A.11.a
Packet Pg. 349
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 06/01/2022 60934N104 7,292.40 Federated Investors Government Obligations Fund
1.000 0.65% 7,292.40 0.00 7,292.40 0.00
Purchase 06/01/2022 60934N104 257.83 Federated Investors Government Obligations Fund
1.000 0.65% 257.83 0.00 257.83 0.00
Purchase 06/06/2022 60934N104 6,738.04 Federated Investors Government Obligations Fund
1.000 0.65% 6,738.04 0.00 6,738.04 0.00
Purchase 06/08/2022 60934N104 28,687.50 Federated Investors Government Obligations Fund
1.000 0.65% 28,687.50 0.00 28,687.50 0.00
Purchase 06/10/2022 60934N104 7,437.50 Federated Investors Government Obligations Fund
1.000 0.65% 7,437.50 0.00 7,437.50 0.00
Purchase 06/10/2022 91282CET4 1,800,000.00 US Treasury Note
2.625% Due 5/31/2027
97.965 3.07% 1,763,367.19 1,290.98 1,764,658.17 0.00
Purchase 06/14/2022 60934N104 43,125.00 Federated Investors Government Obligations Fund
1.000 0.65% 43,125.00 0.00 43,125.00 0.00
Purchase 06/15/2022 60934N104 15,000.00 Federated Investors Government Obligations Fund
1.000 0.65% 15,000.00 0.00 15,000.00 0.00
Purchase 06/15/2022 60934N104 40,341.86 Federated Investors Government Obligations Fund
1.000 0.65% 40,341.86 0.00 40,341.86 0.00
Purchase 06/15/2022 60934N104 56,176.99 Federated Investors Government Obligations Fund
1.000 0.65% 56,176.99 0.00 56,176.99 0.00
Purchase 06/15/2022 60934N104 45,291.33 Federated Investors Government Obligations Fund
1.000 0.65% 45,291.33 0.00 45,291.33 0.00
Purchase 06/15/2022 60934N104 329.33 Federated Investors Government Obligations Fund
1.000 0.65% 329.33 0.00 329.33 0.00
Purchase 06/15/2022 60934N104 340.21 Federated Investors Government Obligations Fund
1.000 0.65% 340.21 0.00 340.21 0.00
Purchase 06/15/2022 60934N104 271.33 Federated Investors Government Obligations Fund
1.000 0.65% 271.33 0.00 271.33 0.00
Purchase 06/15/2022 60934N104 228.00 Federated Investors Government Obligations Fund
1.000 0.65% 228.00 0.00 228.00 0.00
Purchase 06/15/2022 60934N104 2,220.00 Federated Investors Government Obligations Fund
1.000 0.65% 2,220.00 0.00 2,220.00 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 350
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 06/15/2022 60934N104 739.50 Federated Investors Government Obligations Fund
1.000 0.65% 739.50 0.00 739.50 0.00
Purchase 06/15/2022 60934N104 280.50 Federated Investors Government Obligations Fund
1.000 0.65% 280.50 0.00 280.50 0.00
Purchase 06/15/2022 60934N104 1,715.50 Federated Investors Government Obligations Fund
1.000 0.65% 1,715.50 0.00 1,715.50 0.00
Purchase 06/15/2022 60934N104 3,638.60 Federated Investors Government Obligations Fund
1.000 0.65% 3,638.60 0.00 3,638.60 0.00
Purchase 06/15/2022 60934N104 318.50 Federated Investors Government Obligations Fund
1.000 0.65% 318.50 0.00 318.50 0.00
Purchase 06/15/2022 60934N104 1,624.00 Federated Investors Government Obligations Fund
1.000 0.65% 1,624.00 0.00 1,624.00 0.00
Purchase 06/15/2022 60934N104 28,147.54 Federated Investors Government Obligations Fund
1.000 0.65% 28,147.54 0.00 28,147.54 0.00
Purchase 06/15/2022 60934N104 54,654.44 Federated Investors Government Obligations Fund
1.000 0.65% 54,654.44 0.00 54,654.44 0.00
Purchase 06/15/2022 60934N104 16,710.77 Federated Investors Government Obligations Fund
1.000 0.65% 16,710.77 0.00 16,710.77 0.00
Purchase 06/15/2022 60934N104 15,049.03 Federated Investors Government Obligations Fund
1.000 0.65% 15,049.03 0.00 15,049.03 0.00
Purchase 06/15/2022 60934N104 17,289.61 Federated Investors Government Obligations Fund
1.000 0.65% 17,289.61 0.00 17,289.61 0.00
Purchase 06/15/2022 60934N104 3,936.30 Federated Investors Government Obligations Fund
1.000 0.65% 3,936.30 0.00 3,936.30 0.00
Purchase 06/15/2022 60934N104 38,554.86 Federated Investors Government Obligations Fund
1.000 0.65% 38,554.86 0.00 38,554.86 0.00
Purchase 06/16/2022 60934N104 441.00 Federated Investors Government Obligations Fund
1.000 0.65% 441.00 0.00 441.00 0.00
Purchase 06/16/2022 60934N104 1,343.33 Federated Investors Government Obligations Fund
1.000 0.65% 1,343.33 0.00 1,343.33 0.00
Purchase 06/16/2022 60934N104 252.17 Federated Investors Government Obligations Fund
1.000 0.65% 252.17 0.00 252.17 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 351
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 06/17/2022 60934N104 8,500.00 Federated Investors Government Obligations Fund
1.000 0.65% 8,500.00 0.00 8,500.00 0.00
Purchase 06/18/2022 60934N104 10,040.63 Federated Investors Government Obligations Fund
1.000 0.65% 10,040.63 0.00 10,040.63 0.00
Purchase 06/19/2022 60934N104 11,871.00 Federated Investors Government Obligations Fund
1.000 0.65% 11,871.00 0.00 11,871.00 0.00
Purchase 06/21/2022 60934N104 2,216.67 Federated Investors Government Obligations Fund
1.000 0.65% 2,216.67 0.00 2,216.67 0.00
Purchase 06/21/2022 60934N104 54,113.34 Federated Investors Government Obligations Fund
1.000 0.65% 54,113.34 0.00 54,113.34 0.00
Purchase 06/21/2022 60934N104 50,197.76 Federated Investors Government Obligations Fund
1.000 0.65% 50,197.76 0.00 50,197.76 0.00
Purchase 06/21/2022 60934N104 93.38 Federated Investors Government Obligations Fund
1.000 0.65% 93.38 0.00 93.38 0.00
Purchase 06/21/2022 60934N104 451.00 Federated Investors Government Obligations Fund
1.000 0.65% 451.00 0.00 451.00 0.00
Purchase 06/21/2022 60934N104 2,793.00 Federated Investors Government Obligations Fund
1.000 0.65% 2,793.00 0.00 2,793.00 0.00
Purchase 06/21/2022 60934N104 475.88 Federated Investors Government Obligations Fund
1.000 0.65% 475.88 0.00 475.88 0.00
Purchase 06/21/2022 60934N104 396.50 Federated Investors Government Obligations Fund
1.000 0.65% 396.50 0.00 396.50 0.00
Purchase 06/23/2022 60934N104 4,069.80 Federated Investors Government Obligations Fund
1.000 0.65% 4,069.80 0.00 4,069.80 0.00
Purchase 06/24/2022 60934N104 4,512.50 Federated Investors Government Obligations Fund
1.000 0.65% 4,512.50 0.00 4,512.50 0.00
Purchase 06/27/2022 60934N104 729,791.33 Federated Investors Government Obligations Fund
1.000 0.65% 729,791.33 0.00 729,791.33 0.00
Purchase 06/27/2022 60934N104 89,099.34 Federated Investors Government Obligations Fund
1.000 0.65% 89,099.34 0.00 89,099.34 0.00
Purchase 06/27/2022 60934N104 1,633.66 Federated Investors Government Obligations Fund
1.000 0.65% 1,633.66 0.00 1,633.66 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 352
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 06/27/2022 60934N104 2,100.29 Federated Investors Government Obligations Fund
1.000 0.65% 2,100.29 0.00 2,100.29 0.00
Purchase 06/27/2022 60934N104 2,469.03 Federated Investors Government Obligations Fund
1.000 0.65% 2,469.03 0.00 2,469.03 0.00
Purchase 06/27/2022 60934N104 3,825.00 Federated Investors Government Obligations Fund
1.000 0.65% 3,825.00 0.00 3,825.00 0.00
Purchase 06/27/2022 60934N104 8,725.00 Federated Investors Government Obligations Fund
1.000 0.65% 8,725.00 0.00 8,725.00 0.00
Purchase 06/27/2022 60934N104 6,304.51 Federated Investors Government Obligations Fund
1.000 0.65% 6,304.51 0.00 6,304.51 0.00
Purchase 06/27/2022 60934N104 4,413.75 Federated Investors Government Obligations Fund
1.000 0.65% 4,413.75 0.00 4,413.75 0.00
Purchase 06/27/2022 60934N104 148.50 Federated Investors Government Obligations Fund
1.000 0.65% 148.50 0.00 148.50 0.00
Purchase 06/27/2022 60934N104 1,407.08 Federated Investors Government Obligations Fund
1.000 0.65% 1,407.08 0.00 1,407.08 0.00
Purchase 06/30/2022 60934N104 880,820.46 Federated Investors Government Obligations Fund
1.000 1.36% 880,820.46 0.00 880,820.46 0.00
Purchase 06/30/2022 60934N104 65,437.50 Federated Investors Government Obligations Fund
1.000 1.36% 65,437.50 0.00 65,437.50 0.00
Subtotal 4,184,339.88 4,147,707.07 1,290.98 4,148,998.05 0.00 TOTAL ACQUISITIONS 4,184,339.88 4,147,707.07 1,290.98 4,148,998.05 0.00
DISPOSITIONS
Sale 06/10/2022 3137EAEN5 1,400,000.00 FHLMC Note
2.75% Due 6/19/2023
100.328 1.90% 1,404,592.00 18,287.50 1,422,879.50 -7,140.18 Sale 06/10/2022 60934N104 341,778.67 Federated Investors Government Obligations Fund
1.000 0.65% 341,778.67 0.00 341,778.67 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 353
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Sale 06/30/2022 02665WCJ8 335,000.00 American Honda Finance Note
3.45% Due 7/14/2023
100.070 3.49% 335,234.50 5,329.29 340,563.79 354.92
Sale 06/30/2022 02665WCQ2 535,000.00 American Honda Finance Note
3.625% Due 10/10/2023
100.177 3.64% 535,946.95 4,309.72 540,256.67 1,059.15
Subtotal 2,611,778.67 2,617,552.12 27,926.51 2,645,478.63 -5,726.11 Paydown 06/15/2022 02582JJT8 0.00 American Express Credit Trust 2022-2 A
3.39% Due 5/17/2027
100.000 0.00 3,638.60 3,638.60 0.00
Paydown 06/15/2022 43813DAC2 27,916.32 Honda Auto Receivables 2020-2 A3
0.82% Due 7/15/2024
100.000 27,916.32 231.22 28,147.54 0.00
Paydown 06/15/2022 43815BAC4 0.00 Honda Auto Receivables Trust 2022-1 A3
1.88% Due 5/15/2026
100.000 0.00 1,715.50 1,715.50 0.00
Paydown 06/15/2022 43815NAC8 54,230.53 Honda Auto Receivables Trust 2019-3 A3
1.78% Due 8/15/2023
100.000 54,230.53 423.91 54,654.44 0.00
Paydown 06/15/2022 44891RAC4 16,432.10 Hyundai Auto Receivables Trust 2020-C A3
0.38% Due 5/15/2025
100.000 16,432.10 278.67 16,710.77 0.00
Paydown 06/15/2022 44891VAC5 0.00 Hyundai Auto Lease Trust 2021-B A3
0.33% Due 6/17/2024
100.000 0.00 280.50 280.50 0.00
Paydown 06/15/2022 44891WAC3 0.00 Hyundai Auto Lease Trust 2022-A A3
1.16% Due 1/15/2025
100.000 0.00 739.50 739.50 0.00
Paydown 06/15/2022 448977AD0 0.00 Hyundai Auto Receivables Trust 2022-A A3
2.22% Due 10/15/2026
100.000 0.00 2,220.00 2,220.00 0.00
Paydown 06/15/2022 44933LAC7 0.00 Hyundai Auto Receivables Trust 2021-A A3
0.38% Due 9/15/2025
100.000 0.00 228.00 228.00 0.00
Paydown 06/15/2022 44935FAD6 0.00 Hyundai Auto Receivables Trust 2021-C A3
0.74% Due 5/15/2026
100.000 0.00 271.33 271.33 0.00
Paydown 06/15/2022 477870AC3 14,881.65 John Deere Owner Trust 2019-B A3
2.21% Due 12/15/2023
100.000 14,881.65 167.38 15,049.03 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 354
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Paydown 06/15/2022 47787JAC2 0.00 John Deere Owner Trust 2022-A A3
2.32% Due 9/16/2026
100.000 0.00 1,624.00 1,624.00 0.00
Paydown 06/15/2022 47787NAC3 17,176.59 John Deere Owner Trust 2020-B A3
0.51% Due 11/15/2024
100.000 17,176.59 113.02 17,289.61 0.00
Paydown 06/15/2022 47789JAD8 3,926.78 John Deere Owner Trust 2019-A A3
2.91% Due 7/17/2023
100.000 3,926.78 9.52 3,936.30 0.00
Paydown 06/15/2022 47789KAC7 38,120.05 John Deere Owner Trust 2020-A A3
1.1% Due 8/15/2024
100.000 38,120.05 434.81 38,554.86 0.00
Paydown 06/15/2022 47789QAC4 0.00 John Deere Owner Trust 2021-B A3
0.52% Due 3/16/2026
100.000 0.00 318.50 318.50 0.00
Paydown 06/15/2022 58769EAC2 40,190.22 Mercedes-Benz Auto Lease Trust 2020- B A3
0.4% Due 11/15/2023
100.000 40,190.22 151.64 40,341.86 0.00
Paydown 06/15/2022 65479JAD5 55,408.72 Nissan Auto Receivables Owner 2019-C A3
1.93% Due 7/15/2024
100.000 55,408.72 768.27 56,176.99 0.00
Paydown 06/15/2022 89236XAC0 45,112.79 Toyota Auto Receivables 2020-D A3
0.35% Due 1/15/2025
100.000 45,112.79 178.54 45,291.33 0.00
Paydown 06/15/2022 89238JAC9 0.00 Toyota Auto Receivables Trust 2021-D A3
0.71% Due 4/15/2026
100.000 0.00 340.21 340.21 0.00
Paydown 06/15/2022 89240BAC2 0.00 Toyota Auto Receivables Owners 2021- A A3
0.26% Due 5/15/2025
100.000 0.00 329.33 329.33 0.00
Paydown 06/16/2022 362554AC1 0.00 GM Financial Securitized Term 2021-4 A3
0.68% Due 9/16/2026
100.000 0.00 252.17 252.17 0.00
Paydown 06/16/2022 362585AC5 0.00 GM Financial Securitized ART 2022-2 A3
3.1% Due 2/16/2027
100.000 0.00 1,343.33 1,343.33 0.00
Paydown 06/16/2022 380146AC4 0.00 GM Financial Auto Receivables 2022-1 A3
1.26% Due 11/16/2026
100.000 0.00 441.00 441.00 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 355
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Paydown 06/21/2022 36262XAC8 0.00 GM Financial Auto Lease Trust 2021-3 A2
0.39% Due 10/21/2024
100.000 0.00 396.50 396.50 0.00
Paydown 06/21/2022 36265MAC9 0.00 GM Financial Auto Lease Trust 2022-1 A3
1.9% Due 3/20/2025
100.000 0.00 2,216.67 2,216.67 0.00
Paydown 06/21/2022 43813GAC5 0.00 Honda Auto Receivables Trust 2021-1 A3
0.27% Due 4/21/2025
100.000 0.00 93.38 93.38 0.00
Paydown 06/21/2022 43813KAC6 53,872.71 Honda Auto Receivables Trust 2020-3 A3
0.37% Due 10/18/2024
100.000 53,872.71 240.63 54,113.34 0.00
Paydown 06/21/2022 43815GAC3 0.00 Honda Auto Receivables Trust 2021-4 A3
0.88% Due 1/21/2026
100.000 0.00 451.00 451.00 0.00
Paydown 06/21/2022 89238LAC4 0.00 Toyota Lease Owner Trust 2022-A A3
1.96% Due 2/20/2025
100.000 0.00 2,793.00 2,793.00 0.00
Paydown 06/21/2022 92290BAA9 0.00 Verizon Owner Trust 2020-B A
0.47% Due 2/20/2025
100.000 0.00 475.88 475.88 0.00
Paydown 06/21/2022 92348AAA3 49,689.23 Verizon Owner Trust 2019-C A1A
1.94% Due 4/22/2024
100.000 49,689.23 508.53 50,197.76 0.00
Paydown 06/27/2022 05601XAC3 0.00 BMW Vehicle Lease Trust 2022-1 A3
1.1% Due 3/25/2025
100.000 0.00 1,407.08 1,407.08 0.00
Paydown 06/27/2022 05602RAD3 0.00 BMW Vehicle Owner Trust 2022-A A3
3.21% Due 8/25/2026
100.000 0.00 2,469.03 2,469.03 0.00
Paydown 06/27/2022 09690AAC7 0.00 BMW Vehicle Lease Trust 2021-2 A3
0.33% Due 12/26/2024
100.000 0.00 148.50 148.50 0.00
Paydown 06/27/2022 3137B4WB8 0.00 FHLMC K033 A2Due 7/25/2023 100.000 0.00 3,825.00 3,825.00 0.00 Paydown 06/27/2022 3137B5JM6 0.00 FHLMC K034 A2
3.531% Due 7/25/2023
100.000 0.00 4,413.75 4,413.75 0.00
Paydown 06/27/2022 3137B7MZ9 0.00 FHLMC K036 A2Due 10/25/2023 100.000 0.00 6,304.51 6,304.51 0.00 Paydown 06/27/2022 3137B7YY9 0.00 FHLMC K037 A2
3.49% Due 1/25/2024
100.000 0.00 8,725.00 8,725.00 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 356
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Paydown 06/27/2022 3137BLW95 0.00 FHLMC K050 A2
3.334% Due 8/25/2025
100.000 0.00 1,633.66 1,633.66 0.00
Paydown 06/27/2022 3137BM6P6 726,933.28 FHLMC K721 A2Due 8/25/2022 100.000 726,933.28 2,858.05 729,791.33 0.00 Paydown 06/27/2022 3137BSP72 0.00 FHLMC K058 A2
2.653% Due 8/25/2026
100.000 0.00 2,100.29 2,100.29 0.00
Paydown 06/27/2022 3137BYPQ7 85,482.69 FHLMC K726 A2
2.905% Due 4/25/2024
100.000 85,482.69 3,616.65 89,099.34 0.00
Subtotal 1,229,373.66 1,229,373.66 61,176.06 1,290,549.72 0.00 TOTAL DISPOSITIONS 3,841,152.33 3,846,925.78 89,102.57 3,936,028.35 -5,726.11
OTHER TRANSACTIONS
Interest 06/01/2022 46647PCH7 1,770,000.00 JP Morgan Chase & Co Callable Note Cont 6/1/2024
0.824% Due 6/1/2025
0.000 7,292.40 0.00 7,292.40 0.00
Interest 06/06/2022 74153WCQ0 1,185,000.00 Pricoa Global Funding Note
1.15% Due 12/6/2024
0.000 6,738.04 0.00 6,738.04 0.00
Interest 06/08/2022 3130A0F70 1,700,000.00 FHLB Note
3.375% Due 12/8/2023
0.000 28,687.50 0.00 28,687.50 0.00
Interest 06/10/2022 40139LBC6 1,700,000.00 Guardian Life Glob Fun Note
0.875% Due 12/10/2025
0.000 7,437.50 0.00 7,437.50 0.00
Interest 06/14/2022 3130A1XJ2 3,000,000.00 FHLB Note
2.875% Due 6/14/2024
0.000 43,125.00 0.00 43,125.00 0.00
Interest 06/15/2022 91282CDN8 3,000,000.00 US Treasury Note 1% Due 12/15/2024
0.000 15,000.00 0.00 15,000.00 0.00
Interest 06/17/2022 3135G04Z3 3,400,000.00 FNMA Note
0.5% Due 6/17/2025
0.000 8,500.00 0.00 8,500.00 0.00
Interest 06/18/2022 89236TJK2 1,785,000.00 Toyota Motor Credit Corp Note
1.125% Due 6/18/2026
0.000 10,040.63 0.00 10,040.63 0.00
Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 357
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
OTHER TRANSACTIONS
Interest 06/19/2022 06051GJD2 1,800,000.00 Bank of America Corp Callable Note Cont 6/19/2025
1.319% Due 6/19/2026
0.000 11,871.00 0.00 11,871.00 0.00
Interest 06/23/2022 46647PCK0 840,000.00 JP Morgan Chase & Co Callable Note Cont 6/23/2024
0.969% Due 6/23/2025
0.000 4,069.80 0.00 4,069.80 0.00
Interest 06/24/2022 64952WDQ3 950,000.00 New York Life Global Note
0.95% Due 6/24/2025
0.000 4,512.50 0.00 4,512.50 0.00
Interest 06/30/2022 912828V23 3,150,000.00 US Treasury Note
2.25% Due 12/31/2023
0.000 35,437.50 0.00 35,437.50 0.00
Interest 06/30/2022 912828XX3 3,000,000.00 US Treasury Note 2% Due 6/30/2024
0.000 30,000.00 0.00 30,000.00 0.00
Subtotal 27,280,000.00 212,711.87 0.00 212,711.87 0.00
Dividend 06/01/2022 60934N104 5,843,355.28 Federated Investors Government Obligations Fund
0.000 257.83 0.00 257.83 0.00
Subtotal 5,843,355.28 257.83 0.00 257.83 0.00
TOTAL OTHER TRANSACTIONS 33,123,355.28 212,969.70 0.00 212,969.70 0.00 Execution Time: 7/4/2022 12:13:46 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 358
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - City of Moreno Valley Limited Strategy
MONTHLY ACCOUNT STATEMENT
JUNE 1, 2022 THROUGH JUNE 30, 2022
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.
CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
US Bank
Alex Bazan
(503) 464-3685
A.11.a
Packet Pg. 359
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT -
ACCOUNT SUMMARY
Beg. Values
as of 5/31/22
End Values
as of 6/30/22
Market Value 10,000,338 10,012,681
Accrued Interest 0 0
Total Market Value 10,000,338 10,012,681
Income Earned 338 12,343
Cont/WD 0
Par 10,043,023 10,045,233
Book Value 10,000,338 10,012,681
Cost Value 10,000,000 10,002,210
TOP ISSUERS
Government of United States 99.5%
Federated GOVT Obligation MMF 0.5%
Total 100.0%
PORTFOLIO CHARACTERISTICS
Average Modified Duration 0.26
Average Coupon 1.22%
Average Purchase YTM 1.24%
Average Market YTM 1.24%
Average S&P/Moody Rating AAA/Aaa
Average Final Maturity 0.26 yrs
Average Life 0.00 yrs
CREDIT QUALITY (S&P)
MATURITY DISTRIBUTION
SECTOR ALLOCATION
Portfolio Summary
As of June 30, 2022
City of Moreno Valley Limited Strategy
PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Execution Time: 7/4/2022 1:33:29 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 360
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Holdings Report
As of June 30, 2022
City of Moreno Valley Limited Strategy
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
MONEY MARKET FUND
60934N104 Federated Investors Government
Obligations Fund
45,233.36 Various
1.36%
45,233.36
45,233.36
1.00 1.36%
45,233.36
0.00 0.45%
0.00 Aaa / AAA
AAA
0.00 0.00
Total Money Market Fund 45,233.36 1.36%
45,233.36
45,233.36 1.36%
45,233.36
0.00 0.45%
0.00 Aaa / AAA
AAA
0.00 0.00
US TREASURY
912796M71 US Treasury Bill
1.103% Due 9/8/2022
4,000,000.00 05/27/2022
1.12%
3,987,750.00
3,991,547.50
99.79 1.12%
3,991,547.50
0.00 39.86%
0.00 P-1 / A-1+
F-1+
0.19 0.19
912796M89 US Treasury Bill
1.203% Due 10/6/2022
3,000,000.00 05/27/2022
1.23%
2,987,166.66
2,990,274.73
99.68 1.23%
2,990,274.73
0.00 29.86%
0.00 P-1 / A-1+
F-1+
0.27 0.27
912796N96 US Treasury Bill
1.38% Due 11/3/2022
3,000,000.00 05/27/2022
1.41%
2,982,060.00
2,985,625.00
99.52 1.41%
2,985,625.00
0.00 29.82%
0.00 P-1 / A-1+
F-1+
0.35 0.34
Total US Treasury 10,000,000.00 1.24%
9,956,976.66
9,967,447.23 1.24%
9,967,447.23
0.00 99.55%
0.00 P-1 / A-1+
F-1+
0.26 0.26
TOTAL PORTFOLIO 10,045,233.36 1.24%
10,002,210.02
10,012,680.59 1.24%
10,012,680.59
0.00 100.00%
0.00 Aaa / AAA
AAA
0.26 0.26
TOTAL MARKET VALUE PLUS ACCRUED 10,012,680.59
Execution Time: 7/4/2022 1:33:29 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 361
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Transaction Ledger
As of June 30, 2022
City of Moreno Valley Limited Strategy
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 06/01/2022 60934N104 2,210.02 Federated Investors Government Obligations Fund
1.000 0.65% 2,210.02 0.00 2,210.02 0.00
Subtotal 2,210.02 2,210.02 0.00 2,210.02 0.00
TOTAL ACQUISITIONS 2,210.02 2,210.02 0.00 2,210.02 0.00
OTHER TRANSACTIONS
Dividend 06/01/2022 60934N104 50,086,046.67 Federated Investors Government Obligations Fund
0.000 2,210.02 0.00 2,210.02 0.00
Subtotal 50,086,046.67 2,210.02 0.00 2,210.02 0.00
TOTAL OTHER TRANSACTIONS 50,086,046.67 2,210.02 0.00 2,210.02 0.00 Execution Time: 7/4/2022 1:33:29 AMChandler Asset Management - CONFIDENTIAL
A.11.a
Packet Pg. 362
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - Financial markets are experiencing heightened volatility and tighter conditions as central banks employ more restrictive monetary policies to combat persistent inflation. The conflict between Russia and Ukraine has exacerbated inflationary pressures, particularly with energy and commodities, and strict COVID lockdowns in China are intensifying distressed supply chains. While US inflation may have approached a peak, elevated levels will likely persist. Labor markets and consumer spending remain strong, but we believe the risk of an economic slowdown later this year has increased. While we expect the Fed to continue to tighten monetary policy, the Federal Open Market Committee (FOMC) has very little margin for error as it attempts to combat inflation without pushing the economy into a recession. Over the near term, we expect financial market volatility to remain intensified and conditions to remain tighter with persistent inflation, geopolitical risk, supply chain bottlenecks, and the Fed's shift to a more hawkish monetary policy.
As expected at the May meeting, the Federal Open Market Committee (FOMC) announced it would raise the federal funds rate by 0.50% to a range of 0.75% - 1.00% and begin shrinking its $9 trillion balance sheet starting June 1st. Federal Reserve Chair Powell indicated that a 75-basis point increase is not currently under consideration, and the Treasury yield curve steepened after the announcement. We are anticipating additional rate hikes by the Fed in the near term, but we believe that monetary policy is not on a pre-set course, and the timing and magnitude of rate hikes in the second half of this year will be dependent on how economic and geopolitical conditions continue to transpire.
In May, yields fell and the curve steepened. The 2-year Treasury yield declined 16 basis points to
2.56%, the 5-year Treasury yield fell 14 basis points to 2.82%, and the 10-year Treasury yield dropped 9 basis points to 2.85%. The spread between the 2-year and 10-year Treasury yield increased to 29 basis points at May month-end versus 22 basis points at April month-end but down from 145 basis points one year ago. While the flat yield curve bears watching over the longer run, the spread between 3-month and 10-year treasuries is still steep at about 179 basis points, which indicates likely economic growth in the coming year.
Market Summary
Treasury Yields Fell in May
BOND MARKET REVIEW
A Monthly Review of Fixed Income Markets
JUNE 2022
Chandler Asset Management | 800.317.4747 | chandlerasset.com | Page 1 TREASURY YIELDS Trend (▲/▼) 5/31/2022 4/29/2022 Change
3-Month ▲ 1.06 0.83 0.23
2-Year ▼ 2.56 2.72 -0.16
3-Year ▼ 2.73 2.89 -0.16
5-Year ▼ 2.82 2.96 -0.14
7-Year ▼ 2.87 2.98 -0.11
10-Year ▼ 2.85 2.94 -0.09
30-Year ▲ 3.05 3.00 0.05
Source: Bloomberg
At the end of May, the 2-year Treasury yield decreased to 2.56%, and the 10-Year Treasury yield fell to
2.85%. The spread between the 2-year Treasury yield and 10-year Treasury yield increased to 29 basis points at the end of May compared to the average historical 20-year spread (since 2002) of 130 basis points.
Market Data
World Stock Market Indices
data as of 5/31/2022
Change
(4/29/2022) %CHG
S&P 500
4,132.15 4,131.93 0.01%
NASDAQ
12,081.39 12,334.64 -2.05%
DOW JONES
32,990.12 32,977.21 0.04%
FTSE (UK)
7,607.66 7,544.55 0.84%
DAX (Germany)
14,388.35 14,097.88 2.06%
Hang Seng (Hong Kong)
21,415.20 21,089.39 1.54%
Nikkei (Japan)
27,279.80 28,246.53 -3.42%
Source: Bloomberg. Please see
descriptions of indices on Page 2.
Toll Free: 800.317.4747
[email protected]
chandlerasset.com
Source: Bloomberg
A.11.a
Packet Pg. 363
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - QUARTER ENDED JUNE 30, 2022) Economic Roundup
Consumer Prices
US inflation data was worse than expected in May, hitting a 40-year high with broad-based price increases for most goods and services. The consumer price index (CPI) increased 1.0% for the month of May and 8.6% from a year earlier with shelter, food, and gasoline as the largest contributors. The core CPI, which removes more volatile food and energy components, rose 0.6% in May and 6.0% from a year earlier. Persistent elevated levels of inflation are likely to keep the Federal Reserve (Fed) on the path of tightening monetary policy. The most recent inflation data suggests that the Fed is all but certain to hike the federal funds rate by 0.50% at its June 15, 2022 meeting.
Retail Sales
Retail sales rose in April, with signs that consumers are spending more on services. On a year-over-year basis, retail sales were up 8.2% in April versus up
6.9% in March. On a month-over-month basis, retail sales rose 0.9% from the 1.4% upwardly revised figure for March. Excluding vehicles and gas, retail sales were up just 0.6% month-over-month. The Consumer Confidence index fell to 106.4 in May from an upwardly revised 108.6 in April. U.S. consumer savings rates are declining, and the wealth effect is waning from recent financial market declines. Although the average consumer still has the capacity to spend from accumulated savings, higher wages, and credit lines, consumer balance sheets and discretionary spending decisions are increasingly pressured by elevated gas, food, and shelter costs.
Labor Market
The U.S. economy added 390,000 jobs in May, and job gains in April were revised upward from 428,000 to 436,000. Trends in employment remain strong, with the three-month moving average payrolls at 408,000 and the six-month moving average at 505,000. Hiring was led by leisure and hospitality, responsible for more than a quarter of payroll gains for the month, followed by professional and business services. The unemployment rate remained unchanged at 3.6%, and the U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part-time for economic reasons, was 7.1%. Average hourly earnings rose 5.2% year-over-year in May, easing from a 5.5% year-over-year gain in April, which may reflect the beginning of a deceleration in wage growth that could help ease broad cyclical price pressures. The labor participation rate ticked up to 62.3% from
62.2%, a possible sign that higher wages and number of available jobs are compelling enough to draw workers back into the labor force.
Housing Starts
Total housing starts declined slightly to 0.2% to an annual rate of 1,724,000 in April, from a revised 1,728,000 units in March. Single-family home starts fell by
7.3% and multi-family starts increased 15.3% month-over-month. On a year-over-year basis, total housing starts increased by 14.6%, driven by multi-family.
According to the Case-Shiller 20-City home price index, home prices were up 21.2% in March versus 20.3% year-over-year in February, setting another new record. While tight supply has continued to support prices, rising mortgage rates and affordability could be headwinds to further price growth.
Chandler Asset Management | Page 2
BOND MARKET REVIEW
©2022 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.
Data source: Bloomberg and the U.S. Department of Labor. This report is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as an indicator of future results.
Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest, credit, and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.
Supply and Demand Imbalances Continue to Impact Economic Data ECONOMIC INDICATOR Current Release Prior Release One Year Ago Trade Balance (87.08) $Bln APR 22 (107.65) $Bln MAR 22 (65.72) $Bln APR 21 Gross Domestic Product (1.50%) MAR 22 (1.50%) MAR 22 6.30% MAR 21 Unemployment Rate 3.60% MAY 22 3.60% APR 22 5.80% MAY 21 Prime Rate 4.00% MAY 22 3.50% APR 22 3.25% MAY 21
Commodity Research Bureau Index 316.54 MAY 22 308.27 APR 22 205.70 MAY 21 Oil (West Texas Int.) $114.67 MAY 22 $104.69 APR 22 $66.32 MAY 21 Consumer Price Index (y/o/y) 8.60% MAY 22 8.30% APR 22 5.00% MAY 21 Producer Price Index (y/o/y) 15.70% APR 22 15.40% MAR 22 9.70% APR 21 Euro/Dollar 1.07 MAY 22 1.05 APR 22 1.22 MAY 21
Source: Bloomberg
Credit Spreads were Unchanged in May
CREDIT SPREADS Spread to Treasuries (%) One Month Ago (%) Change 3-month top rated commercial paper 0.44 0.38 0.06
2-year A corporate note 0.41 0.37 0.04
5-year A corporate note 0.73 0.75 (0.02)
5-year Agency note 0.14 0.07 0.07
Source: Bloomberg Data as of 5/31/2022
Since 1988, Chandler
Asset Management
has specialized in
providing fixed
income investment
solutions to risk-averse
public agencies and
institutions. Chandler’s
mission is to provide
fully customizable,
client-centered portfolio
management that
preserves principal,
mitigates risk and
generates income in
our clients’ portfolios.
World Stock Market Index Descriptions
S&P 500– The S&P 500 is a market value-weighted index of 500 large-capitalization stocks. The 500 companies included in the index capture approximately 80% of available US market capitalization. NASDAQ–The NASDAQ Composite Index is the market capitalization-weighted index of over 3.300 common stocks listed on the NASDAQ stock exchange. Dow Jones–The Dow Jones Industrial Average is an index that tracks 30 large, publicly-owned companies trading on the New York Stock Exchange and the NASDAQ. The Financial Times Stock Exchange Group (FTSE)– The FTSE is a share index of the 100 companies listed on the London Stock Exchange with the highest market capitalization. DAX–The Deutscher Aktienindex (DAX) is a blue chip stock market index consisting of the 30 major German companies trading on the Frankfurt Stock Exchange. Hang Seng–The Hang Seng Index is a freefloat-adjusted market-capitalization- weighted stock market index in Hong Kong. It is used to record and monitor daily changes of the largest companies of the Hong Kong stock market and is the main indicator of overall market performance in Hong Kong. Nikkei–Japan's Nikkei 225 Stock Average is a price-weighted index composed of Japan's top 225 blue-chip companies traded on the Tokyo Stock Exchange.
A.11.a
Packet Pg. 364
Attachment: Investment Report - June 2022 (5722 : RECEIPT OF QUARTERLY INVESTMENT REPORT - QUARTER ENDED JUNE 30, 2022)
Report to City Council
ID#5704 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: September 6, 2022
TITLE: LIST OF PERSONNEL CHANGES
RECOMMENDED ACTION
Recommendation:
1. Ratify the list of personnel changes as described.
DISCUSSION
The attached list of personnel changes scheduled since the last City Council meeting is presented for City Council ratification.
Staffing of City positions ensures assignment of highly qualified and trained personnel to achieve Momentum MoVal priorities, objectives and initiatives.
FISCAL IMPACT
All position changes are consistent with appropriations previously approved by the City Council.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Vanessa Leccese Brian Mohan
Assistant to the City Manager Assistant City Manager Chief Financial Officer/City Treasurer
CITY COUNCIL GOALS
None
A.12
Packet Pg. 365
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. Personnel Changes
APPROVALS
Budget Officer Approval ✓ Approved . 8/30/22 11:41 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/30/22 11:43 AM A.12
Packet Pg. 366
City of Moreno Valley
Personnel Changes- 7/1/2022 to 8/31/2022
September 6, 2022
New Hires
Verenice Lazcano, Animal Services Assistant, Community Development, Animal Services
Alexander Salgado, Parks Maintenance Worker, Parks & Community Services, Parks Maintenance
Ayida Smith, Assistant Planner, Community Development, Planning Division
Dougal Bower, Street Maintenance Supervisor, Public Works, Maintenance & Operations Division
Marisa Parada, Senior Administrative Assistant, Community Development, Community Enhancement & Neighborhood Services
Degan Stengel, Maintenance Worker I, Public Works, Maintenance & Operations Division
Victoria Castreje, Administrative Assistant, City Clerk
Ramez Chalaby, Principal Accountant, Financial & Management Services, Financial Operations
Celeste Vasquez, Community Services Assistant Coordinator, Parks & Community Services , Recreation Services
Reyna Ve larde, Community Services Assistant Coordinator, Parks & Community Services , Recreation Services
Jason Gutierrez, Maintenance Worker I, Public Works, Maintenance & Operations Division
Desiree Massel, Senior Management Analyst, Economic Development, Administration Services
Promotions
Jeremy Beaver
From: Parks Maintenance Worker, Parks & Community Services, Parks Maintenance To: Lead Parks Maintenance Worker, Parks & Community Services, Parks Maintenance
Pamela Chaffin
From: Community Enhancement officer I , Community D evelopment, Community Enhancement & Neighborhood Services
To: Community Enhancement Officer II, Community Deve lopment, Community Enhancement & Neighborhood Services
Transfers
A.12.a
Packet Pg. 367
Attachment: Personnel Changes [Revision 1] (5704 : LIST OF PERSONNEL CHANGES) None
Separations
Denise Cooper-Torres, Animal Services License Inspector, Community Development, Animal Services
Isiah Escobar, Parks Maintenance Worker, Parks & Community Services, Parks Maintenance
Bianca Escoto, Senior Office Ass istant, Community Deve lopment, Community Enhancement & Neighborhood Services
Jose Salgado, Traffic Sign/Marking Tech II, Public Works, Transportation Engineering Division
Nicholas Thouas, Information Technology Technician , Financial & Man agement Se rvices, Technology Services
Bridgette Montgomery , Senior H uman Resources Analyst, Financial & Man agement Se rvices, Human Resources
Melissa Cortes, Senior Accountant, Financial & Management Services, Financial Operations
Sarah Lower, Senior Administrative Assistant, Financial & Management Services, Financial Administration
A.12.a
Packet Pg. 368
Attachment: Personnel Changes [Revision 1] (5704 : LIST OF PERSONNEL CHANGES)
Report to City Council
ID#5876 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: September 6, 2022
TITLE: PURSUANT TO LANDOWNER PETITIONS, ANNEX
CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2014 -01 (MAINTENANCE SERVICES) -
AMENDMENT NOS. 67 -72 (RESO. NOS. 2022 - __
THROUGH 2022-__)
RECOMMENDED ACTION
Recommendation:
1. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 67) (Rivard Road, LLC, located north of Rivard Rd., west of Perris Blvd.).
2. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering t he annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 68) (FPG-SUN MORENO VALLEY 66, located at the southwest corner of Perris Blvd. and Krameria Ave.)
3. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District A.13
Packet Pg. 369
(Amendment No. 69) (Michael William Delatorre, located north of Cactus along the north side of Bradshaw Circle).
4. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City o f Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 70) (KB Home Coastal Inc., located at the northwest corner of Ironwood Ave. and Lasselle St.).
5. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Commu nity Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 71) (KB Home Coastal Inc., located at the northwest corner of Bay Ave. and Moreno Beach Dr.).
6. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2022-__, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities Distri ct No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 72) (Inland Iris Partners, LLC, located at the south west corner of Iris Ave. and Perris Blvd.).
SUMMARY
Adoption of the resolutions will certify the annexation of thirteen parcels into Community Facilities District (CFD) No. 2014 -01 (Maintenance Services) (“District”). This action impacts only the property owner s identified below, not the general citizens or taxpayers of the City.
The City requires proper ty owners of new development projects to mitigate the cost of certain impacts created by the proposed development s (e.g., the cost of operation and maintenance of public street lighting, landscape, and/or streets and drainage ). The City created CFD No. 201 4-01 to provide the development community with a funding mechanism to assist in satisfying the requirement. After a property owner elects to annex their property into the District and the City Council approves the annexation, a special tax can be levied on the annual property tax bill of the annexed parcel s to fund the cost to provide the services.
The Property Owner s, as defined below, have elected to annex the parcel s of their project into the District to satisfy the condition. The Property Owner s submitted a Landowner Petition approving the annexation and the City Clerk confirmed the Petition is valid.
A.13
Packet Pg. 370
DISCUSSION
As a condition of approval for the development projects identified below, the Property Owners are required to provide an ongoing funding sou rce for certain public services (i.e., the operation and maintenance services of public street lighting, landscape, and/or streets and drainage ), which are required to be installed as part of the development project. The table below provides information for the properties under development.
Property Owners
Project
ACP Record #
Amendment
No. APN Location
Rivard Road, LLC
Industrial Business Park
SCP22-0031
67 316-190-024 North of Rivard Rd., west of
Perris Blvd.
FPG-SUN MORENO VALLEY 66
66 Single-Family Homes
SCP22-0024
68 316-110-005, 316-110-006,
316-110-022, 316-110-023,
and 316-110-024
Southwest corner of Perris
Blvd. and Krameria Ave.
Michael William Delatorre
6 Single-Family Homes
SCP22-0042
69 478-090-019 North of Cactus along the north
side of Bradshaw Circle
KB Home Coastal Inc.
104 Single-Family Homes
SCP22-0052
70 474-200-014, 474-200-025 Northwest corner of Ironwood Ave. and Lasselle St.
KB Home Coastal Inc.
78 Single-Family Homes
SCP22-0050
71 488-200-025 Northwest corner of Bay Ave
and Moreno Beach Dr.
Inland Iris Partners, LLC
Commercial Center
SCP22-0025
72 316-030-023, 316-030-024,
316-030-025
Southwest corner of Iris Ave.
and Perris Blvd.
The City Council formed CFD No. 2014-01 (Maintenance Services) to provide an alternative funding tool for the development community. It provides a mechanism to fund the operation and maintenance of public street lighting services, landscaping, and streets and drainage . After a landowner approves annexation of their property into the District and the City Council approves the annexation, the City is authorized to levy a special tax onto the annual property tax bill to fund the services related to or impacted by their development.
The Third Amended and Restated Rate and Method of Apportionment of Special Tax (“RMA”) for the District describes the different special tax rate areas, services provided, and formula to calculate the special tax rate for each of the tax rate areas. Several special tax rate areas were created to accommodate a variety o f scenarios to ensure costs are fairly shared between property owners. For example, there is a tax rate area for “single-family residential street lighting” and one for “street lighting for property other than single -family residential” (e.g., commercial, industrial, or multi -family projects).
Different tax rate areas are needed for street lighting because the spacing and size/type of lights differ based on the type of development. Likewise, there are several tax rate A.13
Packet Pg. 371
areas for maintenance of public landsca ping (i.e. medians, parkways, and/or traffic circles). A property owner’s proportionate share of landscape maintenance costs will vary depending upon the total square footage of landscaping to be maintained and the number of properties sharing in the cost for that development. There is also a tax rate area for streets and drainage within single -family residential projects, which is calculated based on each parcel’s proportionate share of the improvements.
On April 20, 2021, the City Council adopted Ordina nce No. 980, which designated the entire territory of the City as a future annexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner provides u nanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.
With the establishment of the District, a property owner now has two options to satisfy the conditions of approval:
1. Submit a Landowner P etition unanimously approving annexation of the property into the District. Approval of the petition and special tax rate allows the City to annually levy the special tax on the property tax bill of the property. This option is only available if there are fewer than 12 registered voters living within the proposed annexation area; or
2. Establish a homeowner or property owner association to provide the ongoing operation and maintenance of the improvements.
The Property Owner s elected to annex their property into CFD No. 2014 -01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed there were no registered voters residing at the property, allowing a special election of the landowner. Adoption of the attached resolution s (Attachments 1-6) amends the District and adds the properties to the tax rate area identified in the Fiscal Impact section of this report and directs the recordation of the boundary map s (Attachments 7-12) and amended n otice of special tax lien for the amendments. The City Clerk received and reviewed the Landowner Petition s and confirmed the Property Owner s unanimously approved the annexation of their property into the District (Attachments 13-18).
Successful completio n of the annexation process satisfies the project’s condition of approval to provide a funding source for the operation and maintenance of public street lighting and/or streets and drainage.
ALTERNATIVES
1. Adopt the resolution s. Staff recommends this alter native as it will annex the properties into CFD No. 2014 -01 at the request of the Property Owners and satisfy the condition of approval for the proposed developments.
A.13
Packet Pg. 372
2. Do not adopt the resolutions. Staff does not recommend this alternative as it is contrar y to the request of the Property Owner s, will not satisfy the condition of approval, and may delay development of the projects.
3. Do not adopt the resolution s but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this alternative as it will delay the Property Owner s from satisfying the condition of approval and may delay development of the projects.
FISCAL IMPACT
Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters) have previously provided approval. The maximum special tax r ates for the tax rate area s are detailed below. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all the properties within the affected tax rate area.
Property Owners
Project
ACP Record #
Amendment
No.
Tax Rate Area
FY 2022/23
Maximum Special Tax Rate1
Rivard Road, LLC
Industrial Business
Park
SCP22-0031
67 SL-02 $4.82/front linear foot
FPG-SUN MORENO
VALLEY 66
66 Single-Family Homes
SCP22-0024
68 SL-01B $93.00/parcel
LM-01B $63.78/parcel
SD-01
$959.12/parcel
plus
$2.66/proportional curb foot
Michael William
Delatorre
6 Single-Family Homes
SCP22-0042
69 SL-01B $93.00/parcel
SD-01
$959.12/parcel
plus
$2.66/proportional curb foot
KB Home Coastal Inc.
104 Single-Family
Homes
SCP22-0052
70 SL-01A $295.94/parcel
LM-01 Parcel charge to be determined at the time of Landscape Plan approval
SD-01
$959.12/parcel
plus
$2.66/proportional curb foot
KB Home Coastal Inc.
80 Single-Family Homes
SCP22-0050
71 SL-01A $295.94/parcel
LM-01 Parcel charge to be determined at the time of Landscape Plan approval
A.13
Packet Pg. 373
Property Owners
Project
ACP Record #
Amendment
No.
Tax Rate Area
FY 2022/23
Maximum Special Tax Rate1
Inland Iris Partners, LLC
Commercial Center
SCP22-0025
72 LM-02A $16.36/proportional front foot
1The special tax applied to the property tax bill will be based on the needs of the tax rate area within the District.
The applied special tax rate cannot exceed the maximum special tax rate.
The FY 2022/2 3 applied rate for SL -01A (Street Lighting for Single -Family Residential Properties, Perimeter and Interior Street Lighting) is $31.50/parcel.
The FY 2022/23 applied rate for SL -01B (Street Lighting for Single-Family Residential Properties, Perimeter Street Lighting Only) is $6.76/parcel.
The FY 2022/23 applied rate for SL -02 (Street Lighting for Property Other than Single -Family Residential) is $0.55/front linear foot
The FY 2022/23 applied rate for LM-01B (Single-Family Residential Landscaping) is $0.00/parcel.
The FY 2022/23 applied rate for L M-02A (Landscaping for Property Other than Single Family Residential , Median(s) other than Median(s) Shared) is $9.26/proportional front foot.
The FY 2022/23 applied rate for SD -01 (Street Maintenance and Drain age) is $9 59.12/parcel plus $0.00/ proportional curb foot.
The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater.
However, the annual ad justment cannot be applied unless the City Council annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate area.
NOTIFICATION
The Landowner Petitions were e-mailed to the Property Owner s the first week of August. A copy of the RMA was included with each Landowner Petition as Exhibit B.
PREPARATION OF STAFF REPORT
Prepared by: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base an d fiscal policies to support essential City services, regardless of economic climate.
A.13
Packet Pg. 374
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
Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.
Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape 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. Resolution Ordering Annexation - Amendment No. 67
2. Resolution Ordering Annexation - Amendment No. 68
3. Resolution Ordering Annexation - Amendment No. 69
4. Resolution Ordering Annexation - Amendment No. 70
5. Resolution Ordering Annexation - Amendment No. 71
6. Resolution Ordering Annexation - Amendment No. 72
7. Boundary Map - Amendment No. 67
8. Boundary Map - Amendment No. 68
9. Boundary Map - Amendment No. 69
10. Boundary Map - Amendment No. 70
11. Boundary Map - Amendment No. 71
12. Boundary Map - Amendment No. 72
13. Certificate of Election Official - Amendment No. 67
14. Certificate of Election Official - Amendment No. 68
15. Certificate of Election Official - Amendment No. 69 A.13
Packet Pg. 375
16. Certificate of Election Official - Amendment No. 70
17. Certificate of Election Official - Amendment No. 71
18. Certificate of Election Official - Amendment No. 72
APPROVALS
Budget Officer Approval ✓ Approved . 8/28/22 3:55 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 8:55 AM A.13
Packet Pg. 376
1 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficien tly annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) “Amendment No. 67 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcel to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
A.13.a
Packet Pg. 377
Attachment: Resolution Ordering Annexation - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
2 Resolution No. 2022-___
Date Adopted: September 6, 2022
2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect. The Annexation Parcel is subject to the Special Tax associated with the Tax Rate Area indicated on Exhibit A to this Resolution.
3. Description of Services. The follow ing is a general description of all services (the “Services”) provided in the CFD:
A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right - of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shrubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to eq uipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City di rectly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and overhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and maintaining streets. Drainage improve ments include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.
The Annexation Parcel will only be provided with the services indicated on Exhibit A.
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 City Council directs that said map be filed with the Riverside County Recorder A.13.a
Packet Pg. 378
Attachment: Resolution Ordering Annexation - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
3 Resolution No. 2022-___
Date Adopted: September 6, 2022
pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The City Council 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 associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be re ndered 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.
9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
APPROVED AND ADOPTED this 6th day of September 2022.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.13.a
Packet Pg. 379
Attachment: Resolution Ordering Annexation - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
4 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.13.a
Packet Pg. 380
Attachment: Resolution Ordering Annexation - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
5 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT A
Boundary Map
Amendment No.
Assessor's
Parcel Numbers Services
Tax Rate Area
& Maintenance
Category
316-190-024
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the MaintenanceCategory listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.
The parcels associated with a given developmentconstitute a separate AnnexationGroup for purpose of calculating the applicable MaintenanceCategory (where applicable) for each Tax Rate Area. The anticipated MaintenanceCategory (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.
Street Lighting SL-02Amendment No. 67
A.13.a
Packet Pg. 381
Attachment: Resolution Ordering Annexation - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
6 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT B
A.13.a
Packet Pg. 382
Attachment: Resolution Ordering Annexation - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 1 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficien tly annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcels (the “ Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 68 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcels to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
A.13.b
Packet Pg. 383
Attachment: Resolution Ordering Annexation - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 2 Resolution No. 2022-___
Date Adopted: September 6, 2022
2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect. The Annexation Parcels are subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.
3. D escription of Services. The following is a general description of all services (the “Services”) provided in the CFD:
A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right - of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shr ubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and ove rhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and ma intaining streets. Drainage improvements include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.
The Annexation Parcels will only be provided with the services indicated on Exhibit A.
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 City Council directs that said map be filed with the Riverside County Recorder A.13.b
Packet Pg. 384
Attachment: Resolution Ordering Annexation - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 3 Resolution No. 2022-___
Date Adopted: September 6, 2022
pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The City Council 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 Parcels associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resol ution 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.
9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
APPROVED AND ADOPTED this 6th day of September 2022.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.13.b
Packet Pg. 385
Attachment: Resolution Ordering Annexation - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 4 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.13.b
Packet Pg. 386
Attachment: Resolution Ordering Annexation - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 5 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT A
Boundary Map
Amendment No.
Assessor's
Parcel Numbers Services
Tax Rate Area
& Maintenance
Category
316-110-005
316-110-006
316-110-022
316-110-023
316-110-024
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the MaintenanceCategory listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.
The parcels associated with a given developmentconstitute a separate AnnexationGroup for purpose of calculating the applicable MaintenanceCategory (where applicable) for each Tax Rate Area. The anticipated MaintenanceCategory (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.
Street Lighting SL-01B
Landscape Maintenance LM-01(B)Amendment No. 68
Street Maintenance and
Drainage SD-01
A.13.b
Packet Pg. 387
Attachment: Resolution Ordering Annexation - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 6 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT B
A.13.b
Packet Pg. 388
Attachment: Resolution Ordering Annexation - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 1 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficien tly annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) “Amendment No. 69 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcel to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
A.13.c
Packet Pg. 389
Attachment: Resolution Ordering Annexation - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 2 Resolution No. 2022-___
Date Adopted: September 6, 2022
2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect. The Annexation Parcel is subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.
3. Description of Services. The following is a general description of all services (the “Services”) provided in the CFD:
A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right - of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental l ighting, drainage, turf, ground cover, shrubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle c osts associated with the repair and replacement of facilities.
B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and overhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and maintaining streets. Drainage improvements include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii ) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.
The Annexation Parcel will only be provided with the services indicated on Exhibit A.
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 City Council directs that said map be filed with the Riverside County Recorder A.13.c
Packet Pg. 390
Attachment: Resolution Ordering Annexation - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 3 Resolution No. 2022-___
Date Adopted: September 6, 2022
pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The City Council 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 associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolutio n 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.
9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
APPROVED AND ADOPTED this 6th day of September 2022.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.13.c
Packet Pg. 391
Attachment: Resolution Ordering Annexation - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 4 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.13.c
Packet Pg. 392
Attachment: Resolution Ordering Annexation - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 5 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT A
Boundary Map
Amendment No.
Assessor's
Parcel Numbers Services
Tax Rate Area
& Maintenance
Category
478-090-019
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the MaintenanceCategory listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.
The parcels associated with a given developmentconstitute a separate AnnexationGroup for purpose of calculating the applicable MaintenanceCategory (where applicable) for each Tax Rate Area. The anticipated MaintenanceCategory (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.
Street Lighting SL-01B
Street Maintenance and
Drainage SD-01
Amendment No. 69
A.13.c
Packet Pg. 393
Attachment: Resolution Ordering Annexation - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 6 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT B
A.13.c
Packet Pg. 394
Attachment: Resolution Ordering Annexation - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
1 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficien tly annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcels (the “ Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 70 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcels to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
A.13.d
Packet Pg. 395
Attachment: Resolution Ordering Annexation - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
2 Resolution No. 2022-___
Date Adopted: September 6, 2022
2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect. The Annexation Parcels are subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.
3. Description of Services. The following is a general description of all services (the “Services”) provided in the CFD:
A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right - of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shr ubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and ove rhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and ma intaining streets. Drainage improvements include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.
The Annexation Parcels will only be provided with the services indicated on Exhibit A.
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 City Council directs that said map be filed with the Riverside County Recorder A.13.d
Packet Pg. 396
Attachment: Resolution Ordering Annexation - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
3 Resolution No. 2022-___
Date Adopted: September 6, 2022
pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The City Council 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 Parcels associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Re solution 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.
9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
APPROVED AND ADOPTED this 6th day of September 2022.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.13.d
Packet Pg. 397
Attachment: Resolution Ordering Annexation - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
4 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.13.d
Packet Pg. 398
Attachment: Resolution Ordering Annexation - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
5 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT A
Boundary Map
Amendment No.
Assessor's
Parcel Numbers Services
Tax Rate Area
& Maintenance
Category
474-200-014
474-200-025
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the MaintenanceCategory listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.
The parcels associated with a given developmentconstitute a separate AnnexationGroup for purpose of calculating the applicable MaintenanceCategory (where applicable) for each Tax Rate Area. The anticipated MaintenanceCategory (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.
Street Lighting SL-01A
Street Maintenance and
Drainage SD-01
Amendment No. 70
A.13.d
Packet Pg. 399
Attachment: Resolution Ordering Annexation - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
6 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT B
A.13.d
Packet Pg. 400
Attachment: Resolution Ordering Annexation - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 1 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficien tly annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) “Amendment No. 71 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcel to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
A.13.e
Packet Pg. 401
Attachment: Resolution Ordering Annexation - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 2 Resolution No. 2022-___
Date Adopted: September 6, 2022
2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect. The Annexation Parcel is subject to the Special Tax associated with the Tax Rate Areas indicated on Exhibit A to this Resolution.
3. Description of Services. The follo wing is a general description of all services (the “Services”) provided in the CFD:
A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right- of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shrubs, vines and tre es, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expen ses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and overhead costs associ ated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and maintaining streets. Drainage improvements include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.
The Annexation Parcel will only be provided with the services indicated on Exhibit A.
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 City Council directs that said map be filed with the Riverside County Recorder A.13.e
Packet Pg. 402
Attachment: Resolution Ordering Annexation - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 3 Resolution No. 2022-___
Date Adopted: September 6, 2022
pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The City Council 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 associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resol ution 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.
9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
APPROVED AND ADOPTED this 6th day of September 2022.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.13.e
Packet Pg. 403
Attachment: Resolution Ordering Annexation - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 4 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.13.e
Packet Pg. 404
Attachment: Resolution Ordering Annexation - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 5 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT A
Boundary Map
Amendment No.
Assessor's
Parcel Numbers Services
Tax Rate Area
& Maintenance
Category
488-200-025
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the MaintenanceCategory listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.
The parcels associated with a given developmentconstitute a separate AnnexationGroup for purpose of calculating the applicable MaintenanceCategory (where applicable) for each Tax Rate Area. The anticipated MaintenanceCategory (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.
Street Lighting SL-01A
Landscape Maintenance LM-01
Amendment No. 71
A.13.e
Packet Pg. 405
Attachment: Resolution Ordering Annexation - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS 6 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT B
A.13.e
Packet Pg. 406
Attachment: Resolution Ordering Annexation - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
1 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ORDERING THE
ANNEXATION OF TERRITOR Y TO CITY OF MORENO
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014 -01
(MAINTENANCE SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014 -25, the City Council established the City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services) (the “CFD”), a citywide district, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. 874, the City Council authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund street lighting services and landscape maintenance services ; and
WHEREAS, by its Ordinance No. 980, the City Council authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD to fund Drainage and Street Maintenance Services; and
WHEREAS, in order to permit landowners to efficien tly annex developing parcels to the CFD, the City Council, by its Ordinance No. 980 designated the entire territory of the City as a future annexation area for the CFD and approved the third amended and restated rate and method of apportionment for the Special Tax; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the City a petition requesting and approving annexation of the listed parcels (the “ Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on the boundary map (the “Boundary Map”) “Amendment No. 72 to Boundaries of City of Moreno Valley Community Facilities District No. 2014-01 (Maintenance Services), City of Moreno Valley, County of Riverside, State of California ” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and WHEREAS, the City Council desires to annex the Annexation Parcels to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
A.13.f
Packet Pg. 407
Attachment: Resolution Ordering Annexation - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
2 Resolution No. 2022-___
Date Adopted: September 6, 2022
2. Annexation Approved. The Annexation Parcels are hereby added to and part of the CFD with full legal effect. The Annexation Parcels are subject to the Special Tax associated with the Tax Rate Area indicated on Exhibit A to this Resolution.
3. D escription of Services. The following is a general description of all services (the “Services”) provided in the CFD:
A. Landscape Maintenance Services: Maintaining, servicing, and operating landscape improvements and associated appurtenances located within the public right - of-way and within dedicated landscape easements for the CFD. These improvements may include but are not limited to parkways, medians, open space landscaping, fencing, monuments, ornamental lighting, drainage, turf, ground cover, shr ubs, vines and trees, irrigation systems, and appurtenant facilities and structures. Fundable costs may include, but are not limited to: (i) contracting costs for landscape maintenance services, including litter removal, (ii) salaries and benefits of City staff, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
B. Street Lighting Services: Maintaining, servicing, and operating street lights and appurtenant improvements. Fundable costs may include, but are not limited to: (i) contracting costs for street light maintenance, (ii) salaries and benefits of City staff, if the City directly provides street light maintenance services, (iii) utility expenses and the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) City administrative and ove rhead costs associated with providing such services for the CFD, and (v) lifecycle costs associated with the repair and replacement of facilities.
C. Drainage and Street Maintenance Services: Maintaining, servicing, and operating drainage improvements and ma intaining streets. Drainage improvements include public improvements and appurtenance (and associated easements) that are designed or used to capture, retain, detain, remove, transport, or treat surface water and storm water runoff. Fundable costs may include, but are not limited to: (i) contracting costs for street and drainage maintenance services, including litter removal, (ii) salaries and benefits of City staff if the City directly provides these services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) City administrative and overhead costs associated with providing such services within the CFD, and (v) lifecycle costs associated with the repair and replacement of streets and drainage improvements.
The Annexation Parcels will only be provided with the services indicated on Exhibit A.
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 City Council directs that said map be filed with the Riverside County Recorder A.13.f
Packet Pg. 408
Attachment: Resolution Ordering Annexation - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
3 Resolution No. 2022-___
Date Adopted: September 6, 2022
pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The City Council 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 Parcels associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
8. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Re solution 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.
9. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
APPROVED AND ADOPTED this 6th day of September 2022.
____________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.13.f
Packet Pg. 409
Attachment: Resolution Ordering Annexation - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
4 Resolution No. 2022-___
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.13.f
Packet Pg. 410
Attachment: Resolution Ordering Annexation - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
5 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT A
Boundary Map
Amendment No.
Assessor's
Parcel Numbers Services
Tax Rate Area
& Maintenance
Category
316-030-023
316-030-024
316-030-025
List of Annexation Parcel(s)
Based on current development plans, it is anticipated that the Annexation Group will be in the MaintenanceCategory listed above; however all taxes will be calculated as set forth in the Rate and Method of Apportionment.
The parcels associated with a given developmentconstitute a separate AnnexationGroup for purpose of calculating the applicable MaintenanceCategory (where applicable) for each Tax Rate Area. The anticipated MaintenanceCategory (where applicable) is shown in parenthesis following the Tax Rate Area. All capitalized terms in this paragraph have the meanings set forth in the Rate and Method of Apportionment.
Landscape Maintenance LM-02AAmendment No. 72
A.13.f
Packet Pg. 411
Attachment: Resolution Ordering Annexation - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
6 Resolution No. 2022-___
Date Adopted: September 6, 2022
EXHIBIT B
A.13.f
Packet Pg. 412
Attachment: Resolution Ordering Annexation - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
INDIAN ST
PERRIS BLVDSAN CELESTE RD
INDIAN STPERRIS BLVDSAN CELESTE RD
A.13.g
Packet Pg. 413
Attachment: Boundary Map - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX
PERRIS BLVDGREENFIELD ST
PERRIS BLVDSADDLEBROOK LNKITCHING STINDIAN STINDIAN STKITCHING STPERRIS BLVDEMMA LNSADDLEBROOK LNCOSMOS STTARANO LN A.13.h
Packet Pg. 414
Attachment: Boundary Map - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX
ARBORGLENN DRBEGONIA LN
A.13.i
Packet Pg. 415
Attachment: Boundary Map - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX
KITCHING ST
LASSELLE STKAYAL AVETUSCOLA ST
ELAHL CTKITCHING STKAYAL AVEMATHEWS RD
A.13.j
Packet Pg. 416
Attachment: Boundary Map - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX
BETHANY RD
QUINCY STNASON STNICHOLAS WAY
A.13.k
Packet Pg. 417
Attachment: Boundary Map - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX
PERRIS BLVDEMMA LNINDIAN STINDIAN STEMMA LNPERRIS BLVDWEDOW DRNIPPET LNEBONY AVEBLUECHIP CIRSPACE DR A.13.l
Packet Pg. 418
Attachment: Boundary Map - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX A.13.m
Packet Pg. 419
Attachment: Certificate of Election Official - Amendment No. 67 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS A.13.n
Packet Pg. 420
Attachment: Certificate of Election Official - Amendment No. 68 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS A.13.o
Packet Pg. 421
Attachment: Certificate of Election Official - Amendment No. 69 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS A.13.p
Packet Pg. 422
Attachment: Certificate of Election Official - Amendment No. 70 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS A.13.q
Packet Pg. 423
Attachment: Certificate of Election Official - Amendment No. 71 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS A.13.r
Packet Pg. 424
Attachment: Certificate of Election Official - Amendment No. 72 (5876 : PURSUANT TO LANDOWNER PETITION, ANNEX CERTAIN PARCELS
Report to City Council
ID#5906 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: September 6, 2022
TITLE: ADOPT A RESOLUTION TO APPROVE A JOINT
COMMUNITY FACILITIES AGREEMENT BY AND AMONG
MORENO VALLEY UNIFIED SCHOOL DISTRICT, THE
CITY OF MORENO VALL EY, AND KB HOME COASTAL
INC RELATING TO MORENO VALLEY UNIFIED SCHOOL
DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2022 -
1 (RESO. NO. 2022-XX)
RECOMMENDED ACTION
Recommendation:
Adopt Resolution No. 2022-xx, a Resolution Approving the Joint Community Facil ities Agreement between the Moreno Valley Unified School District, City of Moreno Valley and KB Home Coastal Inc , in substantially the form attached hereto with modifications subject t o City Attorney approval , and authorize the City M anager to execute the Agreement and related documents.
SUMMARY
This report recommends adopting a Resolution , which approves a Joint Community Facilities Agreement (JCFA) (Attachment 1). The JCFA is for the Moreno Valley Unified School District (MVUSD) Community Facilities District (CFD) 2022-1 and is between the City, MVUSD and KB Home Coastal Inc. (“Developer”). This action will provide the Developer with a financing option for the construction of City public infrastructure improvements and the payment of the City’s Development Impact Fees (City Facilities) with bonds issued by MVUSD, acting as the legislative body of CFD 2022-1.
Acting on behalf of the CFD , MVUSD is responsible for formation and annual administration activities related to the District. The City is not a party to or liable for CFD 2022-1 or the debt issued by MVUSD. The City’s role is limited to agreeing to allow the A.14
Packet Pg. 425
financing of certain City Facilities with bond proceeds and managing the activities related to implementation of the JCFA and compliance with its terms.
DISCUSSION
The Developer plans to construct 104 single-family residential lots as part of Tract 33436. T ract 33436 is located north of Lasselle Street, east of Ironwood Ave. The Developer plans to construct 78 single-family residential lots as p art of Tract 32408.
Tract 32408 is located north of Bay Ave., east of Bethany Road. Boundary maps are included as Attachment 3. As part of the project’s development requirements, the Developer is required to construct certain public infrastructure improvem ents and pay certain fees.
At the request of the Developer and p ursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), the MVUSD is forming CFD 202 2-1, which includes those parcels of Tract 33436 and Tract 32408 . Formation of the CFD all ows the Developer to finance certain public infrastructure improvements and fees with the issuance of tax- exempt bonds. Tax-exempt bonds typically have lower interest rates than the rates associated with conventional financing methods and therefore, are a preferred financing method of the development community.
The Act requires approval of a JCFA if the financed improvements will be owned and operated by an agency (i.e. City) other than the agency forming the CFD. Exhibit C of the JCFA (Attachment 2) identifies the types of City Improvements and Development Impact Fees (City Facilities) that can be financed through the CFD. The JCFA requires the public improvements be constructed as if the City were constructing the improvements (e.g., subject to public bi dding, prevailing wage, City insurance requirements, etc.) and as such, requires oversight by the City to ensure compliance. Costs associated with the City oversight will be the responsibility of the Developer.
The future bonds will be issued by MVUSD and secured by a special tax, which will be levied on the property tax bill of the properties included within the CFD for the term of the bonds (typically 25 -30 years). With the special tax, t he property tax rate of properties within the CFD is projected to b e an average of 1.98% for Tract 33436 and
1.97% for Tract 32408 of the property value at the time the ho mes are originally sold .
The average property tax rate for other new home developments within the City ranges from 1.95%-2.00%.
The City’s Special Dis trict Financing Policy (“Policy”) limits the property tax rate to
1.75% when the City, acting as the legislative body of a district, issues the bonds.
However, the Policy is silent on the property tax rate when the City is not the legislative body of a CFD but rather a party to a JCFA.
As the legislative body of the CFD, MVUSD will be responsible for formation of the CFD, bond issuance and compliance, annual administration, levy of the special tax levy on the property tax roll of those parcels in the CFD , and responding to customer inquiries .
A.14
Packet Pg. 426
The City will have no responsibility for the CFD other than to ensure City Facilities paid with bond proceeds are used in compliance with the JCFA and the Act.
This action meets the Strategic Plan Priorities by prov iding the financial resources to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life.
ALTERNATIVES
1. Adopt t he Resolution and related actions as recommended herein . Staff recommends this alternative to facilitate development of the property.
2. Do not adopt the Resolution . Staff does not recommend this alternative since it will not facilitate development of the property.
FISCAL IMPACT
There is no fiscal impact to the City . City c osts associated with preparation of the staff report and review of the JCFA are being funded by the Developer. The Developer will also pay an administration fee at the time of payment of the financed City Facilities to cover expenses related to administration of and compliance with the terms of the JCFA.
The City is not party to nor liable for the formation or administration of the CFD or any bond issuance related to the CFD.
NOTIFICATION
Posting of the agenda
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager Chief Financial Officer/City Treasurer
CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City po licies, objectives, and goals to appropriate external governments, agencies and corporations.
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
CITY COUNCIL STRATEGIC PRIORITIES
A.14
Packet Pg. 427
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution Approving JCFA
2. Boundary Map
APPROVALS
Budget Officer Approval ✓ Approved . 8/29/22 1:33 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/30/22 10:44 AM A.14
Packet Pg. 428
1 Resolution No. 2022-____
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY APPROVING A JOINT COMMUNITY
FACILITIES AGREEMENT WITH MORENO VALLEY
UNIFIED SCHOOL DISTRICT FOR MORENO VALLEY
UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES
DISTRICT NO. 2022-1 (KB HOME COASTAL INC)
WHEREAS, the Governing Board of Moreno Valley Unified School District (the “School District”) is forming Moreno Valley Unified School District Community Facilities District No. 2022-1 ( KB Home Coastal Inc ) (the “CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”) for the primary purpose of financing school facilities; and
WHEREAS, pursuant to Section 53316.2 of the Act, a community facilities district is authorized to finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement; and
WHEREAS, the Governing Board of the School District and KB Home Coastal Inc, a California corporation (the “Property Owner”), the owner of the taxable property within the CFD, are considering the use of the CFD to finance various public facilities that will be constructed by the Property Owner and/or City and owned and operated by the City of Moreno Valley (the “City”) and have requested the City to enter into a joint community facilities agreement that would permit the CFD to finance such facilities and payment of certain Development Impact Fees , the form of which is on file with the Secretary of this City Council and which is attached hereto as Exhibit A and incorporated herein by this reference (the “Joint Community Facilities Agreement”);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
2. Joint Community Facilities Agreement Approved. Pursuant to Section 53316.2 of the Act, this City Council hereby approves the Joint Community Facilities Agreement substantially in the form as Exhibit A and on file with the City Clerk and determines that the Joint Community Facilities Agreement will be beneficial to the residents of the territory included within the jurisdictional boundaries of the CFD.
The City Manager or the Mayor and the City Clerk are hereby authorized and directed to execute and delive r the Joint Community Facilities Agreement in said form with such changes, insertions and omissions as may be approved by the A.14.a
Packet Pg. 429
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES 2 Resolution No. 2022-____
Date Adopted: September 6, 2022
officer or officers executing such agreement, said execution and delivery being conclusive evidence of such approval.
3. This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED this 6th day of September 2022.
Mayor of the City of Moreno Valley
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
A.14.a
Packet Pg. 430
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES 3 Resolution No. 2022-____
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting held on the 6th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.14.a
Packet Pg. 431
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-1
EXHIBIT "A"
A.14.a
Packet Pg. 432
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-2
A.14.a
Packet Pg. 433
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-3
A.14.a
Packet Pg. 434
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-4
A.14.a
Packet Pg. 435
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-5
A.14.a
Packet Pg. 436
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-6
A.14.a
Packet Pg. 437
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-7
A.14.a
Packet Pg. 438
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-8
A.14.a
Packet Pg. 439
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-9
A.14.a
Packet Pg. 440
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-10
A.14.a
Packet Pg. 441
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-11
A.14.a
Packet Pg. 442
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-12
A.14.a
Packet Pg. 443
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-13
A.14.a
Packet Pg. 444
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-14
A.14.a
Packet Pg. 445
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-15
A.14.a
Packet Pg. 446
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-16
A.14.a
Packet Pg. 447
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-17
A.14.a
Packet Pg. 448
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-18
A.14.a
Packet Pg. 449
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-19
A.14.a
Packet Pg. 450
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-20
A.14.a
Packet Pg. 451
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-21
A.14.a
Packet Pg. 452
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-22
A.14.a
Packet Pg. 453
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-23
A.14.a
Packet Pg. 454
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES
A-24
A.14.a
Packet Pg. 455
Attachment: Resolution Approving JCFA [Revision 1] (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES A.14.b
Packet Pg. 456
Attachment: Boundary Map (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES AGREEMENT BY AND AMONG A.14.b
Packet Pg. 457
Attachment: Boundary Map (5906 : ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES AGREEMENT BY AND AMONG
Report to City Council
ID#5913 Page 1
TO: Mayor and City Council
FROM: Jesse Park, Fire Chief
AGENDA DATE: September 6, 2022
TITLE: SB 1205 FY 2021/2022 STATE MANDATED INSPECTIONS
RECOMMENDED ACTION
Recommendation:
1. Approve Resolution No. 2022 -XX, acknowledging the receive and file rep ort submitted by the Moreno Valley Fire Department Fire Chief, regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13145, 13146 and 17921 of the California Health and Safety Code.
SUMMARY
Senate Bill (SB) 1205 was approved on September 27, 2018, requiring the Fire Department to provide an annual r eport to the City Council regarding the completion of State-Mandated Annual Inspections per California Health and Safety Codes 13146.2 and 13146.3.
In accordance with California Health and Safety Codes 13145, 13146, and 17921, the Moreno Valley Fire Department, inspects all state -mandated structures, each year, for compliance with fire and life safety standards, as well as other regulations, as set forth by the State Fire Marshal. These state -mandated structures include apartments, hotels, lodging homes, motels, public or private schools, and certain residential care facilities annually.
DISCUSSION
The California Health and Safety Codes 13145, 1 3146, and 17921 mandate City and County Fire Departments, to enforce fire and life safety standards, adopted by the State Fire Marshal. Since 2010, the City of Moreno Valley has seen the benefits of an annual, A.15
Packet Pg. 458
comprehensive inspection program, as well as a n increased level of safety, at these types of facilities.
In accordance with the City of Moreno Valley’s adopted fee schedule, inspection fees are charged as set forth, by the California Health and Safety Codes 13146.2 and 13146.3. The Moreno Valley Fir e Department inspects various buildings, identified as state-mandated structures, consisting of apartments, hotels, lodging homes, motels, public or private schools, and certain residential care facilities for compliance with fire and life safety standards.
The Moreno Valley Fire Department ensures compliance of these facilities, by scheduling inspections with property managers and/or owners, during each facility’s assigned inspection month. The Moreno Valley Fire Department is mandated by the state of Ca lifornia to complete inspections at 344 facilities and/or complexes for FY 2021/2022; 100% of which have been completed. The 344 inspected facilities and/or complexes equates to a total of 1,137 individual buildings inspected required per SB 1205 annual in spections for FY 2021/2022. A copy of the SB 1205 Annual Report is attached to Resolution No. 2022-XX as Exhibit A.
ALTERNATIVES
1. Approve Resolution No. 2022 -XX, acknowledging the receive and file report submitted by the Moreno Valley Fire Department Fire Chief, regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13145, 13146 and 17921 of the California Health and Safety Code . Staff recommends this alternative in order to complete the process as mandated by SB 1205.
2. Do Not Approve Resolution No. 2022 -XX, acknowledging the receive and file report submitted by the Moreno Valley Fire Department Fire Chief, regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13145, 13146 and 17921 of the California Health and Safety Code. Staff does not recommend this alternative as not approving the Resolution does not allow for the completion of the process mandated by SB 1205.
FISCAL IMPACT
There is no cost to the City of Moreno Valley for approval of Resolution 2022-XX. The City of Moreno Valley will request reimbursement of incurred costs, if the State of California identifies this specific statute has imposed State-Mandated Costs. The reimbursement of a State-Mandated Cost is legislated by Senate Bill 90 and is managed by the Financial & Management Services Department.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Doug Bloom Jesse Park
A.15
Packet Pg. 459
Fire Marshal Fire Chief
Concurred By: Concurred By:
Felicia London Shanna Palau
Purchasing & Sustainability Division Manager Senior Contracts Analyst
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. FY21-22 Resolution.docx2
2. State Mandate Inspections Graph FY 21-22
3. SB1205_93
APPROVALS
Budget Officer Approval ✓ Approved . 8/17/22 5:27 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 8:58 AM A.15
Packet Pg. 460
Attachment “_“
1 Resolution No. 2022-____
Date Adopted: September 6, 2022
RESOLUTION NO. 2022 – XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY , CALIFORNIA, ACKNOWLEDGING
RECEIPT OF A REPORT SUBMITTED BY THE MORENO
VALLEY FIRE DEPARTMENT FIRE CHIEF REGARDING
THE INSPECTION OF CERTAIN OCCUPANCIES
REQUIRING ANNUAL INSPECTIONS IN SUCH
OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146
and 17921 OF THE CA LIFORNIA HEALTH AND SAFETY
CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Moreno Valley Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private schools, hotels, motels, lodging houses, and apartment houses for compliance with building standards, as provided and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Moreno Valley Fire Department, that provide fire protection services to report annually to its administering au thority on its compliance with s ections 13146.2 and 13146.3 and,
WHEREAS, the Council of the City o f Moreno Valley intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Moreno Valley Fire Department’s compliance with California Health and Safety Code Sections 13146.4.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
The Council expressly acknowledges the receipt of the annual fire inspection report for FY 2021/2022, attached hereto as Exhibit “A”.
APPROVED AND ADOPTED this _____ day of _______________, YYYY.
A.15.a
Packet Pg. 461
Attachment: FY21-22 Resolution.docx2 (5913 : SB 1205 FY 2021/2022 State Mandated Inspections) 2 Resolution No. 2022-____
Date Adopted: September 6, 2022
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.15.a
Packet Pg. 462
Attachment: FY21-22 Resolution.docx2 (5913 : SB 1205 FY 2021/2022 State Mandated Inspections) 3 Resolution No. 2022-____
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022 -___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of September 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
A.15.a
Packet Pg. 463
Attachment: FY21-22 Resolution.docx2 (5913 : SB 1205 FY 2021/2022 State Mandated Inspections) 344 344
0 50
100
150
200
250
300
350
400
State Mandated
Inspections
Inspections
Completed
Senate Bill (SB) 1205 Inspections FY 2021/2022
State Mandated Inspections
Inspections Completed
A.15.b
Packet Pg. 464
Attachment: State Mandate Inspections Graph FY 21-22 (5913 : SB 1205 FY 2021/2022 State Mandated Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of an y city or county fire department or district pro viding fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district pro viding fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill w ould require e very city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill w ould pro vide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory pro visions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant
93 A.15.c
Packet Pg. 465
Attachment: SB1205_93 (5913 : SB 1205 FY 2021/2022 State Mandated Inspections) to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdi vision (a) shall occur when the administering authority discusses its annual b udget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdi vision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
O
93 — 2 —Ch. 854
A.15.c
Packet Pg. 466
Attachment: SB1205_93 (5913 : SB 1205 FY 2021/2022 State Mandated Inspections)
Report to City Council
ID#5899 Page 1
TO:
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: September 6, 2022
TITLE: FIRST AMENDMENT TO AGREEMENT FOR
TRANSPORTATION PLANNING SERVICES
RECOMMENDED ACTION
Recommendation:
1. Approve the First Amendment to the Agreement for Transportation Planning Services with HR Green Pacific Inc;
2. Authorize the City Manager to execute the First Amendment with HR Green Pacific Inc., which includes executing subsequent Amendments or Extensions to the Agreement, and the authority to autho rize associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney; and
3. Authorize an increase to Purchase Order 2022-755 with HR Green Pacific Inc. from a not -to-exceed amount of $100,000 to a not -to-exceed amount of $600,000 using existing funds already approved in the Public Works Operating Budget.
SUMMARY
This report recommends approval of an amendment to the agreement with HR Green Pacific, Inc. for staff support services related to the review of development applications on behalf of the Transportation Engineering Division, under the supervision of that Division’s manager. The amendment will allow services to continue through June 2024.
A.16
Packet Pg. 467
DISCUSSION
The City has contracted for professional servi ces to meet its development review obligations in multiple divisions, as doing so allows effort to be tailored to workload.
The development review obligation for the Transportation Engineering Division remains high along with the other engineering-oriented assignments for the Divisions.
As such, and in order to not delay development projects, consultant assistance is necessary.
In 2021, the Transportation Engineering Division solicited firms to submit proposals for Transportation Planning services, includi ng development review. HR Green Pacific Inc. (HR Green) was selected on the basis of their qualifications to perform the required work.
In February 2022, HR Green was awarded a contract up to $100,000 to provide development review services for the Transpo rtation Engineering Division under the terms of their agreement. Since that time, HR Green has successfully completed all assigned reviews.
The recommended actions will allow HR Green to continue to review development applications through June 2024.
ALTERNATIVES
1. Approve the recommended actions as presented in this staff report. Staff recommends this alternative in order to fulfill the City’s obligations to developers and deliver high-quality development projects in a timely manner.
2. Do not approve the re commended actions as presented in this staff report.
Staff does not recommend this alternative, as it would result in extended development application review times and potentially impact review quality.
FISCAL IMPACT
The proposed F irst Amendment include s a $ 500,000 increase in compensation for review services, which are recovered through fees collected on development applications. The existing Public Works Operating Budget has sufficient funds. There is no net impact to the General Fund.
NOTIFICATION
Publication of agenda
A.16
Packet Pg. 468
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Wei Sun, T.E., PTOE Michael Lloyd, P.E.
City Traffic Engineer Director of Public Works
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. HR Green executed 020222
2. HRG 1st Amendment (addtl $ time)
APPROVALS
Budget Officer Approval ✓ Approved . 8/29/22 7:47 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 8:56 AM A.16
Packet Pg. 469
1 FIRST AMENDMENT TO AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
FOR TRANSPORTATION PLANNING SERVICES
The First Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “City,” and HR Green Pacific, Inc ., hereinafter referred to as “Consultant.” This First Amendment is made and entered into as of this _____ day of ______, 2022 (“Effective Date”).
RECITALS:
Whereas, the City and Consultant entered into an Agreement entitled “AGREEMENT FOR PRO FESSIONAL CONSULTANT SERVICES FOR
TRANSPORTATION PLANNING SERVICES ,” hereinafter referred to as “Agreement, ” dated February 2, 2022.
Whereas, the Consultant is providing Transportation Planning Services.
Whereas, it is desirable to amend the Agreement to increase the compensation amount and extend the termination date for services as is more particularly described in Section 1 of this First Amendment.
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:
1.1 The Agreement termination date is extended from February 28, 2023 to June 30, 2024, unless the termination date is further extended by an Amendment to the Agreement.
A.16.b
Packet Pg. 470
Attachment: HRG 1st Amendment (addtl $ time) (5899 : FIRST AMENDMENT TO AGREEMENT FOR TRANSPORTATION PLANNING SERVICES)
FIRST AMENDMENT TO AGREEMENT FOR
PROJECT RELATED SERVICES
2 1.2 Exhibit “D” to the Agreement is hereby further amended by increasing the compensation amount for services by $500,000.00.
1.3 The total “Not-to-Exceed” fee for this contract is $600,000.00 ($100,000.00 for the original Agreement plus $500,000.00 for the First Amendment to Agreement).
SECTION 2
2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
SIGNATURE PAGE TO FOLLOW
A.16.b
Packet Pg. 471
Attachment: HRG 1st Amendment (addtl $ time) (5899 : FIRST AMENDMENT TO AGREEMENT FOR TRANSPORTATION PLANNING SERVICES)
FIRST AMENDMENT TO AGREEMENT FOR
PROJECT RELATED SERVICES
3 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley HR Green Pacific, Inc.
BY: BY:
City Manager Name:
________________________________ TITLE:
Date (President or Vice President)
___________________________________
Date
BY:
Name:
TITLE:
(Corporate Secretary)
___________________________________
Date
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Michael L. Wolfe, P.E.
A.16.b
Packet Pg. 472
Attachment: HRG 1st Amendment (addtl $ time) (5899 : FIRST AMENDMENT TO AGREEMENT FOR TRANSPORTATION PLANNING SERVICES)
Report to City Council
ID#5905 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: September 6, 2022
TITLE: PM 22701 - ADOPT RESOLUTION NO. 2022 -XX
ORDERING THE SUMMARY VACATION OF AN EXISTING
PUBLIC DRAINAGE EASEMENT AS DEDICATED PER
PARCEL MAP 22701 IN PARCEL MAP BOOK 159, PAGES
3 TO 14, OFFICIAL RECORDS OF RIVERSIDE COUNTY
RECOMMENDED ACTION
Recommendations:
1. Adopt Resolution No. 2022 -XX. A Resolution of the City Council of the City of Moreno Valley, California, O rdering the Summary Vacation of a Public Drainage Easement Located Within Private Property Abutting Krameria Avenue Approximately 600’ East of Lasselle Street.
2. Direct the City Clerk to certify said resolution and transmit a copy of the resolution to the office of the County Recorder for recordation.
SUMMARY
This report recommends adoption of Resolution No. 2022 -XX, ordering the summary vacation of a public drainage easement which was originally dedicated per Parcel Map 22701. The public drainage easement is located withi n private property abutting Krameria Avenue approximately 600 feet east of Lasselle Street (Attachment 1).
DISCUSSION
The public drainage easement dedicated on Parcel Map 22701 in Parcel Map Book 159, Pages 3 to 14, official records of Riverside County, is no longer beneficial to the public as the 24 -inch cast in place storm drainpipe constructed within the easement is no longer in use . The current, underlying landowner has received City approval to develop the land and is requesting the vacation of the existing public drainage A.17
Packet Pg. 473
easement which encumbers his property . The proposed development will construct a drainage system that does not drain to the abandoned storm drain lateral.
The City Council’s approval of a summary vacation for this public drainage easement will abandon the City’s rights for public use purposes and facilitate development of the site. Vacation of the public drainage easement, as shown in the exhibit attached to the proposed resolution (Attachment 2), is in accordance with the Street s and Highways Code. The provisions of Chapter 4, Part 3, of Division 9 of the Streets and Highways Code of the State of California, designated “Summary Vacation”, allows the City to summarily vacate said easement if certain conditions are met. This requ est meets those conditions since the public drainage easement has not been used for flood control and drainage purposes for a period greater than five years and the public drainage easement has been superseded by relocation and there are no other public fa cilities located with the public drainage easement.
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report.
Staff recommends this alternative as it will allow the underlying landowner to develop without an unnecessary encumbrance.
2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as the public drainage easement, which is no longer required, will encumber the landowner’s property.
FISCAL IMPACT
There is no fiscal impact associated with this requested action.
NOTIFICATION
Publication of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Clement Jimenez, P.E. Michael Lloyd, P.E.
Principal Engineer Public Works Director/City Engineer
Concurred By:
Melissa Walker, P.E.
Engineering Division Manager/Assistant City Engineer
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
A.17
Packet Pg. 474
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Vicinity Map - PM 22701
2. Resolution No. 2022-XX Summary Vacation
APPROVALS
Budget Officer Approval ✓ Approved . 8/28/22 4:05 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 8:57 AM A.17
Packet Pg. 475
CITY OF MORENO VALLEY
PUBLIC WORKS DEPARTMENT
LAND DEVELOPMENT DIVISION
PM 22701
Public Drainage Easement
Summary Vacation
Vicinity Map
A.17.a
Packet Pg. 476
Attachment: Vicinity Map - PM 22701 (5905 : PM 22701 - ADOPT RESOLUTION NO. 2022-XX ORDERING THE SUMMARY VACATION OF AN 1 Resolution No. 2022-XX
Date Adopted: September 6, 2022
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ORDERING THE
SUMMARY VACATION OF A PUBLIC DRAINAGE
EASEMENT LOCATED WITHIN PRIVATE PROPERTY
ABUTTING KRAMERIA AVENUE APPROXIMATELY 600’
EAST OF LASSELLE STREET
WHEREAS, the City Council of the City of Moreno Valley, California, acquired a public drainage easement located within private property abutting Krameria Avenue approximately 600 feet east of Lasselle Street shown on Parcel Map 22701 in Parcel Map Book 159, Pages 3 to 14, official records of Riverside County; and WHEREAS, a 24-inch cast in place storm drainpipe constructed within the easement is no longer in use and the public drainage easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed summary vacation; and
WHEREAS, the public drainage easement has been superseded by relocation and there are no other public facilities located within the easement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1
That pursuant to the provisions of Chapter 4, Part 3 of Division 9 of the Streets and Highway Code of the State of California, designated “Sum mary Vacation” (beginning at Section 8330 of said Code) , the public drainage easement is summarily vacated and abandoned.
Section 2
That this summary vacation of said public drainage easement as dedicated per Parcel Map 22701 in Parcel Map Book 159, Pages 3 to 14, official records of Riverside County, and as more particularly described on Exhibit A and shown on Exhibit B, both attached hereto and made a part hereof, is made based upon the facts presented.
Section 3
That from and after the date the res olution is recorded, the public drainage easement vacated no longer constitutes a public drainage easement.
Section 4
A.17.b
Packet Pg. 477
Attachment: Resolution No. 2022-XX Summary Vacation (5905 : PM 22701 - ADOPT RESOLUTION NO. 2022-XX ORDERING THE SUMMARY 2 Resolution No. 2022-XX
Date Adopted: September 6, 2022
That the City Clerk of the City of Moreno Valley, California, shall cause a certified copy of this resolution to be recorded in the office of the Recor der of the County of Riverside, California.
APPROVED AND ADOPTED this _____ day of _______________, 2022.
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST:
____________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________
Steve Quintanilla, Interim City Attorney
A.17.b
Packet Pg. 478
Attachment: Resolution No. 2022-XX Summary Vacation (5905 : PM 22701 - ADOPT RESOLUTION NO. 2022-XX ORDERING THE SUMMARY 3 Resolution No. 2022-XX
Date Adopted: September 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 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 _____ day of______, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
JANE HALSTEAD, CITY CLERK
(SEAL)
A.17.b
Packet Pg. 479
Attachment: Resolution No. 2022-XX Summary Vacation (5905 : PM 22701 - ADOPT RESOLUTION NO. 2022-XX ORDERING THE SUMMARY 4 Resolution No. 2022-XX
Date Adopted: September 6, 2022
A.17.b
Packet Pg. 480
Attachment: Resolution No. 2022-XX Summary Vacation (5905 : PM 22701 - ADOPT RESOLUTION NO. 2022-XX ORDERING THE SUMMARY 5 Resolution No. 2022-XX
Date Adopted: September 6, 2022
A.17.b
Packet Pg. 481
Attachment: Resolution No. 2022-XX Summary Vacation (5905 : PM 22701 - ADOPT RESOLUTION NO. 2022-XX ORDERING THE SUMMARY
Report to City Council
ID#5918 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: September 6, 2022
TITLE: APPROVE BID AWARD TO G&W FOR THE PURCHASE
OF 15 KV, THREE PHASE SOLID DIELECTRIC VACUUM
SWITCHGEAR FOR MORENO VALLEY UTILITY
RECOMMENDED ACTION
Recommendations:
1. Award the Bid to G&W Electric Company, the lowest responsible bidder, for the purchase of 3-Way and 4-Way Solid Dielectric Vacuum Switchgears; and
2. Authorize the issuance of a Purchase Order to G&W Electric Company for $336,718 (including $9,416 for shipping and $23,541 for taxes) plus a 10% contingency of $33,672 for a total of $370,390.
3. Authorize the City Manager to amend the scope of work and budget if necessary , upon approval of the City Attorney.
SUMMARY
This report recommends award of bid for solid dielectric switchgear to replace existing SF6 insulated switchgear along Day Street, North of Alessandro Blvd. The project includes the purchase of three (3) 3 -Way Solid Dielectric Vacuum Switchgears and two (2) 4 -Way Solid Dielectric Vacuum Switchgears. The project is funded with Moreno Valley Utility ( MVU) operating funds and has been approved in the 2022/2023 Capital Improvement Plan. The total cost is $370,390 including a 10% contingency.
DISCUSSION
The California Air Resources Board (CARB) recently passed regulatory amendments to phase out the use of SF6 as an insulating medium for electrical equipment starting in 2025. These will likely restrict MVU from purchasing the same SF6 insulated A.18
Packet Pg. 482
switchgears that it ha s used in the past for underground vault applications and will require the use of new solutions. CARB has also established limits in 2020 for the amount of SF6 discharge allowed. The 3 -Way and 4 -Way solid dielectric vacuum switchgears proposed will serve a s effective replacements for the SF6 insulated switchgear that MVU has used historically , and will be installed along Day St. as part of the electric distribution system to provide service to new and existing customers.
The Request for Quotes (RFQ) was pr epared and placed on PlanetBids, the City’s online bidding portal, from June 02, 2022 through June 29, 2022. All RFQ Addendums, Questions and Answers were posted on PlanetBids.
3-Way Solid Dielectric Vacuum Switchgears
The following bids were received f or the three (3) 3 -Way Solid Dielectric Vacuum Switchgears segment of the RFQ. G&W Electric Company, OneSource Supply Solutions, and Anixter all responded to the RFQ. G&W responded with a quote for their own G&W product, while OneSource Supply Solutions pr ovided quotes for both ABB and Eaton products, and Anixter provided a quote for an Eaton product as well. The bid from G&W Electric Company was found to be the lowest bidder. The total price quoted for three (3) 3 -Way Solid Dielectric Vacuum Switchgears fr om each bidder are shown below.
Bidder Total Bid
1. G&W (G&W) $161,049.00
2. OneSource (ABB) $190,677.00
3. Anixter (Eaton) $193,048.44
4. OneSource (Eaton) $238,500.00
4-Way Solid Dielectric Vacuum Switchgears
The following bids were received for the tw o (2) 4 -Way Solid Dielectric Vacuum Switchgears segment of the RFQ. G&W Electric Company, OneSource Supply Solutions, and Anixter all responded to the RFQ. G&W responded with a quote for their own G&W product, while OneSource Supply Solutions provided quot es for both ABB and Eaton products, and Anixter provided a quote for an Eaton product as well. The bid from G&W Electric Company was found to be the lowest bidder. The total price quoted for two (2) 4 -Way Solid Dielectric Vacuum Switchgears from each bidde r are shown below.
Bidder Total Bid
1. G&W (G&W) $142,712.00
2. OneSource (ABB) $171,100.00
3. Anixter (Eaton) $173,210.66
4. OneSource (Eaton) $207,500.00
Therefore, G&W Electric Company was deemed to be the lowest responsible bidder, and staff is reco mmending that the City issue a Purchase Order to G&W Electric Company for $3 36,718 (includes $9,416 shipping and $23,541 for taxes) plus a 10% contingency for a total of $370,390.
A.18
Packet Pg. 483
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. This alternative will facilitate compliance with regulatory requirements and is essential to serve new and existing customers.
2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative wi ll delay compliance with regulatory requirements and reduce the ability to serve new and existing customers.
FISCAL IMPACT
Design, construction, and equipment purchase of the five (5) three-phase solid dielectric vacuum switchgear units , Project No. 805 0061, is included under the Fiscal Year 2022/2023 CIP budget . The project is funded with MVU operating funds; funds are available in account number 6011 -99-99-80005-720199. There is no impact to the General Fund. There are no proposed budget adjustments at this time.
NOTIFICATION
The RFQ was placed on PlanetBids, the City’s online bidding portal, from June 02, 2022 through June 29, 2022. All RFQ Addendums and Questions and Answers were posted in PlanetBids.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kamran Aladross, P.E. Michael Lloyd, P.E.
Sr. Electrical Engineer Public Works Director/City Engineer
Concurred By: Concurred By:
Jason Niccoli Jeannette Olko
Electric Utility Assistant Manager Electric Utility Division Manager
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
A.18
Packet Pg. 484
Objective 4.1: Develop a Moreno Valley Utility Strategic Plan to prepare for the 20 22 expiration of the ENCO Utility Systems agreement.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Dielectric Vacuum Switchgear RFQ 05252022 FINAL
2. cost comparison for solid dielectric responses to rfq_no meta
APPROVALS
Budget Officer Approval ✓ Approved . 8/28/22 4:12 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 8:59 AM A.18
Packet Pg. 485
City of Moreno Valley 1
City of Moreno Valley
Request for Quote
2022-064
15 kV, THREE PHASE SOLID DIELECTRIC
VACUUM SWITCHGEAR FOR
SUBMERSIBLE, VAULT MOUNTED
APPLICATIONS
FOR MORENO VALLEY UTILITY
Due Date:
June 29, 2022, prior to 2:00 p.m.
Due Date for Request for Information
June 15, 2022, prior to 2:00 p.m.
Submit bid online at:
https://pbsystem.planetbids.com/portal/24660/bo/bo-detail/94860
A.18.a
Packet Pg. 486
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 2
Bidders are solely responsible for on time submission of their electronic bid. The City will only consider bids that have been transmitted successfully and have been issued an ebid confirmation number with a time stamp from the Bid Management System indicating that the bid was submitted successfully. Transmission of bids by any other means will not be accepted. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of thei r internet service.
Failure of the bidders to successfully submit electronic bids shall be at the bidders’ sole risk and no relief will be given for late and/or improperly submitted bids. Bidders experiencing any technical difficulties with the bid submiss ion process may contact PlanetBids at (818) 992- 1771. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
NOTICE TO BIDDERS
Electronic quotes will be received to purchase 15kV, three -phase solid dielectric vacuum switchgear for submersible, vault mounted applications as described in the Scope of Work depending on quoted price and available budget for the City of Moreno Valley (City) until 2:00 p.m. on Wednesday , June 29 , 2022.
Once the proposer downloads any documents relative to a solicitation, that proposer’s name will appear on the Prospective Bidders List.
QUOTATIONS:
1. All prices shall be F.O.B. All delivery and/or all freight charges are to be listed separately from the actual price(s) of the item(s).
2. Do not include sales tax to the item price. The City will add appropriate sales tax amount to the item price of the winning quote to obtain the total price used for awarding the quote.
3. Do not include any additional charges to the item price. The item price shall include everything except delivery cost, or sales tax as specified above. Sample of additional charges include, but not limited to, restocking, or returned items charges, minimum orders charges, disposal charges, environmental fees, fuel surcharges, et.
4. Firm quotes are required unless specifically designated otherwise. Any quote which is subject to an open or unlimited escalator clause may be rejected.
5. Fixed price applies to all items for orders placed within ninety (90) calendar days after quote opening through final delivery. If the respondent cannot commit to 90 days of fixed pricing, Moreno Valley Utility will consider alternate terms with justification.
6. Bidder will complete the Bidder questionnaire and fill in the proposal form titled “Bid Quantities and Prices.”
A.18.a
Packet Pg. 487
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 3
7. Quotes shall be awarded to the lowest responsive and responsible bidder taking into consideration reliability, productivity, and cost of maintenance, quality, performance, product availability, and time of delivery.
8. The City reserves the right to award the quote on a line item basis or lump sum basis whichever is in the best interest of the City.
INQUIRIES AND SPECIFICATIONS CHANGES
1. All inquiries are to be made online via PlanetBids portal within the Q & A section only.
2. All changes in specifications shall be in writing in the form of an addendum and furnished to all bidders via PlanetBids. Verbal information obtained otherwise will not be considered in awarding of quotes. No changes to specifications will be permitted within five (5) days prior to the quote opening.
DELIVERY
1. Shipping Method and Handling Precautions : Each switchgear will be bolted to a wood pallet to prevent hidden damage from the forks of a forklift truck. The equipment will be completely assembled before shipment, well braced, completely protected against weather with all openings sealed against entrance of moisture and foreign materials.
2. Notification of Shipment : In all cases, the Successf ul Bidder will advise the City immediately when equipment has been shipped from the factory.
3. Delivery Location:
• Moreno Valley Corporate Yard
25180 Santiago Dr. Moreno Valley, CA 92551.
• Notification: Call 714-936-7562 at least 24 hours prior to deliveries. • Delivery hours: Monday – Thursday 8:00am to 2:30pm.
4. Rejection and Pickups: Note that City reserves the right to reject items that fail to comply with Specifications, are damaged, or are in excess of ordered quantities. Pick up items to be returned to vendor within five business days of notification and process credit for returned items within ten business days of receipt.
5. 15kV, three-phase solid dielectric vacuum switchgear are to be delivered as described under Scope of Work. 15kV, three-phase solid dielectric vacuum switchgear are to be in perfect physical and mechanical operating condition.
6. 15kV, three -phase solid dielectric vacuum switchgear will be accepted only after the delivery requirements have been met. The seller shall assume full responsibility for the material until accepted.
A.18.a
Packet Pg. 488
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 4
RIGHT OF REJECTION
The City reserves the right to reject any one or all quotes, or any part of any quote, to waive any informality in any quote, and to award the purchase in the best interest of the City. Furthermore, the City reserves the right to hold the quote of the three (3) lowest bidders for a period of ninety (90) calendar days from and after the time of the quote opening.
QUANTITIES
The City anticipates purchasing the quantities as specified on the electronic Line Item List in PlanetBids.
There is no obligation on the part of the City to purchase more or less than the quantity listed.
The City reserves the right to purchase more or less than the quantity listed, depending upon actual requirements and budget restraints, at the unit costs as set forth in the Successful Bidder's quote/contract(s) for up to ninety (90) calendar days after initial award based
VENDOR’S WARRANTY
The Vendor will guarantee the RFQ item equipment and component parts thereof to: (1) fulfill all City RFQ requirements; (2) be clear in title in the City; and (3) be free from damage, defective materials, improper workmanship and faulty design or construction for a period extending from date of shipment until one year past receipt of complete item in good condition at City designated delivery point. Should equipment arrive in incomplete, incorrect, or damaged condition, the one- year limit will begin on the date that all necessary missing or repaired components for RFQ item have been finally received in acceptable condition at City's designated delivery point.
Equipment arriving at City's designated delivery point in damaged condition and not accepted from the shipper by the City will be the entire responsibility of Vendor to expedite, re-ship and repair as necessary without any involvement by the City in as much as shipment is F.O.B. Moreno Valley.
Equipment accepted by City from shipper which later develops trouble, shows defects, or fails during test, energizing or otherwise during warranty period through no fault of the City will be promptly repaired or replaced at Vendor's expense including all necessary removal, freight, and reinstallation costs.
SCOPE OF WORK AND SPECIFICATIONS
GENERAL EQUIPMENT SPECIFICATIONS
Each Bidder shall furnish as part of pre-qualifying package, a detailed outline, schematic drawing, and descriptive bulletin of proposing switch. The drawing shall indicate overall dimensions, switch electrical ratings, total weight and relative location of bushings, ope rating handles, and parking stands. The descriptive bulletin shall describe basic switch construction, type of insulation and interrupting medium, switch operating mechanism, contact system, manufacturing and quality A.18.a
Packet Pg. 489
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 5
control procedures employed, electrical and mechanical ratings, sealing systems, ambient temperature range, corrosion resistance, mechanical endurance, mechanical life expectancy, and production switch tests used at the factory. The manufacturer’s standard design constructed in accordance with applicable ANSI Standards is required. The outline drawing shall be attached to the bid proposal. Recommended installation method should be provided upon request. One set of manufacturer's specifications containing detailed descriptions, drawings and plans complete in general outline, dimensions and weights of the equipment proposed to be furnished as outlined in Section C2b1 through C2b4. Bids not accompanied by the specifications may be rejected.
INSTRUCTIONS FURNISHED
Switch and Vacuum fault Interrupters
Each bidder shall furnish the following information for the switches:
Withstand Impulse Voltage – KV
AC Withstand Voltage, 60 Hertz, 1 minute, KV DC Withstand Voltage, 15 minutes, KV Continuous and Interrupting Current Rating Momentary and Fault Close (Symmetrical Current) One second Current (Symmetrical Current) Interrupting Time, Maximum, Cycle
Standard Tests report, technical packages, and bulletin on one material unit: The Standard Tests must demonstrate 100% compliance with the production and design test requirements as outlined in the national standards including IEEE/ANSI. The costs of tests and certified test reports shall be borne by the manufacturer.
Data Required with Proposal
The following information/drawing is required to be submitted with switch proposal:
• Outline drawing showing dimensions
• Bill of material of all components
• Nameplate Drawing
• Schematic Drawings
• Wiring Drawings
• Detail drawing of different components including the connectors • City reserves the right to request any other drawings/information for clarification and verification to ensure the specification requirements are met.
Approval Drawings
• Manufacturer is required to submit the outline, detailed components, schematic, and other drawings to the address in C2b4
• The production should not be started until all drawings are approved by MVU
Please send information to:
Francisco Sanchez, P.E.
Distribution Engineer
c/o Moreno Valley Utility
14331 Frederick St, Suite #2
Moreno Valley, CA 92552
Email: [email protected]
Telephone: (562) 400-2249
A.18.a
Packet Pg. 490
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 6
MATERIALS, WORKMANSHIP AND DESIGN
All equipment and materials added will be new, of the highest quality, clean and properly assembled, finished, or aligned and design will be in accordance with latest applicable industry standards and City specifications. All work will be performed and com pleted in a thorough, professional manner by persons skilled in their various trades. All materials furnished and all work done must be satisfactory to the City, and in accordance with this RFQ. Any defects or failures to so comply will be corrected at Vendor's expense.
Similar unit components will be made to the same exactness, uniformity, and tolerances to permit interchange of units of the same design and to provide complete utility in replacement and maintenance.
STANDARDS AND REGULATIONS
The switches manufactured in accordance with this RFQ shall meet or exceed the applicable requirements of the latest revision of:
• IEEE C37.74 – 2014 Three-Phase, Manually Operated Load Interrupting Switchgear and Fused Load Interrupting Switchgear for Alternating Current Systems. • ANSI/IEEE 386 Separable Insulated Connectors and Bushings • The switch shall be tested to IEC 60529 for submergibility. The switch shall be rated IP68 for 7 days with a 10 foot head of water.
• The switch manufacturer shall be ISO 9001 and ISO 14001 certified. • The switch shall be MVU approved.
• City Specifications
• American National Standards Institute, Inc./IEEE 592
• National Electrical Manufacturers Association
• California Electrical Safety Order
• National Electrical Safety Code
• Environmental Protection Agency
Where conflict is discovered between Vendor's design/assembly/test methods and above standards priority or City specifications, Vendor will immediately so inform City in writing for resolution.
Any failure to comply with standards without City waiver in writing will be corrected in the field at Vendor's expense.
TECHNICAL REQUIREMENTS
This RFQ provides electrical and mechanical requirements for a 15kV, three phase, solid dielectric vacuum switchgear for submersible vault mounted applications. The switchgear system will be installed on underground main line feeders of a 12,000 volt, four-wire, grounded wye distribution system for sectionalizing three-phase, main line, 600 ampere rated feeders.
The switchgear will be installed inside vaults subject to water intrusion and shall be suitable for submersible operation.
A.18.a
Packet Pg. 491
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 7
The number of vacuum switch positions will be stated in the bid document and are shown on the attachments to this RFQ
CONFORMANCE
Only switches which have been approved by MVU are acceptable.
Manufacturers requesting approval of switches shall submit a written request for approval to MVU.
The request shall include a description of the switches for which approval is requested, supplementary data an d Certified Test Reports, and the completed “Switch Manufacturer’s Questionnaire” included in E13a Appendix A of the Specification.
Deviation and Non-Conformance
MVU shall be notified in writing of any proposed or actual deviation from the requirements of this RFQ before switches are shipped to MVU.
Any deviations from this RFQ must be approved in writing by MVU prior to acceptance of the switches.
Rejection
Non-conformance to any of the requirements of this RFQ shall be reason for rejection, non- payment and/or liquidated damages.
Certification of Ratings
Manufacturer of the switchgear shall be completely and solely responsible for the performance of the basic switchgear components as well as the complete integrated switchgear assembly as rated.
The manuf acturer shall furnish, upon request, certification of ratings of the basic switchgear components and/or the integrated switchgear assembly with the enclosure.
PRODUCTS
Switch Configuration
The switch shall have 3-phase ganged operated load break switched positions as required.
The switch shall be designed for single-sided, vault-mounted.
Switch Construction
The switch shall be a dead- front design. The operating mechanism housing shall be stainless steel SAE 304 grade with a viewing window for verification of contact position. Operating handles shall be padlock able and adaptable to key lock schemes and shall be rope- rig capable. The operating shaft shall be stainless steel providing maximum corrosion resistance. A double "O" ring shaft seal shall be used for a leak resistant, long-life seal.
A.18.a
Packet Pg. 492
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 8
The solid dielectric module must be coated with a semi -conductive layer of epoxy, providing a completely dead front device. The semi-conductive layer must be tested to IEEE 592 to ensure it can carry fault current to ground to ensure operator safety.
The switch shall be designed for long- term operation in the harshest environments. The switch shall provide a visible break that is tested to 95kVBIL
All switch positions shall be equipped with an integral blade type disconnect switch incorporated within the solid dielectric module to provide a true visible break. The Visible Break switch shall provide a clear three -phase visible break of the circuit. The visible break must be easily seen through a viewing window molded as an integral part of each solid dielectric module.
The switch shall interrupt all load currents within the vacuum bottle.
The switch mechanism shall consist of three vacuum bottle assemblies mechanically linked to a single spring-assisted operating mechanism. Manual opening and closing of the switch shall be via an operating handle.
DESIGN RATINGS
Switch Electrical Ratings
Load Break Switches shall be rated:
SELECTION OF RATINGS
Maximum Design Voltage, kV 15.5
Impulse Level (BIL) Voltage, kV 95
Continuous Current, Amperes 630
Load break Current, Amperes 630
One Minute Withstand (dry), AC kV 35
Production Test Rating, kV 34
15 Minute Withstand, DC kV 53
Momentary Current, kA, ASYM 20
Fault-Close Current, kA, ASYM 20
One Second Current, kA, SYM 12.5
Interrupter Mechanical Endurance, Operations 2000
A.18.a
Packet Pg. 493
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 9
LOAD INTERRUPTER SECTIONALIZING SWITCHES
The three-phase, gang-operated vacuum load interrupter switch shall have the specified 20kA fault closing rating which defines the ability to close the switch against a three- phase fault with symmetrical, asymmetrical, and peak current in at least one phase equal to the rated value, with the switch remaining operable and able to carry and interrupt rated current.
The vacuum load interr upter switch shall be provided with visible open isolation point device operating that is in series with the vacuum load interrupter contacts and readily visible through the viewing window to eliminate the need for cable handling and exposure to high voltage to establish a visible gap.
The open gaps of the switch shall be sized to allow cable testing through a feed- thru bushing or the back of the elbow.
OPERATING MECHANISM
Load-interrupter switches shall be operated by means of a quick-make, quick-break mechanism.
The manual handle shall charge the operating mechanism for opening, closing, of the switches.
The manual handle shall be able to operate a switch position. The handle should also have a ring welded at the end to make its operation possible from outside the vault by hot stick or by rope operation. Handle drawing shall be submitted to MVU for review and approval.
Operating handles shall be pad-lockable in any position to prevent operation.
The operating mechanism shall indicate the vacuum contacts position, which shall be clearly visible from the normal operating position. Flag in viewing window shall be visible for verification of mechanical position.
No fluids or gases other than air should be used in the visible gap chamber.
All 600A positions/ways shall be load interrupter.
BUSHING
Switchgear electrical entrances shall be 600-Ampere apparatus bushing for the load interrupter switch positions.
Bushings and bushing wells shall include semi-conductive coating and shall be mounted on such a way the coating is solidly grounded to the tank.
A.18.a
Packet Pg. 494
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 10
All bushings shall be x-rayed to insure there are no voids that could result in leaks over the life of the switchgear.
Bushings and bushing wells shall be equipped with protective shipping caps.
Bushing and bushing wells shall be installed with minimum 5 inch spacing.
SWITCHGEAR ACCESSORIES
The switchgear shall be equipped with the following accessories:
Means for lifting tank/enclosure shall be provided for each switch.
Means for adding legs to the switchgear, when installed in vaults with no platforms
NAMEPLATE
The following information shall be clearly shown on engraved stainless-steel equipment nameplate visible from the top of the tank.
o Manufacturer's catalog number and serial number
o Date of manufacture
o Continuous ampere rating
o Load break ampere rating (symmetrical)
o Momentary ampere rating (symmetrical)
o Voltage rating
o BIL rating
o Total weight
o Tank Material Type
o Three Line Diagram
o An engraved stainless steel bushing nameplate shall be welded next to each bushing, showing bushing designation.
The following optional equipment will not be required with this RFQ. However, the equipment should be adaptable to install the following options
OPTIONAL
Communication, RTU, and Voltage Sensor Indicators
For each switch, the following equipment shall be provided, installed, and wired by the supplier:
A.18.a
Packet Pg. 495
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 11
When specified on the bid documents for radio control, one MDS Orbit ECR 900 MHz Ethernet transceiver radio, 1 Serial port, and a Standard port. Order Code ECRU91NNNNNS1S1USUNNN and a Laird Technologies Yagi Antenna part # Y8966. The antenna shall be installed typically on a street light pole adjacent to the submersible switch location via Coaxial cable in a 1” conduit with the option of being removable. This will permit MVU to remove the antenna and install it at another location if required for radio communications.
The switch shall be supplied with three 15 kV class line voltage sensors on each remote operable position which shall provide individual phase voltages for each switch position.
Motorized Switch Operator for Remote Operation
Motorized operators for remote-supervisory control shall be provided to operate the switches as noted in the online.
Motorized operators shall charge and trip the associated switch in response to a remote-control signal.
Open-Close push buttons shall be provided on the control panel for local electrical operation of the switch.
Motorized operators shall be operated either remotely or locally.
The switch status Open- Close shall be locally and remotely indicated when manually or electrically operated.
Motorized operators shall be provided with a decoupling feature to allow operation of the motor operator without affecting the position of the switch.
The term “motorized operator” is defined as the complete switch accessory, with two -way communication, which shall provide remote indication of the open or closed switch positions, voltage magnitudes, faulted circuit indicators status, major alarm and minor alarm as specified herein.
Motor and DC Sources
The motor operating voltage is 24 VDC supplied by a NiCad battery.
A.18.a
Packet Pg. 496
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 12
A 24 VDC voltage source shall be provided for the operation of the radio, the RTU and other electronic equipment.
A complete charging system for both 24VDC provided and powered by a 120/240 single phase 3 wire source provided by MVU.
Motor Operator Controller for Above Ground Installation The motor operator enclosure shall provide sufficient room to house the RTU, radios and media converter.
A separate enclosure for electronic equipment, installed next to the motor operator enclosure, is acceptable. The control cabinet shall be IP68 rated for vault switches.
The above ground Underground Automated Distribution (UAD) Controller and Motor Mechanism pedestal enclosure is rated NEMA 4. with 14 gauge stainless steel welded construction. The door shall be gasketed to limit the entrance of dust, water, and humidity.
The enclosure of the pad mounted UAD is painted with a Munsell 7.0GY3.29/1.5 green finish.
The UAD may be operated remotely by SCADA or locally via a selector switch on the front panel of above ground controllers. Auto-transfer functions must be available if specified.
UAD Handheld Control Pendant
A handheld control pendant is provided for local electrical operation of the switch.
Standard features of the control pendant include:
o Non-metallic submersible enclosure with padlock able door and stainless steel hanging bracket.
o Stainless steel hanging bracket.
o 25 ft. long cable
o Watertight cable connection
o Momentary open/close switch position
o Open and close switch position indicating lights.
For fiber optic connectivity option use the following Corning parts:
o Corning Single-Panel Wall-mounted Housing (SPH). 5.30”x6.25”x1.5”), part number: SPH-01P
o Corning closet connector housing pigtail panel (single mode fiber UPC), part number: CCH-CP12-3CP03RH
o Corning closet connector housing pigtail panel (multimode fiber 62.5 µm), part number: CCH-CP12-56P03RH
A.18.a
Packet Pg. 497
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 13
TESTS
Manufacturer shall perform production tests required by ANSI/IEEE to check the quality and uniformity of the workmanship and materials used in the manufacture of switches. The switchgear shall meet the requirements of the following ANSI production tests:
o Circuit Resistance Test
o 60 HZ Withstand Test
o Leak Test
o Operating Assurance Test
TRAINING
As a separate item, Switchgear Manufacturer shall include two days of on-hand personnel training as part of their proposal. These two days of training shall be scheduled as follows. The first training shall be for eight hours at the City of Moreno Valley Corporate Yard, 15670 Perris Blvd, Moreno Valley, CA, 92551 for line crew, troubleshooters, and test technicians. The second day of training will be at the site and the manufacturer engineer will train the operation, setting and testing of the switch at the final, job site location of the switch.
The two-day training will be a one-time training per switchgear design, as required by the City of Moreno Valley.
MANUFACTURE DATA
Each Bidder shall submit the following data along with the electronic quote.
1. Manufacturer / Model / Supplier. A copy of the manufacturer’s published specifications shall be included in the quote package.
2. Warranty shall be stated in years, months, or operation hours.
3. Bidder must submit with their quote, manufacturer specifications on the proposed materials. The manufacturer specifications/brochures must identify the items quote and other required data as outlined herein.
4. When applicable, all operating specifications are based on current OSHA standards and shall be the basis for determining compliance with specific requirements. All dimensions shall be in accordance with Occupational Safety and Health Administration standards and the American with Disabilities Act (ADA).
LAWS
Bidders shall comply with all applicable Federal, State, City and City laws, ordinances, and regulations applicable to the bidding and performance of the contract(s).
A.18.a
Packet Pg. 498
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 14
PAYMENT POLICY
The City shall not pay for any services, supplies, materials, or equipment in advance of receipt of such services, supplies, materials, or equipment. No orders shall be placed by the City, or invoices received by a vendor, prior to a purchase order being issued; an invoice cannot be dated prior to the purchase order date.
Awarded bidder’s quote, as accepted by City, may be incorporated as part of the purchase order agreement.
A.18.a
Packet Pg. 499
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 15
APPENDIX A
15kV, THREE PHASE SOLID DIELECTRIC VACCUUM SWITCHGEAR FOR SUBMERSIBLE,
VAULT MOUNTED APPLICATIONS MANUFACTURER'S
QUESTIONNAIRE
QUESTIONS RESPONSES
Number of consecutive years manufacturing
15kV Three -phase solid dielectric vacuum
switchgears for submersible or pad mounted
installation by electric utilities operating in the
United States of America.
Number of 15kV Three -phase
distribution solid dielectric switchgears sold in
the past five (5) consecutive years to
electric utilities operating in the United States
of America.
Do you take any exceptions to City of Moreno
Valley's RFQ No. xx (Rev x)? If Yes, list all the
exceptions (use separate sheet)
Are the parts used on the switches
manufactured by your organization or by other
companies? List any parts made by other
companies with their names.
Manufacturing plant:
- its location
- how long has it been in operation?
- are there plans for upgrading the
equipment?
Name of the contact person, name of the
company and telephone number of three (3)
electric utilities customers that are members of
the Western Underground Committee and that
have purchased 15kV Three -phase
submersible solid- dielectric switchgears from
your organization in the last five (5) years.
Contact person
name: Company
name: Telephone:
Contact person
name: Company
name: Telephone:
Contact person
name: Company
name: Telephone:
A.18.a
Packet Pg. 500
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 16
Name of the contact person, nam e of the
company, and telephone number of other
electric utilities operating in the United States
of America that have purchased 15kV Three-
phase submersible solid dielectric switchgears
from your organization in the last five (5)
years.
Contact person
name: Company
name: Telephone:
Contact person
name: Company
name: Telephone:
Contact person
name: Company
name: Telephone:
A.18.a
Packet Pg. 501
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for City of Moreno Valley 17
APPENDIX B
BID QUANTITIES AND PRICES
SUBMERSIBLE
SWITCH
CONFIGURATION Bid Quantity Unit Prices ($) Total Prices ($) 3 - 600A Positions 3
4 - 600A Positions 2
BID TOTAL COST WITHOUT TAX $___________________
QUOTED DELIVERY TIME (After Receipt of Purchase Order) ___________________
Fig. 1
4-600A One-Line Diagram
Fig. 2
3-600A One-Line Diagram
A.18.a
Packet Pg. 502
Attachment: Dielectric Vacuum Switchgear RFQ 05252022 FINAL (5918 : Approve Bid Award for the purchase of solid dielectric switches for G&W OneSource Supply
Solutions (Eaton) Anixter (Eaton) OneSource Supply
Solutions (ABB)
1.1 Pricing, Delivery, & Warranty Bid Data
1.1.1 Base Bid
a. Firm Price per unit 3-Way Switchgear 53,683.00$ 63,559.00 $ 64,349.48 $ 79,500.00 $ b. Firm Price per unit 3-Way Switchgear 71,356.00$ 85,550.00 $ 86,605.33 $ 103,750.00 $ c. Firm Price for three 3-Way Switchgears 161,049.00$ 190,677.00 $ 193,048.44 $ 238,500.00 $ d. Firm Price for two 4-Way Switchgears 142,712.00$ 171,100.00 $ 173,210.66 $ 207,500.00 $ e. Subtotal for 5 switchgears 303,761.00$ 361,777.00 $ 366,259.10 $ 446,000.00 $ f. Shipping 9,416.00$
g. 7.75% Sales Tax 23,541.48$ 28,037.72 $ 28,385.08 $ 34,565.00 $ h. Subtotal + Shipping + Tax 336,718.48$ 389,814.72 $ 394,644.18 $ 480,565.00 $
1.1.2 Delivery Date
a. Lead Time (weeks after approval) 35 50 59 24
1.2 Service/Technical Engineer (Optional)
1.2.1 The Vendor proposes the following to supervise equipment assembly and installation:
a. Daily Rate for Onsite Training 3,000.00$ 3,260.86 $ b. Product/Design Testing 10,000.00$ 10,870.00 $ c. Total estimated number of working days for service engineer: 3333 d. Total estimated cost for service engineer: 9,000.00$ 9,782.58 $
1.3 Contingency (10%)
1.3.1 10 % Contingency 33,671.85$ 38,981.47 $ 39,464.42 $ 48,056.50 $
1.4 Total
1.4.1 1.1.1.h. + 1.2.1.d. + 1.3.1. = 370,390.33$ 428,796.19 $ 434,108.60 $ 528,621.50 $ 3-Way and 4-Way Solid Dielectric Vacuum Switchgear -
Exhibit A - Proposal Data Sheets
A.18.b
Packet Pg. 503
Attachment: cost comparison for solid dielectric responses to rfq_no meta (5918 : Approve Bid Award for
Report to City Council
ID#5920 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: September 6, 2022
TITLE: PEN21-0162 (PM 38209) - APPROVE PARCEL MAP FOR
FINANCE AND CONVEYANCE PURPOSES LOCATED AT
THE SOUTHEAST CORNER OF REDLANDS BOULEV ARD
AND KALMIA AVENUE. OWNER: MR. PETER WEAVER
RECOMMENDED ACTION
Recommendations:
1. Approve PEN21 -0162 (PM 38209) final map for finance and conveyance purposes.
2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.
SUMMARY
This report recommends approval of the parcel map for finance and conveyance purposes for PEN21 -0162 (Parcel Map 38209), which is owned by Mr. Peter Weaver.
Parcel Map 38209 will subdivide one (1) parcel into two (2) parcels and is located at the southeast corner of Redlands Boulevard and Kalmia Avenue.
DISCUSSION
On December 9, 2021, the Planning Commission of the City of Moreno Valley approved PEN21-0162 (TPM 38209), a n 11.5 gross acre tentative parcel map for finance and conveyance purposes. The developer is proposing to divide the overall tentative parcel map into two parcels. Parcel 1, a 1.92 -acre lot is located at the southeast corner of Redlands Boulevard and Kalmia Avenue, and parcel 2, a 9.58 -acre lot is located southeast of parcel 1. Parcel 1 and Parcel 2 each contain an existing a dwelling unit.
The owner desires that each dwelling unit be on its own parcel.
A.19
Packet Pg. 504
Parcel Map 38209 is a n 11.5-acre, two -parcel, parcel map proposed for finance and conveyance purposes . Therefore, no right -of-way dedications or improvements are required. Any right -of-way dedications and improvements required at the time development is proposed would be through a separate planning application process.
Due to the size of the map, it is not attached to this report. However, the map is available for review at the Public Works/Land Development counter at City Hall.
ENVIRONMENTAL
The Planning Commission at the public hearing on December 9, 2021, found that Tentative Parcel Map 38209 (PEN 21-0162) is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061.b.3 as the proposed project qualifies as an activity that is covered by the commonsense exemption that CEQA applies only to projec ts, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; in such cases, the activity is not subject to CEQA.
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative to allow the final map to be recorded for financing and conveyance purposes.
2. Do not approve and do no t authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will result in the developer’s final map not to be recorded for financing and conveyance purposes.
FISCAL IMPACT
No fiscal impact is anticipated.
NOTIFICATION
Publication of agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Hoang Nguyen, P.E. Michael Lloyd, P.E.
Associate Engineer II Public Works Director/City Engineer
Concurred By: Concurred By:
Clement Jimenez, P.E. Melissa Walker, P.E.
Principal Engineer Engineering Division Manager/Assistant City Engineer A.19
Packet Pg. 505
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed pub lic facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Vicinity Map - PEN21-0162 (PM 38209)
APPROVALS
Budget Officer Approval ✓ Approved . 8/28/22 4:14 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 9:03 AM A.19
Packet Pg. 506
CITY OF MORENO VALLEY
PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT
PEN21-0162 (PM 38209)
Parcel Map
A.19.a
Packet Pg. 507
Attachment: Vicinity Map - PEN21-0162 (PM 38209) (5920 : PEN21-0162 (PM 38209) - APPROVE PARCEL MAP FOR FINANCE AND
Report to City Council
ID#5919 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer
AGENDA DATE: September 6, 2022
TITLE: PEN20-0063 (TR 37909) – APPROVE COOPERATIVE
AGREEMENT BETWEEN THE RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, THE CITY, AND BEAZER HOMES HOLDINGS
FOR THE SUNNYMEAD MDP, LINE M –2, STAGE 3
STORM DRAIN LOCATED ON IRIS AVENUE EAST OF
PERRIS BOULEVARD. DEVELOPER: BEAZER HOMES
HOLDINGS
RECOMMENDED ACTION
Recommendations:
1. Approve the Cooperative Agreement with the Riverside County Flood Control and Water Conservation District (the District), the City of Moreno Valley, and Beazer Homes, LLC (Developer), for the Sunnymead MDP line M-2, Stage 3.
2. Authorize the City Manager to execute the Cooperative Agreement , and any amendments contingent upon approval of the City Attorney.
3. Direct the City Clerk to forward the signed Cooperative Agreement to the District.
SUMMARY
This report recommends approval of the Cooperative Agreement between the District, the City, and Beazer Homes, LLC to allow for the construction of storm drain facilities.
As a condition of approval for PEN20 -0063 (TR 37909), an 81 single -family residential lot development, the City requires the developer to construct certain public improvements in order to provide flood protection and drainage as a result of the developer’s planned development. The Cooperative Agreement (Attachment 2) is the District’s mechanism by which the District, the City, and the Developer coordinate the construction and maintenance of master storm drain facilities.
A.20
Packet Pg. 508
DISCUSSION
On February 2, 2021, the City Council of the City of Moreno Valley approved Tentative Tract Map 37909. The project is fo r the construction of 81 single -family residential lots on approximately 10.8 acres. The project site is located south of Iris Avenue, east of Perris Boulevard. (Attachment 1). The required facility for this project inclu des the construction of a 48-inch reinforced concrete pipe of approximately 722 lineal feet. The District’s maintenance responsibility shall be this 48-inch reinforced concrete pipe which connects their storm drain at the downstream end.
The Developer will be responsible for the design and construction of the project improvements. The Developer will prepare plans and spe cifications in accordance with the District’s and the City’s standards and submit improvement plans to the District and the City for review and approval. The City and the District have different responsibilities as identified in the Cooperative Agreement including those pertaining to maintenance and operation. The City will review the plans and specifications, provide inspection for the construction, and accept responsibility for the operation and maintenance of the City’s drainage facilities, limited to storm drain laterals and catch basins, if the developer meets all requirements of the agreement. The District will review the plans and specifications, provide inspection for the construction, and accept ownership and responsibility for the maintenance of the District’s drainage facilities, if the developer meets all requirements of the agreement.
Prior to the construction of the facility or recordation of the final map, whichever occurs first, the Developer will be required to submit bonds for the improv ements and execute an Agreement for Public Improvements, as approved by the Public Works Director/City Engineer for PEN20 -0063. The Agreement will include a Faithful Performance bond and Material and Labor bond for both the District’s drainage facility an d the City’s drainage facility. The storm drain portion of the bonds will be held by the City until completion of the storm drain and acceptance of the storm drain improvements by the City and the District.
ALTERNATIVES
1. Approve and authorize the recommen ded actions as presented in this staff report. Staff recommends this alternative as it will allow the project to construct master drainage plan storm drain facilities.
2. Do not approve and do not authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will not allow the project to construct master drainage plan storm drain facilities.
FISCAL IMPACT
No fiscal impact is anticipated.
NOTIFICATION
A.20
Packet Pg. 509
Publication of agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Hoang Nguyen, P.E. Michael Lloyd, P.E.
Associate Engineer II Public Works Director/City Engineer
Concurred By: Concurred By:
Clement Jimenez, P.E. Melissa Walker, P.E.
Principal Engineer Engineering Division Manager/Assistant City Engineer
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.2: Develop and maintain a comprehensive Infrast ructure Plan to invest in and deliver City infrastructure.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Vicinity Map - PEN20-0063 (TR 37909)
2. Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3
APPROVALS
Budget Officer Approval ✓ Approved . 8/28/22 4:13 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/30/22 11:33 AM A.20
Packet Pg. 510
CITY OF MORENO VALLEY
PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT
PEN20-0063 (TR 37909)
Final Map
A.20.a
Packet Pg. 511
Attachment: Vicinity Map - PEN20-0063 (TR 37909) (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE AGREEMENT) 245190
- 1 -
COOPERATIVE AGREEMENT
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
This Cooperative Agreement ( "Agreement"), dated as of ___________________, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), the City of Moreno Valley, a municipal corporation of the State of California ( "CITY"), and Beazer Homes Holdings, LLC, a Delaware limited liability corporation ("DEVELOPER"). DISTRICT, CITY and DEVELOPER are individually referred to herein as "Party" and collectively referred to herein as "Parties". The Parties hereto hereby agree as follows:
RECITALS
A. DEVELOPER is the legal owner of record of certain real property located within the City of Moreno Valley and has submitted for approval Tract Map No. 37909 related to the property. The legal description of the property related to Tract Map No. 37909 is provided in Exhibit "A", attached hereto and made a part hereof; and B. DEVELOPER has submitted for approval Tract Map No. 37909, related to the property, which is located in the City of Moreno Valley. As a condition of approval for Tract Map No. 37909, DEVELOPER must construct certain flood control facilities in order to provide flood protection and drainage for DEVELOPER's planned development; and C. The required flood control facilities and drainage improvement s related to Tract Map No. 37909 are identified in DISTRICT's Sunnymead Master Drainage Plan ("MDP"), as shown on DISTRICTꞌs Drawing No. 4 -1209 and shown in concept on Exhibit "B", attached hereto and made a part hereof, and includes the construction of:
i. Sunnymead MDP - LINE M -2, Stage 3 ("LINE M -2 STAGE 3") consisting of a pproximately 722 lineal feet of 48-inch reinforced A.20.b
Packet Pg. 512
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 2 -
concrete pipe, as shown in "blue" on Exhibit "B". At the downstream terminus, LINE M -2 STAGE 3 will connect to the DISTRICT's Sunnymead MDP Line M -2 facility (DISTRICT's Drawing No. 4 - 0385). At its upstream terminus, LINE M -2 STAGE 3 ends with concrete bulkhead for future extension; and
ii. All safety devices requested by DISTRICT staff during the course of project construction and during any final field inspections, including, but not limited to, concrete pads, slope protection barriers, signage and fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be
purchased and installed by DEVELOPER's contractor and are subject to DISTRICT's inspection and approval.
iii. Together, LINE M -2 STAGE 3, and SAFETY DEVICES are hereinafter called "DISTRICT DRAINAGE FACILITIES"; and
D. Associated with the construction of DISTRICT DRAINAGE FACILITIES are the construction of various catch basins, curbs and gutters, connector pipes, and certain lateral storm drains that are thirty -six inches (36 ") o r less in diameter within CITY 's right of way, hereinafter called "CITY FACILITIES"; and
E. Together, DISTRICT DRAINAGE FACILITIES and CITY FACILITIES are hereinafter called "PROJECT"; and
F. Tract Map No. 37909 is located within Sunnymead Area Drainage Plan ("SUNNYMEAD ADP"). The SUNNYMEAD ADP fee obligation for Tract Map No. 37909 ("SUNNYMEAD ADP OBLIGATION") shall be calculated in accordance with the "Rules and Regulations for Administration of Sunnymead Area Drainage Plans", adopted dated September 16, 1980, and as amended ("RULES"); and
A.20.b
Packet Pg. 513
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 3 -
G. LINE M -2 STAGE 3 is an identified segment of SUNNYMEAD ADP ("SUNNYMEAD ADP FACILITY"); and
H. Pursuant to the RULES and the provisions of this Agreement, if DISTRICT estimates that upon constructing LINE M -2 STAGE 3 , DEVELOPER would earn SUNNYMEAD ADP fee credit ("SUNNYMEAD ADP CREDIT") for constructing the SUNNYMEAD ADP FACILITY, SUNNYMEAD ADP CREDIT may be used to satis fy the SUNNYMEAD ADP fee obligation for future development for properties located within the boundaries of the SUNNYMEAD ADP, hereinafter called "ELIGIBLE PROPERTIES"; and I. DEVELOPER and DISTRICT desire CITY to accept ownership and the responsibility for the operation and maintenance of CITY FACILITIES; and J. DEVELOPER and CITY desire DISTRICT to accept ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES; and K. DISTRICT is willing to accept ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES provided DEVELOPER performs all of the following: (a) complies with this Agreement, (b) prepares PROJECT plans in accordance with DISTRICT and CITY approved plans and specifications and this Agreement, (c) constructs PROJECT in accordance with DISTRICT and CITY approved plans and specifications, (d) accepts ownership and responsibility for the operation and maintenance of PROJECT following completion of PROJECT construction until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES and CITY accepts ownership and responsibility for the operation and maintenance of CITY FACILITIES.
L. CITY is willing to (i) review and approve, in conjunction with DISTRICT, DEVELOPER's plans and specifications for PROJECT, (ii) accept and hold faithful performance A.20.b
Packet Pg. 514
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 4 -
and payment bonds submitted by DEVELOPER on behalf of DISTRICT for DISTRICT DRAINAGE FACILITIES and C ITY for C ITY FACILITIES , (iii) inspect the construction of PROJECT, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way, and (v) accept ownership and responsibility for the operation and maintenance of CITY FACILITIES, provided PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
DEVELOPER shall:
1. Prepare PROJECT plans and specifications , hereinafter called "IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and submit to DISTRICT and CITY for their respective review and approval.
2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic billings from DISTRICT, an y and all such amounts as are deemed reasonably necessary by DISTRICT to cover DISTRICT 's costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the processing and administration of this Agreement and (iii) construction inspection cos ts. Additionally, DEVELOPER shall pay CITY, within thirty (30) calendar days after receipt of periodic billings from CITY, any and all such amounts as are deemed reasonably necessary by CITY to cover CITY 's costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the review and approval of right s of way and conveyance documents, (iii) the processing and administration of this Agreement and (iv) construction inspection costs.
A.20.b
Packet Pg. 515
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 5 -
3. By execution of this Agreement, grant DISTRICT and CITY, the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performing inspection services for the construction of PROJECT, as set forth herein.
4. Upon execution of this Agreement , or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map No. 37909 or any phase thereof, whichever occurs first, provide CITY with faithful performance and payment bonds in accordance with CITY's municipal code or ordinance, including any amendments thereto, for the estimated cost for construction of (i) DISTRICT DRAINAGE FACILITIES as determined by DISTRICT, and (ii) of CITY FACILITIES as determined by CITY. The surety, amount and form of the bonds, shall list CITY as an oblige and shall be subject to approval of DISTRICT (Attention: Contract Services Section) and CITY. The bonds shall remain in full force and effect until DISTRICT DRAINAGE FACILITIES are accepted by DISTRICT and C ITY FACILITIES are accepted b y C ITY as complete. Both bonds shall be subscribed by an Admitted Surety Insurer, which is authorized to transact surety insurance business in the State of California with a policy holder 's rating of A or higher and a Financial Class of VII or larger. Sh ould any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY.
5. Upon DISTRICT and CITY's approval of IMPROVEMENT PLANS, deposit with DISTRICT (Attention: Business Office – Accounts Receivable), and notify Contract Services Section , the estimated cost of providing construction inspection for DISTRICT DRAINAGE FACILITIES, in an amount as determined and approved by DISTRICT i n a c c o r d a n c e w i t h CITY's municipal code or ordinance, including any amendments thereto, based upon the bonded value of DISTRICT DRAINAGE FACILITIES.
A.20.b
Packet Pg. 516
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 6 -
6. Upon DISTRICT's and CITY's approval of IMPROVEMENT PLANS, furnish DISTRICT (Attention: Contract Services Section), with a complete list of all contrac tors and subcontractors to be performing work on PROJECT, including the corresponding license number and license classification of each. At such time, DEVELOPER shall further identify in writing its designated superintendent for PROJECT construction.
7. Upon DISTRICT and CITY's approval of IMPROVEMENT PLANS, furnish DISTRICT (Attention: Contract Services Section), with a construction schedule which shall show the order and dates in which DEVELOPER or DEVELOPER 's contractor proposes to carry out the various pa rts of work, including estimated start and completion dates. As construction of PROJECT progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT.
8. Upon DISTRICT and CITY's approval of IMPROVEMENT PLANS, furnish DISTRICT (Attention: Contract Services Section), with a confined space entry procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space Operat ions; Section 5157, Permit Required Confined Space; and District Confined Space Procedures, SOM -18. The procedure shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to Proceed, which shall be given by DISTRICT to DEVELOPER upon D ISTRICT's and CITY 's approval.
9. Upon DISTRICT and CITY's approval of IMPROVEMENT PLANS, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adh ere to DISTRICTꞌs required insurance provided in Exhibit "C", attached hereto and made a part hereof. DEVELOPER shall not commence operations until DISTRICT (Attention: Contract Services Section) and CITY A.20.b
Packet Pg. 517
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 7 -
have been furnished with original certificate(s) o f insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to DEVELOPER that DISTRICT is unable to perform its obligations hereunder, nor to accept responsibility for o wnership, operation and maintenance of DISTRICT DRAINAGE FACILITIES due, either in whole or in part, to said breach of this Agreement.
10. Upon DISTRICT and CITY's approval of IMPROVEMENT PLANS, or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map No. 37909 or any phase thereof, whichever occurs first, furnish DISTRICT (Attention: Plan Check Section) and CITY with sufficient evidence of DEVELOPER having secured such necessary licenses, agreements, permits, approvals, ri ghts of way, rights of entry and temporary construction easements, as may be needed for the construction, inspection, operation and maintenance of PROJECT as determined and approved by DISTRICT and CITY.
11. [INTENTIONALLY DELETED]
12. [INTENTIONALLY DELETED]
13. Furnish DISTRICT (Attention: Plan Check Section) and CITY each with a set of final mylar plans PROJECT plans and assign their ownership to DISTRICT and CITY respectively prior to the start on any portion of PROJECT construction.
14. After receiving DISTRICT's plan check and administrative clearance for PROJECT construction, as set forth in Sections I. 4 through I.13., notify DISTRICT (Attention:
Construction Management Section) and CITY with twenty (20) calendar days written notice of intent to start of construction of PROJECT, and include PROJECT 's geotechnical firm, concrete A.20.b
Packet Pg. 518
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 8 -
lab/test firm, D-Load test forms, trench shoring/false work calculations and concrete mix designs for DISTRICT's review and approval. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to commence construction of PROJECT. DISTRICT reserves the right to withhold issuance of the Notice to Proceed in accordance with Section IV.3.
15. Prior to commencing construction, obtain, at its sole cost and expense , and furnish DISTRICT (Attention: Plan Check Section) and CITY with copies of all permits, approvals or agreements required by any federal, state, or local resource and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such documents include, but are not limited to, those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").
16. Not permit any change to or modification of DISTRICT and CITY approved IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT and CITY.
17. Comply with all Cal/OSHA safety regulations, including, but not limited to, regulations concerni ng confined space and maintain a safe working environment for DEVELOPER, DISTRICT and CITY employees on the site.
18. Upon receipt of DISTRICT’s written Notice to Proceed, construct or cause to be constructed PROJECT at DEVELOPER 's sole cost and expense, in ac cordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
19. Within two (2) weeks of completing PROJECT construction, provide DISTRICT (Attention: Construction Management Section) and CITY with written notice that A.20.b
Packet Pg. 519
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 9 -
PROJECT construction is substantially compl ete and requesting that DISTRICT conduct a final inspection of DISTRICT DRAINAGE FACILITIES and CITY conduct a final inspection of PROJECT.
20. [INTENTIONALLY DELETED]
21. [INTENTIONALLY DELETED]
22. Upon completion of PROJECT construction, a ccept ownership, sole responsibility and all liability whatsoever for the operation and maintenance of PROJECT until such time as (i) DISTRICT accepts ownership and responsibility for operation and maintenance of DISTRICT DRAINAGE FACILITIES; and (ii) CITY accepts ownership and responsibility for operation and maintenance of CITY FACILITIES. If, subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT DRAINAGE FACILITIES is not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.
23. Upon completion of PROJECT construction but prior to DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT (Attention: Construction Management Section), with (i) soil compaction report(s) – stamped and wet signed by the geotechnical engineer , (ii) concrete testing report(s) – stamped and wet sign ed by the civil engineer of record and (iii) a redlined "record drawings" copy of IMPROVEMENT PLANS. After DISTRICT approval of the redlined "record drawings", DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's original mylars at DISTRICT's office; after which, the engineer shall review, stamp and sign the original IMPROVEMENT PLANS as " record drawings".
A.20.b
Packet Pg. 520
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 10 -
24. Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable local, state and federal laws and regulations, including, but not limited to, all applicable provisions of the Labor Code, Business and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.
25. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered.
SECTION II
DISTRICT shall:
1. Review IMPROVEMENT PLANS and approve when DISTRICT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS prior to DISTRICT's final approval.
3. Upon execution of this Agreement, record or cause to be recorded a copy of this Agreement in the Official Records of the Riverside County Recorder.
4. [INTENTIONALLY DELETED]
5. Endeavor to issue DEVELOPER a Notice to Proceed with twenty (20) calendar days of receipt of DEVELOPER's complete written notice of intent to start of construction of PROJECT as set forth in Section I.1 4.; however, DISTRICT's construction inspection staff is limited and, therefore, the issuance of a Notice to Proceed is subject to staff availability.
A.20.b
Packet Pg. 521
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 11 -
6. Reserves the right to withhold issuance of the Notice to Proceed pursuant to Section IV.3.
7. Inspect construction of DISTRICT DRAINAGE FACILITIES.
8. Keep an accurate accounting and submit periodic invoices to DEVELOPER of all DISTRICT costs associated with the (i) review and approval of IMPROVEMENT PLANS, and (ii) processing and administration of this Agreement.
9. Keep an accurate accounting of all DISTRICT construction inspection costs and within forty-five (45) calendar days after DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit as set forth in Section I.5. exceeds such inspection costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) calendar days after DISTRICT 's acceptance of DISTRICT DRAINAGE FACILITIES as being complete.
10. Upon (i) DISTRICT acceptance of PROJECT construction as being complete and (ii) DISTRICT receipt of stamped and signed "record drawing" of IMPROVEMENT PLANS as set forth in Section I.23, provide DEVELOPER with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLANS.
11. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES , DISTRICT DRAINAGE FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT.
If, subsequent to any inspection and in the sole discretion of DISTRICT, DISTRICT DRAINAGE FACILITIES are not in an acceptable condition, corrections shall be made at sole exp ense of DEVELOPER.
12. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT inspection of DISTRICT A.20.b
Packet Pg. 522
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 12 -
DRAINAGE FACILITIES in accordance with Section I.19., (ii) DISTRICT acceptance of PROJECT construction as being complete, (iii) DISTRICT receipt of stamped and signed "record drawings" of IMPROVEMENT PLANS as set forth in Section I.23., (iv) DISTRICT DRAINAGE FACILITIES are fully functioning as a flood control drainage system as solely determi ned by DISTRICT and (vi) DISTRICT 's sole determination that DISTRICT DRAINAGE FACILITIES are in a satisfactorily maintained condition.
13. Upon (i) DISTRICT acceptance of PROJECT construction as being complete and (ii) DISTRICT receipt of stamped and signed "record drawing" of IMPROVEMENT PLANS, as set forth in Section I.23., provide CITY with (i) a reproducible duplicate copy of "record drawings" of constructed DISTRICT DRAINAGE FACILITIES, (ii) a written notice that PROJECT is complete , and (iii) request CITY release bonds held for DISTRICT DRAINAGE FACILITIES and CITY FACILITIES.
SECTION III
CITY shall:
1. Review IMPROVEMENT PLANS and approve when CITY has
determined that such plans meet CITY standards and are found acceptable to CITY prior to the start of PROJECT construction . CITY shall not request any modifications on the IMPROVEMENT PLANS without prior DISTRICT approval.
2. Accept CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER, in accordance with the CITY's municipal code or ordinance, including any amendments thereto, for the estimated cost for construction of DISTRICT DRAINAGE FACILITIES as determined by DISTRICT and of CITY FACILITIES as determined by CITY and hold said bonds as provided in this Agreement. The surety, amount and form of the bonds, shall list CITY as an obligee and shall be subject to approval of DISTRICT (Attention:
A.20.b
Packet Pg. 523
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 13 -
Contract Services Section) and CITY. The bonds shall remain in full force and effect until DISTRICT DRAINAGE FACILITIES are accepted by DISTRICT and CITY FACILITIES are accepted by CITY as complete. Both bonds shall be subscribed by an Admitted Surety Insurer, which is authorized to transact surety insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or larger. Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY. CITY shall not release said bonds until DISTRICT provide s CITY with a reproducible duplicate copy of "record drawings" and written notification that the PROJECT is complete, as set forth in Section II.13.
3. Request DEVELOPER to update the construction schedule, as deemed necessary.
4. Grant DISTRICT, by execution of this Agreement, the right to inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way.
5. [INTENTIONALLY DELETED]
6. [INTENTIONALLY DELETED]
7. Inspect PROJECT construction.
8. [INTENTIONALLY DELETED]
9. Accept ownership and sole responsibility for the operation and maintenance of CITY FACILITIES upon (i) DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance, ii) CITY's final inspection of CITY FACILITIES, and (iii) C ITY's sole determination that C ITY FAC ILITIES are in a satisfactorily maintained condition.
10. Release occupancy permits in accordance with the approved Conditions of Approval for Tract Map No. 37909.
A.20.b
Packet Pg. 524
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 14 -
11. Upon DISTRICT and CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portions of DISTRICT DRAINAGE FACILITIES are improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
SECTION IV
It is further mutually agreed:
1. All construction work involved with PROJECT shall be inspected by DEVELOPER, DISTRICT and CITY but shall not be deemed complete until DISTRICT and CITY mutually agree in writing that construction of PROJECT is completed in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
2. DISTRICT and CITY personnel may observe and inspect all work being done on DISTRICT DRAINAGE FACILITIES but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DEVELOPER's contractor(s) during the construction of PROJECT.
3. If DEVELOPER fails to commence construction of PROJECT within twenty-four (24) consecutive months after execution of this Agreement, then DISTRICT reserves the right to withhold issuance of the Notice to Proceed after this period of time pending a review of the existing site conditions as they exist at the time DEVELOPER provides written notification to DISTRICT of the start of construction as set forth in Section I.14. In the event of a change in the existing site co nditions that materially affects PROJECT function or DISTRICT's ability to operate and maintain DISTRICT FACILITIES, DISTRICT may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by DISTRICT.
A.20.b
Packet Pg. 525
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 15 -
4. If DEVELOPER fails to complete construction of PROJECT within twelve (12) months after commencement of construction of PROJECT, it is expressly understood that since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute authority for CITY to perform the remaining work and require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT from the funds paid by DEVELOPER's surety for any DISTRICT costs incurred . DISTRICT may withhold acceptance for ownership and sole responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES unless and until DEVELOPER performs all obligations under the Agreement.
5. In the event DEVELOPER wishes to expedite issuance of a Notice to Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation of the individual's credentials and experience to DISTRICT for review and, if appropriate, approval.
DISTRICT shall review the individual's qualifications and experience, and upon approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR ", shall be authorized to act on DISTRICT's behalf on all DISTRICT DRAINAGE FACILITIES construction and quality control matters. If DEVELOPER 's initial construction inspection deposit furnished pursuant to Section I.5. exceeds Ten Thousand Dollars ($10,000), DISTRICT shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER's initial inspection deposit within forty -five (45) calendar days of DISTRICT 's approval of DEPUTY INSPECTOR; however, a minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is necessary to A.20.b
Packet Pg. 526
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 16 -
work more than the normal forty (40) hour work week or on DISTRICT or CITY designated legal holidays, DEVELOPER shall make a written request for permission from DISTRICT and CITY to work the additional hours. The request shall be submitted to DISTRICT and CITY at least seventy-two (72) hours prior to the requested additional work hours and state the reasons for the overtime and the specific time frames required. The decision of granting permission for overtime work shall be made by DISTRICT and CITY at their sole discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with the CITY's municipal code or ordinance, including any amendments thereto.
7. DEVELOPER shall indemnify , defend, and hold harmless , and require DEVELOPER's construction contractor(s) to i ndemnify, defend and hold harmless, the DISTRICT, the County of Riverside and CITY (including their respective Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, contractors, agents and representatives) ( individually and collectively hereinafter referred to as "Indemnitees") from any liability action, claim or damage whatsoever, based or asserted upon any acts, omissions, or services of DEVELOPER and/or DEVELOPER's construction contractor(s), (including their respective officers, employees, subcontractors, agents or representatives) (individually and collectively hereinafter referred to as "Indemnitors") arising out of or in any way relating to this A greement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever.
DEVELOPER or DEVELOPER's construction contractor(s) shall defend, at its sole expense, the Indemnitees, including all co sts and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards), in any claim or action based upon such alleged A.20.b
Packet Pg. 527
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 17 -
acts or omissions . All applicable indemnification provisions of this Agreement shall remain in effect following the termination of the Agreement.
8. With respect to any action or claim subject to indemnification herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and may adjust, settle, compro mise any such claim only with the prior consent of DISTRICT, the County of Riverside and CITY. Any such adjustment, settlement or compromise shall not in any manner whatsoever limit or circumscribe DEVELOPER's indemnification obligations to Indemnitees as set forth herein.
9. DEVELOPER and DEVELOPER 's construction contractor(s) indemnification obligations hereunder shall be satisfied when DEVELOPER or DEVELOPER's construction contractor(s) has provided to DISTRICT and CITY the appropriate form of dismissal (or similar document) relieving DISTRICT , the County of Riverside, or CITY from any liability for the claim, proceeding or action involved.
10. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPE R or DEVELOPER's construction contractor(s) obligations to indemnify and hold harmless the Indemnitees herein from third party claims.
11. In the event there is conflict between this section and California Civil Code Section 2782, this section shall be interpreted to comply with California Civil Code Section 2782.
Such interpretation shall not relieve DEVELOPER or DEVELOPER's construction contractor(s) from indemnifying the Indemnitees to the fullest extent allowed by law.
12. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT, the County of Riverside, and CITY (including their respective agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) from any and all claims, demands, A.20.b
Packet Pg. 528
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 18 -
actions or suits of any kind arising out of any liability, known or unknown, present or future, including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a release of DEVELOPER by DISTRICT, the County of Riverside, or CITY (including each of their respective Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of PROJECT, after the acceptance of PROJECT by DISTRICT and CITY , as described in this Agreement.
13. Any waiver by any Party hereto of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breac h of the same or of any other term hereof. Failure on the part of any Party hereto to require exact, full and complete compliance with any terms of this Agreement of any other Party shall not be construed as in any manner changing the terms hereof, or sto pping such Party from enforcement hereof.
14. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contracts Services Section
A.20.b
Packet Pg. 529
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 19 -
To CITY: CITY OF MORENO VALLEY
14177 Frederick Street
Moreno Valley, CA 92552
Attn: Michael Lloyd
To DEVELOPER: BEAZER HOMES HOLDINGS, LLC
310 Commerce Street
Irvine, CA 92602
Attn: Gavin Percy
15. This Agreement is to be construed in accordance with the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
16. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other County.
17. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have n o import ance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
18. The provisions of this Agreement are solely for the benefit of the Parties, and not for the benefit of any third party. Accordingly, no third party shall have any right or action based on the provisions of this Agreement.
19. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.
A.20.b
Packet Pg. 530
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 20 -
20. No Party shall assign this Agreement without the written consent of all other Parties. Any attempt to delegate or assign any interest herein without written consent of all other Parties shall be deemed void and of no effect.
21. In the event DEVELOPER sells Tract Map No. 37909, DEVELOPER shall notify DISTRICT and CITY of any such transfer or assignment in writing no later than thirty (30) calendar days from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties in this Agreement until DISTRICT, CITY, DEVELOPER and the new owner(s) of Tract Map No. 37909 fully execute an assignment and assumption agreement that transfers all DEVELOPER 's rights, duties or obligations in this Agreement to the new owner(s) of Tract Map No. 37909.
22. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement and have been authorized to do so by all boards of directors, legal counsel, and/or any other board, committee or other entity within their respective com pany(ies) which have the authority to authorize or deny entering into this Agreement.
23. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
24. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
//
A.20.b
Packet Pg. 531
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 21 -
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
.
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM:
ATTEST:
COUNTY COUNSEL
KECIA HARPER
Clerk of the Board
By
SARAH K. MOORE
Deputy County Counsel
By
Deputy
(SEAL)
[Signed in Counterpart]
Cooperative Agreement:
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
AMR:blm:amh
08/05/22
A.20.b
Packet Pg. 532
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 22 -
RECOMMENDED FOR APPROVAL: CITY OF MORENO VALLEY
By
MIKE LEE
City Manager
APPROVED AS TO FORM:
ATTEST:
By
STEVE QUINTANILLA
Interim City Attorney
By
JANE HALSTEAD
City Clerk
(SEAL)
Cooperative Agreement:
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
AMR:blm:amh
08/05/22
A.20.b
Packet Pg. 533
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE 245190
- 23 -
BEAZER HOMES HOLDINGS, LLC,
a Delaware limited liability corporation
By
GAVIN PERCY
Authorized Signatory – West Region
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Cooperative Agreement:
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
AMR:blm:amh
08/05/22
A.20.b
Packet Pg. 534
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE Exhibit A
COOPERATIVE AGREEMENT
A.20.b
Packet Pg. 535
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE
EXHIBIT B
A.20.b
Packet Pg. 536
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909)
DISTRICT's Insurance Requirements is as follows:
Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s du ring the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives a s Additional Insureds.
A. Workers' Compensation:
If DEVELOPER has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, p roducts and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of DEVELOPER's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
EXHIBIT C
COOPERATIVE AGREEMENT
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
A.20.b
Packet Pg. 537
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE
C. Vehicle Liability:
If DEVELOPER's vehicles or mobile equipment are used in the performance of the obligations under this Agreement , then DEVELOPER shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.
D. Professional Liability:
DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the p erformance of DEVELOPER's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.
COOPERATIVE AGREEMENT
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
A.20.b
Packet Pg. 538
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE
E. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The DEVELOPER must declare its insurance self-insured retention for each coverage required herein. I f any such self -insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, DEVELOPER's carriers shall either: 1) reduce or eliminate such self -insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c. DEVELOPER shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said cer tificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days
COOPERATIVE AGREEMENT
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
A.20.b
Packet Pg. 539
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE
written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in cover age of such insurance. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement found herein, DEVELOPER shall cause DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
d. In the event of a m aterial modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. e. It is understood and agreed by the parties hereto that DEVELOPER 's insurance shall be construed as pr imary insurance, and DISTRICT's insurance and/or deduc tibles and/or self -insured retentions or self - insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits o f liability for the insurance coverages currently
COOPERATIVE AGREEMENT
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
A.20.b
Packet Pg. 540
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE
COOPERATIVE AGREEMENT
Sunnymead MDP - Line M-2, Stage 3
Project No. 4-0-00686
Tract Map No. 37909
required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by DEVELOPER has become inadequate.
g. DEVELOPER shall pass down the insurance obligations con tained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT. i. DEVELOPER agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
A.20.b
Packet Pg. 541
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909) – APPROVE COOPERATIVE
EXHIBIT B
A.20.b
Packet Pg. 542
Attachment: Cooperative Agreement - Sunnymead MDP Line M-2, Stage 3 (5919 : PEN20-0063 (TR 37909)
Report to City Council
ID#5892 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: September 6, 2022
TITLE: PURSUANT TO LAN DOWNER PETITIONS, ANNEX
CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 28 -35 AND 38 -39 (RESO. NOS. CSD
2022- __ - __)
RECOMMENDED ACTION
Recommendation:
1. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 28) (Rivard Road, LLC, located north of Rivard Rd., west of Perris Blvd.)).
2. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 29) (Juan P. and Gloria L. Chavez, located at 25675 Aspenwood Ct.)
3. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and B.6
Packet Pg. 543
approving the amended map for said District (Amendment No. 30) ( KJ Duarte, located at 25542 Overlook Circle).
4. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 31) (FPG- SUN MORENO VALLEY 66 , located at the southwest corner of Perris Blvd. and Krameria Ave.)
5. Adopt 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 territory to City o f Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 32) (Boos- JL Moreno, LLC , located north of Eucalyptus Ave. , east of Stoneridge Ranch)
6. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 33) (Via del Lagos Homes, LLC , located at the southwest corner of Via del Lago and Iris Ave.)
7. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 34) (Michael William Delatorre, located north of Cactus along the north side of Bradshaw Circle).
8. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 35) (KB Home Coastal Inc. , located at the northwest corner of Bay Ave . and Moreno Beach Dr.).
9. Adopt 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 territory to City of Moreno Valley B.6
Packet Pg. 544
Community Facilities District No. 2021-01 ( Parks Maintenance) and approving the amended map for said District (Amendment No. 38) (Inland Iris Partners, LLC , located at the southwest corner of Iris Ave. and Perris Blvd.).
10. Adopt 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 territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 39) (Raul, Itzayana and Isora Canales, located at 24937 Atwood Ave.).
SUMMARY
Adoption of the resolution s (Attachments 1-10) will certify the annexation of 20 parcels into Community Facilities District (CFD) No. 2021-01 (Parks Maintenance) (“District”).
This action impacts only the property owners identified below, not the general citizens or taxpayers of the City.
DISCUSSION
As a condition of approval for the development projects identified below, the applicants are required to provide an ongoing funding so urce for maintenance of certain public facilities (e.g., parks). The funding is used to mitigate the cost of the impacts created by the proposed development.
B.6
Packet Pg. 545
On June 1, 2021, the CSD Board formed CFD N o. 2021-01, pursuant to the Mello-Roos Community Facilities Act of 1982. The District was created to provide the development community with an alternative funding tool to mitigate the impacts of their proposed development. If a property owner elects to ann ex the parcels of their development into the District, they also authorize the CSD to annually levy a special tax, collected on the annual property tax bill, against property in the development project. Thus, satisfying the condition of approval.
On December 21, 2021 , the CSD Board adopted Ordinance No. 56, which designated the entire territory of the City as a future annexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner provides unanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.
An applicant has two options to satisfy the condition of approval:
1. The property owner s ubmits a Landowner Petition unanimously approving annexation of the property into the District. Approval of the petition and Property Owner
Project
ACP Record #s
Amendment
No. APNs Location
Rivard Road, LLC
Industrial Business Park
SCP22-0032
28 316-190-024 North of Rivard Rd., west
of Perris Blvd.
Juan P. and Gloria L. Chavez
Accessory Dwelling Unit (ADU)
SCP22-0034
29 474-181-019 25675 Aspenwood Ct.
KJ Duarte
Custom Home
SCP22-0039
30 474-180-012 25542 Overlook Circle
FPG-SUN MORENO VALLEY 66
66 Single-Family Homes
SCP22-0023
31 316-110-005, 316-110-006,
316-110-022, 316-110-023,
and 316-110-024
Southwest corner of Perris
Blvd. and Krameria Ave.
Boos-JL Moreno, LLC
Jiffy Lube
SCP22-0037
32 488-400-022 North of Eucalyptus Ave.,
east of Stoneridge Ranch
Via del Lagos Homes, LLC
135 Condominiums
SCP22-0048
33 304-600-001, 304-600-002,
304-600-003, 304-600-004,
and 304-600-005
Southwest corner of Via
del Lago and Iris Ave.
Michael William Delatorre
6 Single-Family Homes
SCP22-0043
34 478-090-019
North of Cactus along the
north side of Bradshaw
Circle
KB Home Coastal Inc.
78 Single-Family Homes
SCP22-0049
35 488-200-025 Northwest corner of Bay
Ave and Moreno Beach Dr.
Inland Iris Partners, LLC
Commercial Center
SCP22-0026
38 316-030-023, 316-030-024,
and 316-030-025
Southwest corner of Iris
Ave. and Perris Blvd.
Raul, Itzayana and Isora Canales
Accessory Dwelling Unit (ADU)
SCP22-0038
39 482-060-013 24937 Atwood Ave.
B.6
Packet Pg. 546
special tax rate allows the City to annually levy the special tax on the property tax bill of the property. This option is only available if there are fewer than 12 registered voters living within the proposed annexation area; or
2. The applicant funds an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation and provides for the ongoing operation and maintenance of parks facilities.
The Property Owners listed above elected to annex their property into CFD No. 2021-01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed the number of registered voters residing at each property, allowing a special election of the landowner. Adoption of the resolutions (Attachments 1-10) amends the District and adds the property to the tax rate area identified in the Fiscal Impact section o f this report. The resolutions also direct the recordation of the boundary map s (Attachments 11-20) and amended notice of special tax lien s for the amendments. The Election Official confirmed the Property Owner s unanimously approved the annexation of their property into the District (Attachments 21- 30).
ALTERNATIVES
1. Adopt the resolutions. Staff recommends this alternative since it will annex the propert ies into CFD No. 2021-01 at the request of the Property Owners and satisfy the condition of approval for the proposed developments.
2. Do not adopt the resolution s. Staff does not recommend this alternative because it is contrary to the request of the Property Owner s, will not satisfy the condition of approval, and may delay development of the projects.
3. Do not adopt the resolution s but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this alternative as it will delay the Property Owner s from satisfying the condition of approval and may delay development of the projects.
FISCAL IMPACT
Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the q ualified electors (i.e., landowners or registered voters, depending upon the number of registered voters) have previously provided approval. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all of the properties within the affected tax rate area. The maximum special tax rates are detailed below.
B.6
Packet Pg. 547
The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater.
However, the annual adjustment cannot be applied unless the CSD Board annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate area.
NOTIFICATION
Landowner Petitions were emailed to the Property Owners the first week of August.
PREPARATION OF STAFF REPORT
Prepared by: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager
Concurred by:
Jeremy Bubnick
Parks & Community Services Director
Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
Rivard Road, LLC
Industrial Business Park
SCP22-0032
28 Industrial $9.59 per 1,000 Feet of
Building Square Footage
Juan P. and Gloria L. Chavez
Accessory Dwelling Unit (ADU)
SCP22-0034
29 Single-Family $308.39 per unit
KJ Duarte
Custom Home
SCP22-0039
30 Single-Family $308.39 per unit
FPG-SUN MORENO VALLEY 66
66 Single-Family Homes
SCP22-0023
31 Single-Family $308.39 per unit
Boos-JL Moreno, LLC
Jiffy Lube
SCP22-0037
32 Commercial $19.77 per 1,000 Feet of
Building Square Footage
Via del Lagos Homes, LLC
135 Condominiums
SCP22-0048
33 Multi-Family $308.39 per unit
Michael William Delatorre
6 Single-Family Homes
SCP22-0043
34 Single-Family $308.39 per unit
KB Home Coastal Inc.
78 Single-Family Homes
SCP22-0049
35 Single-Family $308.39 per unit
Inland Iris Partners, LLC
Commercial Center
SCP22-0026
38 Commercial $19.77 per 1,000 Feet of
Building Square Footage
Raul, Itzayana and Isora Canales
Accessory Dwelling Unit (ADU)
SCP22-0038
39 Single-Family $308.39 per unit
B.6
Packet Pg. 548
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
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 neighborh ood 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
Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.
Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements w hich 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. Resolution Ordering Annexation - Amendment No. 28
2. Resolution Ordering Annexation - Amendment No. 29
3. Resolution Ordering Annexation - Amendment No. 30
4. Resolution Ordering Annexation - Amendment No. 31
5. Resolution Ordering Annexation - Amendment No. 32
6. Resolution Ordering Annexation - Amendment No. 33
B.6
Packet Pg. 549
7. Resolution Ordering Annexation - Amendment No. 34
8. Resolution Ordering Annexation - Amendment No. 35
9. Resolution Ordering Annexation - Amendment No. 38
10. Resolution Ordering Annexation - Amendment No. 39
11. Boundary Map - Amendment No. 28
12. Boundary Map - Amendment No. 29
13. Boundary Map - Amendment No. 30
14. Boundary Map - Amendment No. 31
15. Boundary Map - Amendment No. 32
16. Boundary Map - Amendment No. 33
17. Boundary Map - Amendment No. 34
18. Boundary Map - Amendment No. 35
19. Boundary Map - Amendment No. 38
20. Boundary Map - Amendment No. 39
21. Certificate of Election Official - Amendment No. 28
22. Certificate of Election Official - Amendment No. 29
23. Certificate of Election Official - Amendment No. 30
24. Certificate of Election Official - Amendment No. 31
25. Certificate of Election Official - Amendment No. 32
26. Certificate of Election Official - Amendment No. 33
27. Certificate of Election Official - Amendment No. 34
28. Certificate of Election Official - Amendment No. 35
29. Certificate of Election Official - Amendment No. 38
30. Certificate of Election Official - Amendment No. 39
APPROVALS
Budget Officer Approval ✓ Approved . 8/29/22 9:02 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 8/29/22 9:03 AM B.6
Packet Pg. 550