member of The Public Entity Risk Management Authority (PERMA), a member -directed pool dedicated to providing financially secure, stable and cost effective coverage programs and risk management services to its members. PERMA has developed public entity risk retention pools for general liability and workers’ compensation coverage.
ALTERNATIVES
1. Approve the proposed resolution and appointment.
2. Do not approve the resolution and provide staff with additional direction.
Staff recommends Alternative 1.
FISCAL IMPACT
No fiscal impact.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Naomi Kamunyu Brian Mohan
Human Resources Division Manager Assistant City Manager
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution_Add_Director_Delegate Authority_2022
APPROVALS
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Budget Officer Approval Approved . 1/25/22 11:38 AM City Attorney Approval Approved .
City Manager Approval Approved . 1/25/22 1:04 PM A.10
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1 Resolution No. 2022-XX
Date Adopted: February 1, 2022
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY , FULFILLING ITS OBLIGATION AS A
MEMBER OF THE PUBLIC ENTITY RISK MANAGEMENT
AUTHORITY (PERMA) TO APPOINT A VOTING DELEGATE
AND ALTERNATE TO THE PERMA BOARD OF
DIRECTORS IN ORDER TO ENSURE CONSISTENT
ATTENDANCE.
WHEREAS, The City of Moreno Valley ("City") is a member of PERMA, a joint powers authority created pursuant to the provisions of the California Government Code; and
WHEREAS, PERMA provides a Liability Program, Workers' Compensation Program, Property Program, and other coverage programs for its members; and WHEREAS, The Joint Powers Agreement provides that PERMA’s Board shall be comprised of one representative from each member; and
WHEREAS, The PERMA governing documents require that members not only appoint a representative to the Board but that the representative attend meetings as a condition of membership; and
WHEREAS, The Governing Body of each member may select and change any of its representatives by filing a resolution with PERMA; and WHEREAS, Appointees must be 1) elected officials, OR 2) employees of the member agency; and
WHEREAS, City desires to designate its representative(s) to the PERMA Board of Directors;
WHEREAS, City acknowledges and affirms that its representatives have full authority to bind City;
WHEREAS, City acknowledges and affirms that actions properly approved or taken by the Board shall be binding for the City regardless of the vote of its designee or her/his presence when the action was taken;
WHEREAS, City acknowledges and affirms that each appointee is individually expected to meet all legal obligations of Board service, perform all duties set forth in PERMA’s Governing Documents, and serve with keen attention to PERMA’s purpose and high professional standards.
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Attachment: Resolution_Add_Director_Delegate Authority_2022 [Revision 1] (5683 : APPROVE RESOLUTION AUTHORIZING THE CITY 2 Resolution No. 2022-XX
Date Adopted: February 1, 2022
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Moreno Valley does hereby, determine, and declare as follows:
SECTION 1. That Human Resources Manager Naomi Kamunyu is hereby appointed to serve as Voting Director on the PERMA Board of Directors.
SECTION 2. That the City Council has delegated the authority to appoint Voting Directors or alternates, to serve on the PERMA Board to the City Manager.
SECTION 3. That the individual designated by this City Council as the City's Voting Director is hereby confirmed and designated as the City's delegate for all purposes of representing the City's interests and exercising the authority of the City with respect to all matters delegated to the Board of Directors and signing all amendments as are contemplated to be approved by Board of Directors.
RESOLVED, that a copy of this Resolution shall be provided to the General Manager of PERMA before it may be deemed effective.
PASSED, APPROVED, AND ADOPTED this _____ day of ____________, 20____.
_________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST:
______________________________
Pat Jacquez – Nares, City Clerk
APPROVED AS TO FORM:
______________________________
Steven B. Quintanilla, Interim City Attorney
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Attachment: Resolution_Add_Director_Delegate Authority_2022 [Revision 1] (5683 : APPROVE RESOLUTION AUTHORIZING THE CITY 3 Resolution No. 2022-XX
Date Adopted: February 1, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Pat Jacquez-Nares, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022 -XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 1st day of February 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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Attachment: Resolution_Add_Director_Delegate Authority_2022 [Revision 1] (5683 : APPROVE RESOLUTION AUTHORIZING THE CITY
Report to City Council
ID#5684 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: February 1, 2022
TITLE: SECOND READING AND C ONSIDERATION OF
ADOPTION OF ORDINANC E 985 TO AMEND THE
ZONING CLASSIFICATIO N OF THE 17.67 -ACRE
PROJECT SITE FROM COMMUNITY COMMERCIA L (CC)
DISTRICT TO LIGHT IN DUSTRIAL (LI) DISTRI CT FOR
THE PROPERTY LOCATED ON THE SOUTH SIDE O F
ALESSANDRO BOULEVARD BETWEEN FREDERICK
STREET AND GRAHAM ST REET ASSESSOR PARCEL
NUMBERS 297 -170-002 AND 297 -170-003ERS 2 97-170-
002 AND 297-170-003
RECOMMENDED ACTION
Recommendation:
1. Conduct a second reading by title only and adopt Ordinance No. 985.
SUMMARY
This report recommends the adoption of Ordinance No. 985, introduced at the January 18, 2022, City Council meeting approving a Change of Zone (PEN20 -0119) to amend the zoning classification of the 17.67 -acre project site from Community Commercial (CC) District to Light Industrial (LI) District. The project site is located on the south side of Alessandro Boulevard between Frederick Street and Graham Street, Assessor Parcel Numbers 297-170-002 and 297-170-003.
DISCUSSION
Based on review and consideration of the application for a Change of Zone submitted by the applicant CDRE Holding 17, Inc., in conjunction with a General Plan Amendment, a Parcel Map, and two Plot Plans, the City Council introduced the ordinance to amend A.11
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the Zoning Atlas at the January 18, 2022 meeting. The ordinance will change the zoning classification of the 17.67 -acre site from Community Commercial (CC) District to Light Industrial (LI) District . The site is located on the south side of Alessandro Boulevard between Frederick Street and Graham Street, Assessor Parcel Numbers 297 -170-002 and 297-170-003.
ALTERNATIVES
The City Council may consider the following alternatives:
1. Conduct the second reading by title only and adopt Ordinance No. 985. Staff recommends this alternative.
2. Provide revisions to the draft Ordinance and have staff return with the revised draft for another adoption process.
3. Provide alternate direction to staff.
FISCAL IMPACT
There are no fiscal impacts from the recommended action.
NOTIFICATION
The agenda was posted in accordance with the Brown Act.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Julia Descoteaux Manuel A. Mancha
Associate Planner Community Development Director
Concurred By:
Sean P. Kelleher
Planning Official
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.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life A.11
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6. Youth Programs
Objective 1.1: Proactively attract high-quality businesses.
Objective 1.3: Promote local hiring through the expansion of local, quality, high paying jobs, and workforce development efforts.
Objective 1.5: Showcase Moreno Valley’s unique assets.
Objective 2.5: Develop partnerships with local businesses and warehouse operators to reduce traffic related issues.
ATTACHMENTS
To view large attachments , please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Ordinance No. 985
APPROVALS
Budget Officer Approval Approved . 1/25/22 4:31 PM City Attorney Approval Approved .
City Manager Approval Approved . 1/25/22 5:26 PM A.11
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1 Ordinance No. 985
Date Adopted: February 1, 2022
ORDINANCE NO. 985
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE PEN20 -0119 TO AMEND THE CITY ZONING ATLAS FOR THE 17.67-ACRE PROJECT
SITE FROM COMMUNITY COMMERCIAL (CC) DISTRICT TO LIGHT
INDUSTRIAL (LI) DISTRICT FOR THE COMPASS DANBE
CENTERPOINTE PROJECT LOCATED ON THE SOUTH SIDE OF
ALESSANDRO BOULEVARD BETWEEN FREDERICK STREET AND
GRAHAM STREET (APN’S 297-170-002 AND 003)
The City Council of the City of Moreno Valley does ordain as follows:
SECTION 1 GENERAL:
1.1 CDRE Holdings, LLC., (“Developer”) has filed an application for the approval of Change of Zone PEN20 -0119 (“Application”) to change the zoning designation of the site from Community Commercial (CC) District to Light Industrial (LI) District for the project located on the south side of Alessandro Boulevard between Frederick Street and Graham Street (APN’s 297 -170-002 and 003) (“Site”), which shall also require any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the project site; and
1.2 At its August 26, 2021 meeting, the Planning Commission considered the Change of Zone for Compass Danbe Centerpointe project and recommended approval to the City Council; and
1.3 Pursuant to the provisions of the law, a public hearing was held before the City Council on January 18, 2022, for deliberations and decision.
1.4 The matter was fully discussed, and the public and other agencies were given opportunity to present testimony and documentation.
1.5 An Initial Study has been prepared for the Project for the purpose of compliance with the California Environmental Quality Act (CEQA) . Based on the Initial Study including all supporting technical evidence, it was determined that the project impacts are expected to be less than significant with mitigation, and approval of a Mitigated Negative Declaration is an appropriate environmental determination for the Project.
SECTION 2 EVIDENCE:
That the City Council has considered all of the evidence submitted into t he administrative record for Change of Zone PEN20 -0119, including, but not limited to, the following:
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Attachment: Ordinance No. 985 [Revision 2] (5684 : Second Reading for Compass Danbe Centerpointe Project)
2 Ordinance No. 985
Date Adopted: February 1, 2022
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all relevant provisions referenced therein;
(c) The change the zoning designation of the site from Community Commercial District (CC) to Light Industrial District (LI) and all other relevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of Change of Zone PEN20 -0119 and all documents, records and references contained therein;
(e) Staff Report prepared for the City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony comments and/or correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearing.
SECTION 3 FINDINGS:
That based on the foregoing Recitals and the Eviden ce contained in the Administrative Record as set forth above, the City Council hereby finds as follows:
(a) The proposed amendment is consistent with the existing goals, objectives, policies and programs of the General Plan;
(b) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(c) The proposed amendment is consistent with the purposes and intent of Title
9. SECTION 4 AMENDMENT OF THE OFFICIAL ZONING ATLAS:
4.1 The City of Moreno Valley Official Zoning Atlas, as adopted by Ordinance No. 981, on August 3, 2021, of the City of Moreno Valley, and as amended thereafter from time to time by the City Council of the City of Moreno Valley, is further amended by placing in effect the zone or zone classification to page 96 of the Official Zoning Atlas as shown on the attached map marked “Exhibit A” and included herein by reference and on file in the office of the City Clerk.
SECTION 5 EFFECT OF ENACTMENT:
5.1 Except as specifically provided herein, nothing contained in this ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.
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Attachment: Ordinance No. 985 [Revision 2] (5684 : Second Reading for Compass Danbe Centerpointe Project)
3 Ordinance No. 985
Date Adopted: February 1, 2022
SECTION 6 NOTICE OF ADOPTION:
6.1 Within fifteen days after the date of adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.
SECTION 7 EFFECTIVE DATE:
7.1 This ordinance shall take effect thirty days after the date of its adoption.
APPROVED AND ADOPTED this 1st day of February, 2022.
CITY OF MORENO VALLEY
CITY COUNCIL
____________________
Dr. Yxstian A. Gutierrez
Mayor of the City of Moreno Valley
ATTEST:
___________________________________
Pat Jacquez-Nares, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
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Attachment: Ordinance No. 985 [Revision 2] (5684 : Second Reading for Compass Danbe Centerpointe Project)
4 Ordinance No. 985
Date Adopted: February 1, 2022
ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Pat Jacquez-Nares, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 985 was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 1st day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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Attachment: Ordinance No. 985 [Revision 2] (5684 : Second Reading for Compass Danbe Centerpointe Project)
5 Ordinance No. 985
Date Adopted: February 1, 2022
EXHIBIT A
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Attachment: Ordinance No. 985 [Revision 2] (5684 : Second Reading for Compass Danbe Centerpointe Project)
Report to City Council
ID#5682 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: February 1, 2022
TITLE: SECOND READING AND C ONSIDERATION OF
ADOPTION OF ORDINANC E 986 TO AMEND THE
ZONING CLASSIFICATION OF THE 1.61 -ACRE PROJECT
SITE FROM PUBLIC (P) DISTRICT TO RESIDENTIAL 15
(R15) DISTRICT FOR THE PROPERTY LOCATED ON THE
EAST SIDE OF INDIAN STREET NORTH OF
COTTONWOOD AVENUE PARCEL NUMBER 482-161-026
RECOMMENDED ACTION
Recommendation:
1. Conduct the second reading by title only and adopt Ordinance No. 986.
SUMMARY
This report recommends adoption of Ordinance No. 986 , introduced at the January 18, 2022 City Council meeting approving a Change of Zone (PEN21-0114) to amend the zoning classification of the 1.61 -acre project site from Public (P) District to Residential 15 (R15) District for the project site located on the east side of Indian Street north of Cottonwood Avenue, Assessor Parcel Number 482-161-026.
DISCUSSION
Based on review and consideration of the application for a Change of Zone s ubmitted by the applicant Rancho Belago Developers Inc., in conjunction with a General Plan Amendment and a Plot Plan, the City Council introduced the ordinance to amend the City Zoning Atlas at the January 18, 2022 meeting. The ordinance will change the zoning classification of the 1.61-acre site from Public (P) District to Residential 15 (R15) District. The site is located on the east side of Indian Street north of Cottonwood Avenue, as shown on Exhibit A of the ordinance.
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ALTERNATIVES
The City Council may consider the following alternatives:
1. Conduct the second reading by title only and adopt Ordinance No. 986. Staff recommends this alternative.
2. Provide revisions to the draft Ordinance and have staff return with the revised draft for another adoption process.
3. Provide alternate direction to staff.
FISCAL IMPACT
There are no fiscal impacts from the recommended action.
NOTIFICATION
The agenda was posted in accordance with the Brown Act.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Julia Descoteaux Manuel A. Mancha
Associate Planner Community Development Director
Concurred By:
Sean P. Kelleher
Planning Official
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Ordinance No. 986
APPROVALS
Budget Officer Approval Approved . 1/25/22 11:31 AM City Attorney Approval Approved .
City Manager Approval Approved . 1/25/22 1:05 PM A.12
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1 Ordinance No. 986
Date Adopted: February 1, 2022
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE (PEN21-0114)
TO AMEND THE CITY ZONING ATLAS FROM PUBLIC (P) DISTRICT TO RESIDENTIAL 15 (R15) DISTRICT, FOR THE PROPERTY LOCATED ON
THE EAST SIDE OF INDIAN STREET NORTH OF COTTONWOOD
AVENUE (APN 482-161-026)
The City Council of the City of Moreno Valley does ordain as follows:
SECTION 1 GENERAL:
1.1 Rancho Belago Developer, Inc., (“Applicant”) has filed an application for the approval of the Courtyards at Cottonwood Phase II, which includes the approval of a Change of Zone (PEN21-0114) (“Application”) a request to amend the City’s Zoning Atlas from Public (P) District to Residential 15 (R15) District for the property located on the east side of Indian Street north of Cottonwood Avenue (APN 482-161-026) (“Project Site)”; and
1.2 At its December 9, 2021 meeting, the Planning Commission considered the Change of Zone for Courtyards at Cottonwood Phase II project and recommended approval to the City Council; and
1.3 Pursuant to the provisions of the law, a public hearing was held before the City Council on January 18, 2022, for deliberations and decision; and
1.4 The matter was fully discussed, and the public and other agencies were given opportunity to present testimony and documentation; and
1.5 An Initial Study has been prepared for the Project for the purpose of compliance with the California Environmental Quality Act (CEQA). Based on the Initial Study including all supporting technical evidence, it was determined that the project impacts are expected to be less than significant with mitigation, and approval of a Mitigated Negative Declaration is an appropriate en vironmental determination for the Project.
SECTION 2 EVIDENCE:
That the City Council has considered all of the evidence submitted into t he administrative record for Change of Zone (PEN21-0114), including, but not limited to, the following:
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all relevant provisions referenced therein;
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Attachment: Ordinance No. 986 [Revision 1] (5682 : Second Reading Courtyards at Cottonwood Phase II)
2 Ordinance No. 986
Date Adopted: February 1, 2022
(c) The change the zoning designation of the site from Public (P) District to Residential 15 (R15) District, and all other relevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of Change of Zone (PEN21-0114) and all documents, records and references contained therein;
(e) Staff Report prepared for the City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony comments and/or correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearing.
SECTION 3 FINDINGS:
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council hereby finds as follows:
(a) The proposed amendment is consistent with the existing goals, objectives, policies and programs of the General Plan;
(b) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(c) The proposed amendment is consistent with t he purposes and intent of Title 9.
SECTION 4 AMENDMENT OF THE OFFICIAL ZONING ATLAS:
4.1 The City of Moreno Valley Official Zoning Atlas, as adopted by Ordinance No. 981, on August 3, 2021, of the City of Moreno Valley, and as amended thereafter from time to time by the City Council of the City of Moreno Valley, is further amended by placing in effect the zone or zone classification to page 96 of the Official Zoning Atlas as shown on the attached map marked “Exhibit A” and included herein by reference and on file in the office of the City Clerk.
SECTION 5 EFFECT OF ENACTMENT:
5.1 Except as specifically provided herein, nothing contained in this ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.
SECTION 6 NOTICE OF ADOPTION:
6.1 Within fifteen days after the date of adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.
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Attachment: Ordinance No. 986 [Revision 1] (5682 : Second Reading Courtyards at Cottonwood Phase II)
3 Ordinance No. 986
Date Adopted: February 1, 2022
SECTION 7 EFFECTIVE DATE:
7.1 This ordinance shall take effect thirty days after the date of its adoption.
APPROVED AND ADOPTED this 1st day of February, 2022.
CITY OF MORENO VALLEY
CITY COUNCIL
____________________
Dr. Yxstian A. Gutierrez
Mayor of the City of Moreno Valley
ATTEST:
___________________________________
Pat Jacquez-Nares, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
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Attachment: Ordinance No. 986 [Revision 1] (5682 : Second Reading Courtyards at Cottonwood Phase II)
4 Ordinance No. 986
Date Adopted: February 1, 2022
ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Pat Jacquez-Nares, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 986 was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 1st day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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Attachment: Ordinance No. 986 [Revision 1] (5682 : Second Reading Courtyards at Cottonwood Phase II)
5 Ordinance No. 986
Date Adopted: February 1, 2022
EXHIBIT A
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Attachment: Ordinance No. 986 [Revision 1] (5682 : Second Reading Courtyards at Cottonwood Phase II)
Report to City Council
ID#5628 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: February 1, 2022
TITLE: PUBLIC HEARING FOR O NE NATIONAL POLLUTAN T
DISCHARGE ELIMINATIO N SYSTEM MAIL BALLOT
PROCEEDING
RECOMMENDED ACTION
Recommendations: That the City Council:
1. Conduct the Public Hearing and accept public testimony for the mail ballot proceeding for the National Pollutant Discharge Elimination System (NPDES) Common Interest, Commercial, Industrial, and Quasi -Public Use Regulatory Rate to be applied to the property tax bill of the parcel identified herein (Alessandro Industrial No. 14, LP, located on the south side of Alessandro Blvd., west of Heacock St.).
2. Direct the City Clerk to open and count the returned NPDES ballot;
3. Verify and accept the result s of the mail ballot proceeding as maintained by the City Clerk on the Official Tally Sheet and if approved, set the rate and impose the applicable NPDES Regulatory Rate on the Assessor’s Parcel Number as mentioned;
4. Receive and file the Official Tally Sheet with the City Clerk’s office.
SUMMARY
The action before the City Council is to conduct a Public Hearing for one National Pollutant Discharge Elimination System (NPDES) mail ballot proceeding. The process to accept one parcel into the City’s NPDES fund ing program impacts only the property owner identified below, not the general citizens or taxpayers of the City.
DISCUSSION
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The Clean Water Act of 1987 established requirements for the discharge of Urban Runoff from Municipal Separate Storm Sewer Systems under the NPDES program. The Santa Ana Regional Water Quality Control Board administers the NPDES program through the issuance of a Permit. The NPDES program requires public agencies to obtain coverage under the Permit to discharge urban stormwater runoff from municipally owned drainage facilities, including streets, highways, storm drains, and flood control channels. The City’s current NPDES Permit requires all new development projects to comply with stormwater management requirements.
The City Council originally adopted the NPDES Residential Regulatory Rate on June 10, 2003 and the NPDES Common Interest, Commercial, Industrial, and Quasi -Public Use Regulatory Rate (“Commercial/Industrial Rate”) on January 10, 2006. Each fiscal year, the City Council reviews and sets the rates for the following fiscal year.
As a condition of approval for the development project identified below, the applicant is required to provide a n ongoing funding source for the NPDES program. The funding is used to mitigate the increase in costs to the NPDES program, which will be created by their development project.
Property Owner/
Project
Assessor’s
Parcel Number Location FY 2021/22
Maximum Rate1
Alessandro Industrial No. 14 LP
280,800 sf Business Park
PEN20-0038/SBP20-0020
297-170-083 South side of Alessandro
Blvd., west of Heacock St.
$264.63/parcel
Commercial/Industrial Rate
1The parcel’s development status will be evaluated, and the applied rate calculated in accordance with the rate schedule, prior to levying the NPDES rate on the property tax roll each year. The applied rate is the amount applied to the property tax bill. It cannot exceed the maximum rate.
An applicant has two options to satisfy the condition of approval:
1. The property owner a pproves the NPDES rate and aut horizes the City to collect the rate on the annual Riverside County property tax bill through participation in a successful mail ballot proceeding; or
2. The applicant funds an endowment.
The Property Owner listed above elected to have the NPDES rate appli ed to the annual property tax bill of the property under development. Proposition 218 outlines the process to approve new charges, or an increase to existing charges, on property tax bills , which includes conducting a mail ballot proceeding, noticing requi rements, timing of noticing, and providing an opportunity for the property owner to address the City Council (i.e., public comment portion of the Public Hearing). A notice describing the purpose and amount of the charge, including the potential annual inflationary adjustment, and a ballot for the property was mailed to the Property Owner at least 45 -days in advance of tonight’s meeting (see Attachment 1). The ballot is due to the City Clerk prior to the close F.1
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of the Public Hearing. The ballot can be opened and counted, and results announced, at the close of the Public Hearing.
The condition of approval to provide a funding source for the NPDES program will be satisfied with a property owner’s approval of the NPDES mail ballot (i.e., marked yes and signed) and City Council acceptance of the results. In the event the ballot is not returned, is not approved, or is invalid (e.g., unmarked or unsigned), this condition of approval will remain unsatisfied and may delay development of the project. In the event more than one mail ballot proceeding is being conducted tonight, each ballot will be counted separately to determine if a property owner approved inclusion of their property in the NPDES funding program.
This action meets the Strategic Plan Priorities to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.
ALTERNATIVES
1. Conduct the Public Hearing and upon its close, open, count, and verify the returned ballot and accept the results. Staff recommends this alternative since it will satisfy the project’s condition of approval provided the property owner approves the ballot.
2. Open the Public Hearing and continue it to a future regularly scheduled City Council meeting. Staff does not recommend this alternative because it will delay announcement of the ballot results and may delay project development.
3. Do not conduct the Public Hearing. Staff does not recommend this alternative since it will delay the condition of approval from being satisfied and may delay project development. The City will incur additional costs to restart the 45-day noticing period.
4. Do not conduct the Public Hearing at this time but reschedule it to a date specific regularly scheduled City Council meeting. Staff does not recommend this alternative because it may delay project development and will cause the City to incur add itional costs to restart the 45 -day noticing period.
FISCAL IMPACT
Revenue received from the NPDES rate is restricted and can only be used within the stormwater management program. The revenue provides funding to maintain compliance with the unfunded req uirements of the Permit. It also offsets stormwater management program expenses, which reduces the financial impact to the General F.1
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Fund. The NPDES rate is only applied to the property tax bills of parcels where approval of the rate has been authorized through a successful mail ballot proceeding.
The FY 202 1/22 maximum Commercial/Industrial Rate is $ 264.63 per parcel, and any division thereof. The maximum NPDES rates are subject to an annual inflationary adjustment. However, the annual adjustment cannot be applied unless the City Council annually authorizes such adjustment. The increase to the maximum rate cannot exceed the annual inflationary adjustment without approval of the property owners subject to the charge. The NPDES rate applied to the property tax bill will be based on the development status of the property at the time the applied rates are calculated for the upcoming fiscal year.
NOTIFICATION
The ballot documents were mailed to the Property Owner at least 45-days in advance of the Public Hearing. The documents included a notice, NPDES ballot, applicable NPDES Rate schedule, map of the project area, instructions for marking and returning the ballot, and a postage-paid return envelope addressed to the City Clerk.
The Press-Enterprise published the legal notice for tonight’s Public Hearing on January 13, 2022 and January 20, 2022.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager
Concurred By:
Michael Lloyd, P.E.
Public Works Director/City Engineer
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.
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life F.1
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6. Youth Programs
Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hard scape and other improvements which create a clean, inviting community.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Ballot Documents - Alessandro Industrial No 14, LP
APPROVALS
Budget Officer Approval Approved . 1/26/22 7:16 AM City Attorney Approval Approved .
City Manager Approval Approved . 1/26/22 8:41 AM F.1
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Attachment: Ballot Documents - Alessandro Industrial No 14, LP (5628 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.1.a
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Attachment: Ballot Documents - Alessandro Industrial No 14, LP (5628 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.1.a
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Attachment: Ballot Documents - Alessandro Industrial No 14, LP (5628 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.1.a
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Attachment: Ballot Documents - Alessandro Industrial No 14, LP (5628 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.1.a
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Attachment: Ballot Documents - Alessandro Industrial No 14, LP (5628 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE F.1.a
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Attachment: Ballot Documents - Alessandro Industrial No 14, LP (5628 : PUBLIC HEARING FOR ONE F.1.a
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Attachment: Ballot Documents - Alessandro Industrial No 14, LP (5628 : PUBLIC HEARING FOR ONE
Report to City Council
ID#5691 Page 1
TO: Mayor and City Council
FROM: Steve Quintanilla, Interim City Attorney
AGENDA DATE: February 1, 2022
TITLE: FIRST PUBLIC HEARING REGARDING THE DECEN NIAL
CITY COUNCIL REDISTR ICTING PROCESS BASED ON
RECENTLY RELEASED 20 20 US CENSUS POPULAT ION
DATA FOR THE CITY OF MORENO VALLEY
RECOMMENDED ACTION
Recommendations: That the City Council:
1. Conduct the first of four public hearings regarding the adjustment of City Council District boundaries in light of the 2020 Census, pursuant to Elections Code Sections 21601-21609; and
2. Provide feedback, if any, regarding Communities of Interest or other considerations relating to the process.
SUMMARY
Members of the Moreno Valley City Council are elected using “by -district” elections, meaning elections in which a ca ndidate for the Council may only run for office in the district in which he or she resides and is elected only by the voters in that district.
State law (Elections Code §§ 21600-21609) requires that any city using district elections readjust its boundaries in the year following the release of each U.S. Census, to rebalance the population in accordance with federal equal population requirements.
That rebalancing must be done in accordance with the federal Voting Rights Act, the Equal Protection Clause, and applicable State law.
This is the first of four public hearings related to the Redistricting Process that are intended to provide the public with a meaningful opportunity to comment and to submit maps related to the Redistricting Process for consideration by the City Council.
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BACKGROUND
In 2019, the State Legislature enacted AB 849 and AB 1276, which substantially re - wrote the State law provisions governing the Redistricting Process as it relates to cities.
The new law requires a significantly more detaile d public process, including requirements for more public hearings; new notice and public outreach requirements; translation requirements; the creation and maintenance (for ten years) of a redistricting website, etc. The City has already established the req uired website at redistrictmoval.org.
The new law also limits the discretion that city councils previously had in determining the redistricting criteria to be applied under State law, and instead prescribes specific criteria that the City Council must foll ow and sets the priority to be given to each criterion.
DISCUSSION
A. Substantive Requirements
The official adjusted1 2020 population of Moreno Valley is 209,667, and the ideal district size is 52,417 total persons. The populations of the current distric ts as reflected in the adjusted Census data are as follows:
District 1: 50,844
District 2: 51,719
District 3: 53,474
District 4: 53,630
The Supreme Court has held that there does not have to be perfect equality amongst the district populations, but a plan with a “total deviation” exceeding 10% is presumed to be unconstitutionally malapportioned. The “total deviation” is calculated by determining the difference in population between the largest and smallest districts and then dividing by the ideal population.
Applying that formula, we subtract the population of District 1 (the least populated,
3.00% below the ideal) from the population of District 4 (the most populated, 2.31% above the ideal) to get a range of 2,786. Dividing that range by the ideal populati on of 52,417, the “total deviation” of the City’s current district plan is 5.32% —which is way within the permissible 10% range.
However, under State law there are additional criteria that must be complied with. State law requires that the districts conform to the following:
1) The districts must be “substantially equal in population” as defined by the Supreme Court (i.e., within the 10% range discussed above).
1 Pursuant to State law, the population as reflected in the Census must be adjusted to redistribute incarcerated prisoners back to their last known place of pre -incarceration residence. See Elec. Code § 21601(a). Those are the data addressed herein.
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2) The districts must comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
3) The districts must comply with constitutional restrictions on “racial gerrymandering.
4) Subject to the constitutional and federal law requirements noted in paragraphs (1) – (3), voting districts must be established according to four statutory criteria, ranked in order of priority:
To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. To the extent practicable, the geographic integrity of any local neighborhood or local Community of Interest shall be respected in a manner that minimizes its division. A “Community of Interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of Interest do not include relationships with political parties, incumbents, or political candidates. Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the City.
To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
B. Process
Under the pertinent State laws as amended by AB 849 and AB 1276 (in 2019), the City Council is required conduct at least four public hearings prior to adopting an updated district boundary map. At least one such hearing must be held pr ior to the drafting of possible mapping alternatives, and at least two must be held after the drafting of possible mapping options.
This is the first of the required public hearings, with the remaining hearings to be conducted on February 15, 2022; March 1, 2022; and March 15, 2022. The legal deadline to complete this process is April 17, 2022.
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Per State law, the hearings must be conducted at a specific time; this hearing is noticed to begin at 6:00 p.m. The chief purpose of these mapping hearings is to obtain feedback from the public regarding possible changes to the districts, in particular Communities of Interest.
ALTERNATIVES
The City Council has the following alternatives:
1. Conduct the public hearing . This alternative will comply with State law a nd allow the City Council and the City’s consultants to receive feedback from the public regarding the adjustment of district boundaries in light of the 2020 Census.
2. Do not conduct the public hearing . If the process required by State law is not completed by the legal deadline, responsibility for redrawing the council districts shifts to the Riverside County Superior Court.
FISCAL IMPACT
None
NOTIFICATION
The Public Hearing Notice was published in the Press Enterprise Newspaper at least ten days in adva nce of the Public Hearing. Notices of the Public Hearing were also posted at City Hall, Senior Center, City’s Website and at the City’s three Library Branches.
PREPARATION OF STAFF REPORT
Prepared By: Concurred By:
Steven B. Quintanilla Mike Lee
Interim City Attorney City Manager
Christopher Skinnell Pat Jacquez-Nares
Special Redistricting Counsel City Clerk
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life F.2
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6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
Budget Officer Approval Approved . 1/26/22 2:30 PM City Attorney Approval Approved .
City Manager Approval Approved . 1/26/22 2:33 PM F.2
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