Cities Index.
Agenda packet, regular meeting

Moreno Valley City Council
April 5, 2022

Document
Agenda packet, regular meeting
Meeting
April 5, 2022
Body
Moreno Valley City Council
Pages
59
Original file
38.4 MB
Text extracted from the city's file for reading and search. Open the original on movalarchive.org. That file is the official record.

9. Certificate of Election Official - Amendment No. 9

10. Certificate of Election Official - Amendment No. 10

11. Certificate of Election Official - Amendment No. 11

12. Certificate of Election Official - Amendment No. 13

APPROVALS

Budget Officer Approval  Approved . 3/30/22 9:45 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 3/30/22 9:48 AM B.4
Packet Pg. 345
1 Resolution No. 2022-___
Date Adopted: April 5, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel (s) listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (s) (the “Annexation Parcel(s)”) to the CFD; and
WHEREAS, the Annexation Parcel(s) are comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 9 to Boundaries of Community Facilities District No. 20 21-01 ( Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel(s) to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MOR ENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel(s) are hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.a
Packet Pg. 346
Attachment: Resolution Ordering Annexation - Amendment No. 9 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 2 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses rela ted to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel(s) associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.a
Packet Pg. 347
Attachment: Resolution Ordering Annexation - Amendment No. 9 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 3 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

APPROVED AND ADOPTED this 5th day of April, 2022.

____________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

____________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.a
Packet Pg. 348
Attachment: Resolution Ordering Annexation - Amendment No. 9 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 4 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Paul Bradvica , Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regular ly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

PAUL BRADVICA, SECRETARY

(SEAL)

B.4.a
Packet Pg. 349
Attachment: Resolution Ordering Annexation - Amendment No. 9 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 5 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Number
9 484-153-004
List of Annexation Parcel(s)
B.4.a
Packet Pg. 350
Attachment: Resolution Ordering Annexation - Amendment No. 9 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 6 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT B

B.4.a
Packet Pg. 351
Attachment: Resolution Ordering Annexation - Amendment No. 9 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 1 Resolution No. 2022-___
Date Adopted: April 5, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel (s) listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (s) (the “Annexation Parcel(s)”) to the CFD; and
WHEREAS, the Annexation Parcel(s) are comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 10 to Boundaries of Community Facilities District No. 20 21-01 ( Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel(s) to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MOR ENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel(s) are hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.b
Packet Pg. 352
Attachment: Resolution Ordering Annexation - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 2 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses rela ted to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel(s) associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.b
Packet Pg. 353
Attachment: Resolution Ordering Annexation - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 3 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

APPROVED AND ADOPTED this 5th day of April, 2022.

____________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

____________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.b
Packet Pg. 354
Attachment: Resolution Ordering Annexation - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 4 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Paul Bradvica , Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regular ly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

PAUL BRADVICA, SECRETARY

(SEAL)

B.4.b
Packet Pg. 355
Attachment: Resolution Ordering Annexation - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 5 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Numbers
10 291-570-035
List of Annexation Parcel(s)
B.4.b
Packet Pg. 356
Attachment: Resolution Ordering Annexation - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 6 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT B

B.4.b
Packet Pg. 357
Attachment: Resolution Ordering Annexation - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 1 Resolution No. 2022-___
Date Adopted: April 5, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel (s) listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (s) (the “Annexation Parcel(s)”) to the CFD; and
WHEREAS, the Annexation Parcel(s) are comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 11 to Boundaries of Community Facilities District No. 20 21-01 ( Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel(s) to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MOR ENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel(s) are hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.c
Packet Pg. 358
Attachment: Resolution Ordering Annexation - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 2 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses rela ted to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel(s) associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.c
Packet Pg. 359
Attachment: Resolution Ordering Annexation - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 3 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

APPROVED AND ADOPTED this 5th day of April, 2022.

____________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

____________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.c
Packet Pg. 360
Attachment: Resolution Ordering Annexation - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 4 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Paul Bradvica , Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regular ly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

PAUL BRADVICA, SECRETARY

(SEAL)

B.4.c
Packet Pg. 361
Attachment: Resolution Ordering Annexation - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 5 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Numbers
11 482-382-019
List of Annexation Parcel(s)
B.4.c
Packet Pg. 362
Attachment: Resolution Ordering Annexation - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 6 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT B

B.4.c
Packet Pg. 363
Attachment: Resolution Ordering Annexation - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 1 Resolution No. 2022-___
Date Adopted: April 5, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021 -01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel (s) listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (s) (the “Annexation Parcel(s)”) to the CFD; and
WHEREAS, the Annexation Parcel(s) are comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 13 to Boundaries of Community Facilities District No. 20 21-01 ( Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel(s) to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MOR ENO VALLEY, CALIFORNIA , DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel(s) are hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.4.d
Packet Pg. 364
Attachment: Resolution Ordering Annexation - Amendment No. 13 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 2 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses rela ted to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel(s) associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

B.4.d
Packet Pg. 365
Attachment: Resolution Ordering Annexation - Amendment No. 13 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 3 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

APPROVED AND ADOPTED this 5th day of April, 2022.

____________________________
Mayor of the City of Moreno Valley ,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District

ATTEST:

____________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District

APPROVED AS TO FORM:

____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District

B.4.d
Packet Pg. 366
Attachment: Resolution Ordering Annexation - Amendment No. 13 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 4 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Paul Bradvica , Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regular ly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 5th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

PAUL BRADVICA, SECRETARY

(SEAL)

B.4.d
Packet Pg. 367
Attachment: Resolution Ordering Annexation - Amendment No. 13 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 5 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Numbers
13 474-590-037
List of Annexation Parcel(s)
B.4.d
Packet Pg. 368
Attachment: Resolution Ordering Annexation - Amendment No. 13 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 6 Resolution No. CSD 2022-___
Date Adopted: April 5, 2022

EXHIBIT B

B.4.d
Packet Pg. 369
Attachment: Resolution Ordering Annexation - Amendment No. 13 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS AMENDMENT NO. 9 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2021-01
(PARKS MAINTENANCE)
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MORENO VALLEY THIS __________ DAY OF ________, 20____.
______________________________________________________________________________________________ CITY CLERK OF THE CITY OF MORENO VALLEY, ACTING IN THE CAPACITY OF THE SECRETARY OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WAS APPROVED BY THE BOARD OF DIRECTORS OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF ___________, 20____, BY ITS RESOLUTION NO. ________________________.
______________________________________________________________________________________________ CITY CLERK OF THE CITY OF MORENO VALLEY, ACTING IN THE CAPACITY OF THE SECRETARY OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT FILED THIS ___________ DAY OF _____________, 20_____, AT THE HOUR OF _________ O CLOCK _____M, IN THE BOOK ___________ PAGE(S) _________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AS INSTRUMENT NO. ___________________________ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ______________________________________________________________________________________________ COUNTY RECORDER
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
REFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, RECORDED WITH THE RIVERSIDE COUNTY RECORDER S OFFICE ON MAY 4, 2021 IN BOOK 86 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE 95 AS INSTRUMENT NO. 2021-0280004. REFERENCE IS FURTHER MADE TO ANNEXATION MAP NO. 4 OF COMMUNITY FACILITIES DISTRICT NO. 2021- 01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (TERRITORY PROPOSED FOR ANNEXATION IN THE FUTURE, WITH THE CONDITION THAT PARCELS WITHIN THAT TERRITORY MAY BE ANNEXED ONLY WITH THE UNANIMOUS APPROVAL OF THE OWNER OR OWNERS OF EACH PARCEL OR PARCELS AT THE TIME THAT PARCEL OR THOSE PARCELS ARE ANNEXED) RECORDED WITH THE RIVERSIDE COUNTY RECORDER S OFFICE ON OCTOBER 27, 2021 IN BOOK 87, PAGE 81 OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AS INSTRUMENT NO. 2021-0635742, WHICH DESIGNATED THE TERRITORY SHOWN HEREIN AS TERRITORY FOR FUTURE ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT REFERENCE THEREON.
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. THE RIVERSIDE COUNTY ASSESSOR S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY OF MORENO VALLEY

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REDW
ING DR

CACTUS AVE

STUARD DR

BLAKE DR
REDW
ING DR

CLIFTON CT

FRESCA DR

JONESTOWN DR

CHANTRY DR

CACTUS AVE CACTUS AVE
REDW
ING DR

CHANTRY DR

CHANTRY DR
484-153-004
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet VICINITY VICINITY
MAPMAP
(THIS MAP AMENDS, BY ADDING THE ADDITIONAL TERRITORY SHOWN HEREON, THE BOUNDARY MAP FOR CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO 2021-01 (PARKS MAINTENANCE), CITY OF MORENO VALLEY, RIVERSIDE COUNTY, STATE OF CALIFORNIA, PRIOR RECORDED AT BOOK 86 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 95, IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.) 0 50 10025 Feet

BRODIAEA AVEBRODIAEA AVE

CACTUS AVE CACTUS AVE

BRODIAEA AVE

KITCHING ST

LASSELLE ST

RIO BRAVO RD

CHANTRY DR
REDW
ING DR

FLINT DR

WHITE WOOD CIR

STUARD DR

HOUSTON DR

FRESCA DR

BLAKE DR
O

S I T ES I T E
Legend
Annexation Parcel
Surrounding Area Parcels
B.4.e
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HYTHE ST
B.4.f
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Attachment: Boundary Map - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX

PERHAM DRINDIAN STHEACOCK STWINTERGREEN STBLUEBERRY RDCLIFFROSE CTLAVENDER LN B.4.g
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Attachment: Boundary Map - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MORENO VALLEY THIS __________ DAY OF ________, 20____.
______________________________________________________________________________________________ CITY CLERK OF THE CITY OF MORENO VALLEY, ACTING IN THE CAPACITY OF THE SECRETARY OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WAS APPROVED BY THE BOARD OF DIRECTORS OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF ___________, 20____, BY ITS RESOLUTION NO. ________________________.
______________________________________________________________________________________________ CITY CLERK OF THE CITY OF MORENO VALLEY, ACTING IN THE CAPACITY OF THE SECRETARY OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT FILED THIS ___________ DAY OF _____________, 20_____, AT THE HOUR OF _________ O CLOCK _____M, IN THE BOOK ___________ PAGE(S) _________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AS INSTRUMENT NO. ___________________________ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ______________________________________________________________________________________________ COUNTY RECORDER
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
REFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, RECORDED WITH THE RIVERSIDE COUNTY RECORDER S OFFICE ON MAY 4, 2021 IN BOOK 86 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE 95 AS INSTRUMENT NO. 2021-0280004. REFERENCE IS FURTHER MADE TO ANNEXATION MAP NO. 4 OF COMMUNITY FACILITIES DISTRICT NO. 2021- 01 (PARKS MAINTENANCE) OF THE MORENO VALLEY COMMUNITY SERVICES DISTRICT, CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA (TERRITORY PROPOSED FOR ANNEXATION IN THE FUTURE, WITH THE CONDITION THAT PARCELS WITHIN THAT TERRITORY MAY BE ANNEXED ONLY WITH THE UNANIMOUS APPROVAL OF THE OWNER OR OWNERS OF EACH PARCEL OR PARCELS AT THE TIME THAT PARCEL OR THOSE PARCELS ARE ANNEXED) RECORDED WITH THE RIVERSIDE COUNTY RECORDER S OFFICE ON OCTOBER 27, 2021 IN BOOK 87, PAGE 81 OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AS INSTRUMENT NO. 2021-0635742, WHICH DESIGNATED THE TERRITORY SHOWN HEREIN AS TERRITORY FOR FUTURE ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT REFERENCE THEREON.
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. THE RIVERSIDE COUNTY ASSESSOR S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

AMENDMENT NO. 13 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2021-01
(PARKS MAINTENANCE)

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY OF MORENO VALLEY

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

PERRIS BLVD

KALMIA ST

TROPIC CT

RIVIERA CT
COLEM
AN ST
LOM

BARDY LN

SPLENDOR W
AY
GEM CT

VENETIAN DR
M
ATHEW
S RD

ALPHA ST

PERRIS BLVD

ALPHA ST ALPHA ST

PERRIS BLVD

KALMIA ST
LOM

BARDY LN
474-590-037
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet VICINITY VICINITY
MAPMAP
(THIS MAP AMENDS, BY ADDING THE ADDITIONAL TERRITORY SHOWN HEREON, THE BOUNDARY MAP FOR CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO 2021-01 (PARKS MAINTENANCE), CITY OF MORENO VALLEY, RIVERSIDE COUNTY, STATE OF CALIFORNIA, PRIOR RECORDED AT BOOK 86 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 95, IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.) 0 75 15037.5 Feet
O

S I T ES I T E
Legend
Annexation Parcel
Surrounding Area Parcels

PERRIS BLVD

KITCHING ST

KALMIA ST KALMIA ST

ALPHA ST

KALMIA ST

ALPHA ST

KITCHING ST

HUBBARD ST
GEM CT

SUNAIRE PL

SAN FERNANDO ST
COLEM
AN ST

SPLENDOR
W
AY
LOM

BARDY LN MORENO

VISTA ST
B.4.h
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Packet Pg. 374
Attachment: Certificate of Election Official - Amendment No. 9 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS B.4.j
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Attachment: Certificate of Election Official - Amendment No. 10 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS B.4.k
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Attachment: Certificate of Election Official - Amendment No. 11 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS B.4.l
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Attachment: Certificate of Election Official - Amendment No. 13 (5716 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS

Report to City Council

ID#5744 Page 1
TO: Mayor and City Council

FROM: Steve Quintanilla, Interim City Attorney

AGENDA DATE: April 5, 2022

TITLE: FOURTH AND FINAL PUB LIC HEARING REGARDIN G

THE DECENNIAL CITY C OUNCIL REDISTRICTING
PROCESS BASED ON REC ENTLY RELEASED 2020 US

CENSUS POPULATION DATA FOR THE CITY O F

MORENO VALLEY

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Receive a presentation from the City’s redistricting consultants regarding proposed redistricting maps;

2. Conduct the final public hearing of the four State -mandated public hearings regarding the proposed redistricting maps in light of the 2020 Census, pursuant to Elections Code Sections 21601-21609;

3. Select a preferred district map for use until the 2030 Census, unless changes are permitted prior to the 2030 Census under applicable law at the time; and

4. Approve Resolution No. 2022 -_____, repealing the City’s existing district boundaries, contingent upon the adoption of an alternative preferred map, by a majority of the City Council based on the 2020 census a s required by California Elections Code sections 21601-21609

SUMMARY

Members of the Moreno Valley City Council are elected using “by -district” elections, meaning elections in which a candidate 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.

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State law (Elections Code §§ 21600-21609) requires that any city using district elections to review its district boundaries upon the release of the decennial U.S. Census, to determine whether the boundaries need to be adjusted in accordance with federal equal population requirements. This process must be done in accordance with the Federal Voting Rights Act, the Equal Protection Clause, and applicable State law.

This is the fourth and final of the four State -mandated 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.

It is important to note that even though it may appear to some that no changes may be required, the City is still required to go this process regardless. Moreover, the Redistricting Process is not the appropriate forum to address any change in the number of council members; this issue must be addressed in the context of the initiative process as a ballot measure for the voters to decide.

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 detailed 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 required 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 follow 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 districts 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

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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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 populatio n of District 4 (the most populated, 2.31% above the ideal) to get a range of 2,786. Dividing that range by the ideal population 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). 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 l aw 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.

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 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.

All of the maps, including the current district map, that will be presented to the Council at the public hearing comply with numbers 1-3, so the choice of map will necessarily turn on the question of which best applies the criteria listed in number 4, although a map with a lower total deviation is not any more legally defensible than another with a higher deviation, so long as both maps are within the 10% threshold discussed above and the deviation results from the pursuit of legitimate redistricting goals.

B. Process

Under the pertinent State laws as amended by AB 849 and AB 1276 (in 2019), the City Council is required to conduct at least four public hearings prior to adopting an updated district boundary map. At least one such hearing must be held prior to the drafting of possible mapping alternatives, and at least two must be held after the drafting of possible mapping options.

This is the fourth and final of the four State -mandated public hearings. This public hearing was originally scheduled for March 15, 2022, but had to be rescheduled to April 5, 2022, due the lack of a quorum. As such, new public hearing notices w ere prepared, posted and distributed as required by all applicable City policies and state laws. Staff also posted a notice of cancellation of the March 15 public hearing on the City’s redistricting website and other appropriate places accessible to the pu blic. The legal deadline to complete this process is April 17, 2022. The previous required public hearings were held on February 1 and February 15, 2022, and March 1, 2022.

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 this final public hearing is to receive public and Council feedback on proposed mapping options.

The draft maps are available on the City’s redistricting website at redistrictmoval.org.

ALTERNATIVES

The City Council has the following alternatives:

1. Conduct the public hearing and adopt a final district map for use in November 2022 and subsequent elections . This alternative will comply with State law and allow the City Council and the City’s consultants t o 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 th e council districts shifts to the Riverside County Superior Court.

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FISCAL IMPACT

None

NOTIFICATION

The Public Hearing Notice was published in the Press Enterprise Newspaper at least seven days in advance of the Public Hearing. Notices of the Public Hea ring 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 Brian Mohan
Special Redistricting Counsel Acting City Clerk

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Resolution Adjusting District Boundaries FINAL (4)

APPROVALS

Budget Officer Approval  Approved . 3/29/22 4:09 PM City Attorney Approval  Approved .

City Manager Approval  Approved . 3/29/22 4:12 PM F.1
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Resolution No. 2022-___
Date Adopted: April 5, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, REPEALING THE
CITY’S EXISTING CITY COUNCIL MEMBER DISTRICT

BOUNDARIES, CONTINGENT UPON THE ADOPTION OF

AN ALTERNATIVE PREFERRED MAP BY A MAJORITY OF
THE CITY COUNCIL BASED ON THE 2020 CENSUS AS

REQUIRED BY CALIFORNIA ELECTIONS CODE
SECTIONS 21601-21609
WHEREAS, on June 10, 2014, the City Council adopted Ordinance No. 87 9, submitting to the voters of the City the question of whether to adopt a separately elected Mayor with four city council members elected “by districts”; and WHEREAS, Ordinance No. 879 also proposed the four city council districts to take effect upon approval by the City’s voters; and
WHEREAS, on November 4, 2014, a majority of the voters of the City of Moreno Valley voted in the affirmative on Measure R, thereby adopting Ordinance No. 879; and WHEREAS, the city council districts contained in Ordinance No. 879 were used in the 2016, 2018, and 2020 regular elections; and
WHEREAS, California’s FAIR MAPS Act, Elections Code sections 21600 to 21609 requires that any general law city that elects the members of its council “by districts” evaluate those districts following the release of the decennial census to ensure “ that the council districts shall be substantially equal in population as required by the United States Constitution”; and
WHEREAS, the United States Supre me Court has held that a “total deviation” under 10% is presumptively constitutional; and
WHEREAS, the existing city council districts have a “total deviation” of population between the districts of 5.32% based on the 2020 Census; and WHEREAS, under changes to state law adopted by the Legislature in 2019, there are additional criteria that must be complied with, including contiguity, minimizing division of neighborhoods and communities of interest to the extent possible, following easily understandable boundaries to the extent possible, and encouraging the compactness of population to the extent practicable; and
WHEREAS, the Census Bureau released the final redistricting data on August 12, 2021; and
WHEREAS, the California Statewide Database released an “adjusted” version of those data as required by Elections Code section 21601(a)(2) on September 21, 2021, and released a corrected version of those “adjusted” data on September 27, 2021; and F.1.a
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Resolution No. 2022-___
Date Adopted: April 5, 2022
WHEREAS, the City has retained an experienced redistricting/demographic consulting firm, National Demographics Corporation (NDC), and experienced legal counsel, Nielsen Merksamer, to advise it on the process of preparing a revised district plan; and
WHEREAS, on February 1, 2022, the City Council conducted its first duly-noticed public hearing to receive public testimony regarding the composition of the districts, especially communities of interest after receiving information regarding the final “adjusted” demographics of the existing districts based on the SWDB data, the redistricting process, and the legal and policy criteria governing redistricting, after which; and
WHEREAS, on February 15, 202 2, the City Council conducted a second duly- noticed public hearing at its regular city council meeting to receive public testimony regarding the composition of the districts and instructed its consultants to prepare draft maps for consideration at future public hearings; and
WHEREAS, on March 1, 2022, the City Council conducted a third duly-noticed public hearing at its regular city council meeting, wherein the City’s consultants presented four draft council district plans to the City Council—the existing lines, which, as noted above, remain population-balanced—and three maps submitted by members of the public (Public Maps 101, 102, and 103); and
WHEREAS, the fourth and final public hearing which was originally scheduled for March 15, 2022, had to be rescheduled to April 5, 2022, due the lack of a quorum , new public hearing notices were prepared, posted and distributed as required by all applicable City policies and state laws to reflect that the fourth and final public hearing was scheduled for April 5, 2022; and
WHEREAS, on April 5, 2022, the City Council conducted the fourth and final duly- noticed public hearing at its regular city council meeting regarding the draft maps considered at the March 1 hearing plus nine additional maps submitted by members of the public; and
WHEREAS, throughout this process the City has maintained a detailed redistricting website as required by law, at https://redistrictmoval.org/; and WHEREAS, the City has provided notices and other materials in Spanish, and has provided translation services upon request; and
WHEREAS, the City has engaged in good- faith public outreach to community groups and other interested parties as required by law; and WHEREAS, the City made online mapping tools available to the public, to permit them to submit draft maps if so desired;
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Resolution No. 2022-___
Date Adopted: April 5, 2022
WHEREAS, the City Council has considered all public comments on the proposed council district plans; and
WHEREAS, the City Council believes that the districts contained in ___________ (the “Preferred Map”), incorporated herein, would best serve the interests of the City and the public at large; and
WHEREAS, the populations in the proposed districts of the Preferred Map are substantially equal in compliance with legal requirements; and WHEREAS, Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, and the Preferred Map complies with section 2 of the Voting Rights Act; and
WHEREAS, the districts as depicted in the Preferred Map are each geographically contiguous; and
WHEREAS, the Preferred Map seeks to minimize the division of communities of interest and neighborhoods to the extent possible; and
WHEREAS, the Preferred Map uses easily understandable boundaries, like streets, natural and artificial barriers, and the boundaries of the City, to the extent possible; and
WHEREAS, the Preferred Map is drawn to encourage geographical compactness to the extent practicable; and

WHEREAS, Elections Code section 20601(a) that following each federal decennial census for a city, the city may adopt boundaries for all of the council districts of the city by resolution.

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

Section 1. ADOPTION OF PREFERRED MAP
That p ursuant to California Elections Code section 21601 and Municipal Code section 2.02.040, the City Council prefers the district boundaries in ___________________________ (the “Preferred Map”), attached hereto as Exhibit “A” and incorporated herein by this reference; believes that its adoption would be serve the public interest of the City’s r esidents and voters; and by this Resolution hereby adopts the district boundaries in the Preferred Map for use at the City’s November 2022 election and subsequent elections until a further re- alignment is required pursuant to Elections Code section 21601 and Municipal Code section 2.02.040, following the release of the F.1.a
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Resolution No. 2022-___
Date Adopted: April 5, 2022
2030 Census, or unless changes are approved prior to the 2030 Census pursuant to the applicable laws in place at the time.

Section 2. CONTINUING EFFECT
That, n otwithstanding Section 1 of this Ordinance, and in accordance with Elections Code section 21606, the district boundaries adopted by Ordinance No. 879 shall remain effective for purposes of filling vacancies in office until the next regularly - scheduled election for each district
Section 3. IMPLEMENTATION
(1) T hat the City Manager and/or his designee shall take all actions necessary to notify the Riverside County Registrar’s Office of the City Council’s determination forthwith and provide whatever assistance may be required by the Registrar’s Office to implement the new boundary lines.
(2) That because the new district plan may contain technical anomalies caused by errors in the 2020 Census line files that do not substantively affect the populations in the districts, the district boundaries, or the intent of this Resolution, which anomalies are not revealed until implementation begins, the City Manager and/or designee is authorized to make technical emendations to the new plan that do not substantively affect the populations in the districts, the district boundaries, or the intent of this Resolution , and shall advise the City Council of any such emendations that are found to be required in plan implementation by the County Registrar’s Office.
(3) T hat t he City Manager shall consult with legal counsel and/or the City’s demographic consultant as necessary to resolve any legal or technical issues necessary to give effect to this Resolution.

Section 4. CONFLICTING MEASURES
That t o the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the ter ms of this Resolution shall prevail with respect to the subject matter thereof.

Section 5. INTERPRETATION
That in interpreting this Resolution or resolving any ambiguity, this Resolution shall be interpreted in a manner that effectively accomplishes its stated purposes.

Section 6. SEVERABILITY
That if any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Moreno Valley hereby F.1.a
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Resolution No. 2022-___
Date Adopted: April 5, 2022
declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of t he fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and enti re it into the book of original resolutions.

APPROVED AND ADOPTED THIS 5th day of April 2022

__________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley

ATTEST:

________________________________
Brian Mohan, Acting City Clerk

APPROVED AS TO FORM:

________________________________
Steven B. Quintanilla, Interim City Attorney

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Resolution No. 2022-___
Date Adopted: April 5, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Brian Mohan, Acting City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 5th day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________

CITY CLERK

(SEAL)

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Resolution No. 2022-___
Date Adopted: April 5, 2022

Exhibit A to Resolution No. 2022-___
(Map of City Council Districts – 2020 Census)

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Report to City Council

ID#5731 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: April 5, 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) Residential Regulatory Rate to be applied to the property tax bill of the parcel identified herei n (Homes For Our Troops Inc, located at 25133 Kalmia Ave).

2. Direct the City Clerk to open and count the returned NPDES ballot;

3. Verify and accept the results of the mail ballot proceeding as maintained by the City Clerk on the Official Tally Sheet and if a pproved, 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 funding 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 p rogram 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 co ntrol 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 Intere st, 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
Homes For Our Troops Inc
Single Family Home
PEN21-0009/SBP22-0001
474-590-037 25133 Kalmia Ave. $351.43/parcel
Residential 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 authorize s 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 applied 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 requirements, timing of noticing, and providing an opportunity for the property owner to address the City Council (i.e., public comment portion of the Public Hear ing). 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 of the Public Hearing. The ballot can be opened and counted, and results announced, at the close of the Public Hearing.

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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 conditi on of approval will remain unsatisfied and may delay development of the project.

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 condi tion 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 Ci ty Council meeting. Staff does not recommend this alternative because it may delay project development and will cause the City to incur additional costs to restart the 45 -day noticing period.

FISCAL IMPACT

Revenue received from the NPDES rate is restrict ed and can only be used within the stormwater management program. The revenue provides funding to maintain compliance with the unfunded requirements of the Permit. It also offsets stormwater management program expenses, which reduces the financial impact t o the General 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 Residential Rate is $ 351.43 per parcel, and any divi sion thereof. The maximum NPDES rates are subject to an annual inflationary adjustment.

However, the annual adjustment cannot be applied unless the City Council annually F.2
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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 March 17, 2022 and March 24, 2022.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager/CFO/City Treasurer/Acting City Clerk

Concurred By:

Michael Lloyd, P.E.

Public Works Director/City Engineer

CITY COUNCIL GOALS
Advocacy. Dev elop 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

6. Youth Programs

Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

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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. Ballot Documents - Homes For Our Troops Inc

APPROVALS

Budget Officer Approval  Approved . 3/30/22 9:49 AM City Attorney Approval  Approved .

City Manager Approval  Approved . 3/30/22 9:52 AM F.2
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