federal and State laws designed to eliminate or reduce the consequences of hazardous materials accidents. For example, personnel working with or around hazardous materials would be required to use appropriate personal protective equipment, and safety equipment would be readily available in areas where hazardous materials are handled. Adherence to applicable federal, State, and local regulations governing the transportation, use, and disposal of hazardous materials would reduce impacts associated with reasonably foreseeable upset and accident conditions during construction of the Project to a less than significant level.

Operation
As previously discussed, during operation, routine maintenance and upkeep of Project Site may involve the occasional use of solvents, cleaners, oils or fuels, and pesticides or herbicides. These materials would be used, stored, and disposed of in accordance with applicable federal, State, and local regulations and standards, including but not limited to Title 49, Chapter I of the CFR, Title 8 of the CCR, and Title 40, Part 263 of the CFR. Compliance with these requirements, which are enforced by the USEPA, USDOT, CalEPA, and Cal/OSHA, and the Riverside County Department of Environmental Health Hazardous Materials Branch, would minimize the potential for hazardous materials–related risks. Accordingly, the Project would not create a significant hazard to the public or the environment under reasonably foreseeable upset or accident conditions involving the release of hazardous materials. Impacts related to hazardous materials releases during Project operations would be less than significant. In addition, the Project would not result 583

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in any new or substantially more severe hazardous materials impacts than those identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
No New Impact. According to the 2024 RFEIR, impacts regarding the accidental release of hazardous materials or emissions of hazardous waste within one-quarter mile of an existing or proposed school was considered to be less than significant with adherence to applicable federal, State, regional, and local plans rand regulations, as well as the MoVal 2040 GPU Policies.

The nearest school to the PSC Site is the Ridge Crest Elementary School, located approximately 0.4-miles to the southwest of the site. The nearest school to the CYFS Site is the March Middle School located approximately 0.4-miles to the west of the site. The Civic Center Tenant Improvements are located throughout the City and therefore would be located within proximity to more schools in the City. As previously discussed, all construction-related materials would be transported, used, and disposed of in compliance with applicable local, State, and federal regulations and manufacturers’ specifications.

Accordingly, the Project would not expose sensitive receptors at nearby schools to hazardous emissions or hazardous materials, and impacts would be less than significant. The Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No New Impact. This topic was evaluated in the 2024 RFEIR and impacts were determined to be less than significant with the implementation of the MoVal 2040 GPU policies, as well as relevant local, State, and federal regulations. A significant impact would occur if the Project Site were included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and would create a significant hazard to the public or the environment.

California Government Code Section 65962.5 requires the CalEPA to develop and update annually the Cortese List, which is a “list” of hazardous waste sites and other contaminated sites. While California Government Code Section 65962.5 makes reference to the preparation of a “list,” changes have occurred related to web-based information access since 1992 and information regarding the Cortese List is now compiled on the websites of the DTSC, the State Water Board, and CalEPA. A desktop review of DTSC Cortese List was conducted for the PSC Site and the Corporate Fueling Station Site. According to the CalEPA Cortese List Data Resources, the PSC Site and the Corporate Fueling Station Site are not located on a list 584

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of hazardous material sites compiled pursuant to Section 65962.5. 17 As the Civic Center Tenant Improvements would involve retrofits of existing buildings, the Civic Center Tenant Improvement Sites would not create a significant hazard to the public or the environment. Therefore, the Project would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
No New Impact. According to the 2024 RFEIR, the nearest airport to the Planning Area is the March Air Reserve Base/Inland Port Airport (MARB/IPA). According to the Riverside County Airport Land Use Commission (ALUC), portions of the City are located within established compatibility zones. Future development within the ALUC would be required to adhere to all special regulations, including Municipal Code development standards and specific land use regulations regarding Federal Aviation Administration (FAA) notification imaginary surfaces, aircraft noise, and building heights. Therefore, future projects under the MoVal 2040 GPU would not result in a safety hazard or excessive noise for people residing or working in the Planning Area, and impacts would be less than significant. A significant impact would occur if a project were located within a public airport land use plan area, or within two miles of a public airport, and subject to safety hazard.

Public Safety Campus
The closest airport to the PSC Site is the MARB/IPA located approximately 5.3 miles west of the PSC Site.

According to Map S-10 of the MoVal 2040 GPU Safety Element, the PSC Site is located outside of the Airport Land Use Compatibility Zones. 18 Airport Land Use Compatibility Plans (ALUCPs) provide guidance to ensure that land development around an airport is compatible with airport operations, protecting public safety by limiting incompatible land uses near flight paths, thereby safeguarding the airport's functionality and the surrounding community from noise and safety hazards associated with aircraft operations. Given the distance between the PSC Site and the MARB/IPA, the PSC would not have the potential to exacerbate current environmental conditions that would result in a safety hazard or excessive noise. Therefore, the PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
The closest airport to the CYFS is the MARB/IPA, located approximately 1.3-miles west of the CYFS.

According to Map S-10 of the MoVal 2040 GPU Safety Element, the CYFS is located within the Compatibility 17 California Environmental Protection Agency. “Cortese List Data Resources.” https://calepa.ca.gov/sitecleanup/corteselist/. Accessed August 24, 2026.
18 City of Moreno Valley, MoVal 2040 GPU Safety Element, https://moval.gov/cdd/documents/general-plan2040/06-Safety.pdf. Accessed August 29, 2026
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Zone E. Properties within Compatibility Zone E are subject to low noise levels associated with aircraft operations. Occasional overflights may be intrusive to some outdoor activities in Compatibility Zone E. The only prohibited uses in this zone are hazards to flight. Hazards to flight include physical (e.g., tall objects), visual, and electronic forms of interference with the safety of aircraft operations. Land use development that may cause the attraction of birds to increase is also prohibited and man-made features must be designed to avoid heightened attraction of birds. 19 Development conditions in this zone include disclosure of airport proximity and existence of overflights for residential properties. The Project would develop a CYFS and would not include any physical, visual, or electronic forms of interference or residential uses.

Therefore, the CYFS would be compatible with applicable development regulations of the ALUC and would not result in a safety hazard and impacts would be less than significant. The CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur throughout the City entirely within the existing civic center buildings and would be limited to interior improvements. The Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Mitigation Measures: No new mitigation measures are required. f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No New Impact. According to the 2024 RFEIR, impacts to an adopted emergency response plan or emergency evacuation plan would be less than significant with implementation of policies in the City’s Emergency Operations Plan (EPO), MoVal 2040 Safety Element and Circulation Element, and adherence to applicable standards in the Local Hazard Mitigation Plan (LHMP). A significant impact may occur if a project were to interfere with roadway operations used in conjunction with an emergency response plan or emergency evacuation plan or generate traffic congestion that would interfere with the execution of such a plan.

Public Safety Campus
According to the MoVal 2040 GPU Safety Element, evacuation routes in the City include I-215, SR 60, and major roadways through the City consisting of 129 miles of roadway, 34 bridges, and 127 water crossings designated as potential evacuation routes in the event of a disaster. As depicted in Map S-7: Emergency Evacuation Routes of the MoVal 2040 GPU Safety Element, the closest evacuation route to the PSC Site 19 Meade and Hunt, March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan, https://rcaluc.org/sites/g/files/aldnop421/files/2023-06/March.pdf. Accessed August 29, 2026. 586

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would be along Brodiaea Avenue, located immediately north of the PSC Site. Therefore, the PSC Site would have direct access to an emergency evacuation route.

The PSC would establish a centralized public safety hub, consisting of a new joint-use fire and police station, EOC, and a regional animal shelter. The PSC would improve interdepartmental coordination, increase operational efficiency, strengthen emergency preparedness, and provide enhanced public safety services for the City and surrounding region. The PSC would comply with applicable GPU policies related to emergency access and evacuation, including Policy S 2-1 to guide emergency preparedness and response, Policy S 2-5, to partner with agencies and neighboring jurisdictions to protect critical emergency routes.

Construction activities associated with the PSC may require temporary closures or restrictions on adjacent streets during certain periods; however, emergency access would be maintained during both construction and operation in accordance with Section 503 of the California Fire Code. Accordingly, the proposed PSC would not substantially impair an adopted emergency response or evacuation plan, and impacts would be less than significant. The PSC would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Corporate Yard Fueling Station
As depicted in Map S-7: Emergency Evacuation Routes of the MoVal 2040 Safety Element, the closest evacuation route to the PSC Site would be along Perris Boulevard, located immediately west of the CYFS Site. Therefore, the CYFS would have immediate access to an emergency evacuation route. The CYFS would consist of a new aboveground fueling facility that would support the City’s growing municipal fleet demands and ensure reliable emergency fueling capabilities for critical operations. As such, the CYFS would be compatible with Policy S 2-3, which would promote critical emergency services to minimize exposure to hazards. Furthermore, as the CYFS would be located within the existing Corporate Yard, construction activities associated with the Project not require temporary closures or restrictions on adjacent streets, and impacts would be less than significant. The CYFS would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.

Civic Center Tenant Improvements
The Civic Center Tenant Improvements would occur entirely within the existing civic center buildings and would be limited to interior improvements. Furthermore, as the tenant improvements would be retrofits to the interior of existing buildings, they would not likely result in impacts to emergency evacuation routes, and impacts would be less than significant. Therefore, the Civic Center Tenant Improvements would not result in any new or substantially more severe impacts than were identified in the 2024 RFEIR, and no new impacts would occur.