Agenda packet, regular meeting — Moreno Valley City Council, November 1, 2022 (part 2 of 3)

additional 4,000 square feet or more that 26% additional capacity.

The estimated costs for this expansion is roughly $4,400,000, which includes plans, specifications, and estimates, project and construction management, CEQA and utility permits. It also includes American Disability Act upgrades to the existing building.

ALTERNATIVES

1. Approve the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow for completion of critical park improvement projects.

2. Do not approve the recommen ded actions presented in this staff report and provide alternate direction to staff. Staff does not recommend this alternative as it will delay the completion of critical park improvement projects.

FISCAL IMPACT

The expansion project is funded by the Development Impact Fee – Community/Recreation Center Fund and the use of General Fund Unassigned Reserves.

The Unassigned Reserve Repayment Plan must repay the use of General Fund Unassigned Reserves from future revenue increases prior to any additional appropriations for any other reasons, including but not limited to, public safety, pavement rehabilitation, park improvements, personnel increases, etc.

Description Fund GL Account No. Type
(Rev/
Exp)
FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended
Budget
DIF
2907 DIF -
Community/
Recreation
Center
2907-99-95-92907-903000 Exp $0 $1,100,000 $1,100,000
CIP
3000 Facility
Construction
Fund
3000-99-99-93000-802907 Rev $0 $1,100,000 $1,100,000
General
Fund
1010
General
Fund
1010-99-99-91010-903000 Exp $0 $3,300,000 $3,300,000
CIP
3000 Facility
Construction
Fund
3000-99-99-93000-801010 Rev $0 $3,300,000 $3,300,000
CIP
3000 Facility
Construction
Fund
3000-50-57-80003-720199
Project No. 803 0057 -3000-
99 Exp $0 $4,400,000 $4,400,000

NOTIFICATION
Publication of agenda.

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PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Brian Mohan Brian Mohan
Assistant City Manager/CFO/Treasurer Assistant City Manager/CFO/Treasurer

Concurred By:

Jeremy Bubnick
Parks & Community Services Director

CITY COUNCIL GOALS
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 dev elopment of Moreno Valley's future.

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhance d 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

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

None

APPROVALS

Budget Officer Approval ✓ Approved . 10/26/22 1:47 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/26/22 1:49 PM A.7
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Report to City Council

ID#5971 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: November 1, 2022

TITLE: PURSUANT TO LANDOWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2014 -01 (MAINTENANCE SERVICES) -
AMENDMENT NOS. 65 AND 73 (RESO. NOS. 2022 - __
AND 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 o f 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. 65) ( American Pacific Investments, In c., located east of Perris Blvd., north of Delphinium Ave.).

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 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. 73) (March Business Center, located at the southeast c orner of Krameria Ave. and Heacock St.).

SUMMARY

Adoption of the resolution s will certify the annexation of three parcels into Community Facilities District (CFD) No. 2014 -01 (Maintenance Services) (“District”). This action impacts only the property own ers identified below, not the general citizens or taxpayers of the City.

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The City requires property 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. 2014 -01 to provide the development community with a funding mechanism to assist in satisfying the requirement. After a property owner elects to annex their prope rty 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.

DISCUSSION

As a condition of approval for the development projects identified below, the Property Owners are required to provide an ongoing funding source 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. APNs Location
American Pacific Investments, Inc.

TTM 33607, 52-Unit Condominium
Complex PEN19-0203/SCP22-0020
65 484-231-015
484-231-016
East of Perris Blvd., North of
Delphinium Ave.

March Business Center
Industrial Warehouse Building
PEN21-0022/SCP22-0058
73 316-020-052 Southeast corner of Krameria
Ave. and Heacock St.

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 impa cted 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 o f the tax rate areas. Several special tax rate areas were created to accommodate a variety of 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).

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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 areas for maintenance of public landscaping (i.e. medians, parkways, and/or traffic circles). A property owner’s proportionate share of landscape maintenance costs will vary depending upon the total squa re 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 Ordinance 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 unanimous 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 Petition unanimously approving annexation of the property into the District. Approval of the petition and special tax rate allows the City to annually levy the speci al 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 1-2) amends the District and adds the properties to the tax rate area identified in the Fiscal Impact section of t his report and directs the recordation of the boundary map s (Attachments 3-4) and amended notice of special tax lien s for the amendments. The City Clerk received and reviewed the Landowner Petition s and confirmed the Property Owner s unanimously approved th e annexation of their property into the District (Attachments 5-6).

Successful completion 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, public landscaping and/or streets and drainage.

ALTERNATIVES

1. Adopt the resolution s. Staff recommends this alternative 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 A.8
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developments.

2. Do not adopt the resolutions. Staff does not recommend this alternative as 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 resolutions 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 electo rs (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 exc eeds 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
American Pacific Investments, Inc.

TTM 33607, 52-Unit
Condominium Complex
PEN19-0203/SCP22-0020
65 SL-02

$4.82/front linear foot
LM-02B $8.16/proportional front foot
March Business Center
Industrial Warehouse Building
PEN21-0022/SCP22-0058
73 SL-02 $4.82/front linear 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 2022/23 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-02B (Median(s) Shared) is $4.96/proportional front 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 adjustment 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.

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NOTIFICATION

The Landowner Petitions were e-mailed to the Property Owner s the first week of September. 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 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 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 ma intain 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. 65

2. Resolution Ordering Annexation - Amendment No. 73
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3. Boundary Map - Amendment No. 65

4. Boundary Map - Amendment No. 73

5. Certificate of Election Official - Amendment No. 65

6. Certificate of Election Official - Amendment No. 73

APPROVALS

Budget Officer Approval ✓ Approved . 10/23/22 9:04 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/25/22 9:21 AM A.8
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1 Resolution No. 2022-___
Date Adopted: November 1, 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. 65 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.

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Attachment: Resolution Ordering Annexation - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. 2022-___
Date Adopted: November 1, 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. De scription 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 over head 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 mai ntaining 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 pursuant to Section 3113 of the Streets and Highways Code.

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Attachment: Resolution Ordering Annexation - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. 2022-___
Date Adopted: November 1, 2022

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 1st day of November 2022.

____________________________
Mayor of the City of Moreno Valley

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney

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Attachment: Resolution Ordering Annexation - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. 2022-___
Date Adopted: November 1, 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 1st day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: Resolution Ordering Annexation - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. 2022-___
Date Adopted: November 1, 2022

EXHIBIT A

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Attachment: Resolution Ordering Annexation - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. 2022-___
Date Adopted: November 1, 2022

EXHIBIT B

Boundary Map Amendment

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Attachment: Resolution Ordering Annexation - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: November 1, 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. 73 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.

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Attachment: Resolution Ordering Annexation - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. 2022-___
Date Adopted: November 1, 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. Descri ption 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, 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 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 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 st reets. 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.

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Attachment: Resolution Ordering Annexation - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. 2022-___
Date Adopted: November 1, 2022

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.

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 1st day of November 2022.

____________________________
Mayor of the City of Moreno Valley

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney

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Attachment: Resolution Ordering Annexation - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. 2022-___
Date Adopted: November 1, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: Resolution Ordering Annexation - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. 2022-___
Date Adopted: November 1, 2022

EXHIBIT A

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Attachment: Resolution Ordering Annexation - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. 2022-___
Date Adopted: November 1, 2022

EXHIBIT B

Boundary Map Amendment

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Attachment: Resolution Ordering Annexation - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN AMENDMENT NO. 65 TO BOUNDARIES OF CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES) FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MORENO VALLEY THIS _________________ DAY OF _______________, 20____.
_____________________________________________________________________________________________

CITY CLERK

CITY OF MORENO VALLEY

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES), CITY OF MORENO VALLEY,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF _____________, 20____, BY ITS RESOLUTION NO. ________________________.
_____________________________________________________________________________________________

CITY CLERK

CITY OF MORENO VALLEY
FILED THIS ___________ DAY OF ________________, 20____, AT THE HOUR OF _____ O’CLOCK ___M, IN THE BOOK ________ PAGE(S) ______ OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AND INSTRUMENT NO. ____________________________ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
_____________________________________________________________________________________________

COUNTY RECORDER

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
REFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES) OF THE CITY OF MORENO VALLEY RECORDED WITH THE RIVERSIDE COUNTY RECORDER’S OFFICE ON FEBRUARY 20, 2014 IN BOOK 76 OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS, PAGE 69 AS INSTRUMENT NO. 2014-0066114.

REFERENCE IS FURTHER MADE TO ANNEXATION MAP NO. 3 OF COMMUNITY FACILITIES DISTRICT NO. 2014- 01 (MAINTENANCE SERVICES) OF THE CITY OF MORENO VALLEY , COUNTY OF RIVERSIDE, CALIFORNIA (TERRITORY PROPOSED FOR ANNEXATION IN THE FUTURE, WITH THE CONDITION THAT PARCELS WITHIN

THE TERRITORY MAY BE ANNEXED ONLY WITH THE UNANIMOUS APPROVAL OF THE OWNER OR OWNERS OF

EACH PARCEL OR PARCELS AT THE TIME THAT PARCEL OR THOSE PARCELS ARE ANNEXED) RECORDED WITH THE RIVERSIDE COUNTY RECORDER’S OFFICE ON MARCH 9, 2021 IN BOOK 86, PAGE 45 OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AS INSTRUMENT NO. 2021-0149686, WHICH

DESIGNATED THE TERRITORY SHOWN HEREIN AS TERRITORY FOR FUTURE ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT REFERENCED THEREON.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

CITY OF MORENO VALLEY

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
CACT
US AVE

DELPHINIUM AVE
BIL
LIE DR

AGAVE ST

PERRIS BLVD

NOGAL ST
MAY LN

CHOLLA D
R
SHORE
HAM AV
E

BLUEBRIAR ST

CASA LOMA DR

REMBRANDT DR

VINEHILL ST
V
ALEPPO
WA
Y

CAPE CO
D ST

CROFTBORO RD
GOR

GONIO W
AY

DELFBUSH ST
DE

SERT WILLOW
DR

CHOLLA DR
484-231-015
484-231-016
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet (THIS MAP AMENDS, BY ADDING THE ADDITIONAL TERRITORY SHOWN HEREON, THE BOUNDARY MAP FOR CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES), CITY OF MORENO VALLEY, RIVERSIDE COUNTY , STATE OF CALIFORNIA, PRIOR RECORDED AT BOOK 76 OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AT PAGE 69, IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.) CA
CT
US AVE

DELPHINIU
M
AV
E
CACTU
S AV

E DELPH
INIU
M
AVE

KITCHING ST

PERRIS BLVD

AGAVE ST
BIL
LI
E D
R

PHILO ST

PARKWOOD CT

CHOLLA DR

RIO BRAVO RD
MAY LN

VICTOR DR

ALBA WAY
SH
OR
EHAM
AV
E

REMBRANDT DR

COCHITI DR

CASA LOMA DR
M
ARS CT
DOD
GE W
AY
TA

UPE AVE
ALE
PP
O
WAY
CL
OVELL
Y CT
VA
N GOGH
AVE
M
ENOM

INEE CT
GOR
GON
IO W
AY
MI
NNETON
KA CT
CHIP

PENDALE S
T
CHIP
M
AN HI
LL CT
DESERT
WI
LLOW
DR
Legend
Annexation Boundary
Annexation Parcels
Surrounding Area Parcels

SITESITE

VICINITY VICINITY
MAPMAP
O
01 5 0 3 0 075 Feet
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Attachment: Boundary Map - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 73 TO BOUNDARIES OF CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES) FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MORENO VALLEY THIS _________________ DAY OF _______________, 20____.
_____________________________________________________________________________________________

CITY CLERK

CITY OF MORENO VALLEY

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES), CITY OF MORENO VALLEY,

CITY CLERK

COUNTY RECORDER

COUNTY OF RIVERSIDE

THE TERRITORY MAY BE ANNEXED ONLY WITH THE UNANIMOUS APPROVAL OF THE OWNER OR OWNERS OF

DESIGNATED THE TERRITORY SHOWN HEREIN AS TERRITORY FOR FUTURE ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT REFERENCED THEREON.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

CITY OF MORENO VALLEY

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

INDIAN ST

HEACOCK ST

COSMOS ST
KRAME

RIA AVE

KRAMERIA AVE
316-020-052
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet (THIS MAP AMENDS, BY ADDING THE ADDITIONAL TERRITORY SHOWN HEREON, THE BOUNDARY MAP FOR CITY OF MORENO VALLEY COMMUNITY FACILITIES DISTRICT NO. 2014-01 (MAINTENANCE SERVICES), CITY OF MORENO VALLEY, RIVERSIDE COUNTY , STATE OF CALIFORNIA, PRIOR RECORDED AT BOOK 76 OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AT PAGE 69, IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.) IR
IS AV
E
KRAME
RIA A
VE

INDIAN ST
KRAME
RI
A AVE

KITCHING ST

HEACOCK ST

PERRIS BLVD

EMMA LN

COSMOS ST

SADDLEBROOK LNIV
OR
Y AVE

CARDINAL
AVE
NORTHE
RN DAN
CE
R
DR
SU

BURBAN LN

EBONY AVE
Legend
Annexation Parcel
Surrounding Area Parcels

SITESITE

VICINITY VICINITY
MAPMAP
O
03 0 0 6 0 0150 Feet
A.8.d
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Attachment: Boundary Map - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, A.8.e
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Attachment: Certificate of Election Official - Amendment No. 65 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS A.8.f
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Attachment: Certificate of Election Official - Amendment No. 73 (5971 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS

Report to City Council

ID#5955 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Public Works Director/City Engineer

AGENDA DATE: November 1, 2022

TITLE: PEN21-0172 (PM 38208) - APPROVE PARCEL MAP 38208

LOCATED ON THE NORTH SIDE OF RIVARD ROAD
EAST OF SAN CELESTE ROAD. DEVELOPER: R IVARD

ROAD, LLC

RECOMMENDED ACTION
Recommendations:

1. Approve Parcel Map 38208.

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 Parcel Map 38208 , which is owned by Rivard Road, LLC, a Delaware Limited Liability Company. Parcel Map 38208 will subdivide a lot into two (2) parcels and is located on the north side of Rivard Road east of San Celeste Road.

DISCUSSION

On March 21, 2022, the Community Development Director of the City of Moreno Valley approved Tentative Parcel Map 38208. The project involves the subdivision of a 2.70 - acre lot (gross) into two (2) parcels located on the north side of Rivard Road east of San Celeste Road. The Agreement f or Public Improvements was executed by the City on October 13, 2022. Parcel Map 38208 is in substantial conformance with the approved Tentative Parcel Map. The developer has requested that the final map be approved for recordation. Due to the size of th e final 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.

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ENVIRONMENTAL

The Project has been evaluated under the criteria set forth in the California Environmental Quality Act (CEQA) and the CEQA Guidelines. As designed and conditioned, the proposed Project is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines 15332 for In -Fill Development. The project is consistent with the General Plan designation and the Specific Plan 208, and all applicable policies, occurs on a site that is less than five acres, the site has no valuable habitat for rare or endangered species, and the project will not result in significant effect s related to traffic, noise, air quality, or water quality and is adequately served by utilities and public services.

ALTERNATIVES

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

Staff recommends this alternative as it w ill allow the parcel map to be recorded and allow the project to move forward with development of two industrial properties.

2. Do not approve and do not authorize the recommended actions as presented in this staff report. Staff does not recommend this alte rnative as it will not allow the tract map to be recorded and not allow the project to move forward with development of two industrial properties.

FISCAL IMPACT

No fiscal impact is anticipated.

NOTIFICATION

Publication of agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Jordan Koga Michael Lloyd, P.E.

Storm Water Program Consultant 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
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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 - PEN21-0172 (PM 38208)

APPROVALS

Budget Officer Approval ✓ Approved . 10/23/22 8:56 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/25/22 9:20 AM A.9
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Attachment: Vicinity Map - PEN21-0172 (PM 38208) (5955 : PEN21-0172 (PM 38208) - APPROVE PARCEL MAP 38208)

Report to City Council

ID#5973 Page 1
TO: Mayor and City Council

FROM: Kenneth Reichle, Chief of Police

AGENDA DATE: November 1, 2022

TITLE: APPROVE THE REPLACEMENT OF THREE POLICE

MOTORCYCLES

RECOMMENDED ACTION
Recommendations:

1. Authorize the purchase of three (3) Honda CRF1100LL Afri ca Twin police motorcycles and related communication equipment totaling $95,253.

2. Authorize the transfer of $ 93,642.30 from the Equipment Replacement Fund 7510 to General Fund 1010 to add to the budgeted amount of $ 1,610 in General Fund Account 1010 -60-67-40210-660322, totaling $95,25 3 to use for the purchase of three (3) H onda CRF1100LL Africa Twin police motorcycles and related emergency equipment.

SUMMARY

This report recommends the City Council authorize the Moreno Valley Police Department (MVPD) to pu rchase three (3) Honda CRF1100LL Africa Twin motorcycles from Huntington Beach Honda for $90,96 9 and the required communication equipment for $4,284 for a total of $95,25 3 as part of the routine motorcycle replacement program.

The MVPD will utilize $ 93,643 of replacement funds and $ 1,610 from the Police Department’s FY 2022/2023 approved budget allocation to acquire this equipment.

DISCUSSION

MVPD has solely utilized BMW motorcycles to support the Traffic Division since 2013.

BMW motorcycles are a leader in the industry when it comes to ergonomics and overall functionality which is well suited for police work. BMW is also the only conventional motorcycle fully outfitted for police service by the manufacturer.

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In the pre -COVID-19 pandemic era, using only BMW motorcycles was a benefit as it streamlined the maintenance and repair process. However, the post -COVID-19 era, with its negative impacts on materials procurement and logistics, has caused the MVPD to re-evaluate its motorcycle fleet to incorporate ad ditional flexibility to mitigate supply chain issues, and to address the growing needs for equipment with greater agility for pursuits off-road.

After researching alternatives, MVPD personnel found the Honda CRF1100 Africa Twin adventure bike platform to provide a sensible compliment to the current fleet as it is smaller and more nimble than conventional police motorcycles while built with all the features the deputies need to perform police work efficiently. The Honda CRF1100 Africa Twin has many of the s ame features that make the BMW model ideal for police work including large digital touch screen connectivity, heated hand grips, ABS, traction control, cruise control, center stand, a wind screen, large saddlebags for storage, and a firearm rack.

The ann ual motorcycle replacement program provides for a fleet of in -service motorcycles that are no older than a typical service life. Service life for the MVPD motorcycle fleet is approximately four (4) to five (5) years with the oldest vehicles - with the most repairs, utilized as the spare vehicles. Service life for a motorcycle is also identified by its warranty status and current value. Aggregate costs for repairs over the life of the motorcycle is also accounted for insofar as the anticipated growth of the aggregate as future repairs will quickly exceed initial purchase price.

The City of Moreno Valley currently contracts for twelve (12) motor deputies that are supported by one (1) motor sergeant. Maximizing operational efficiencies, it is recommended that we have one (1) motorcycle dedicated to each contracted deputy and three (3) motorcycles for use as spares. The motorcycle fleet currently in use are:

• 2022 BMW R 1250 RT-P: Two (2) in-service
o Three (3) on order with an anticipated delivery of end of cale ndar year 2022. to equip the three (3) additional motor deputies approved in FY 2021/2022.
• 2021 BMW R 1250 RT-P: Three (3) in-service
• 2020 BMW R 1250 RT-P: Four (4) in-service
• 2019 BMW R 1250 RT-P: Three (3) in-service, (1) spare • 2018 BMW R 1250 RT-P: Two (2) spares

Currently, three (3) motorcycles have outlived their service life and are scheduled to be replaced: 2018 BMW R 1250 RT -P motorcycle (Asset #400288) is currently used as a spare, and has 43,366 miles; 2018 BMW R 1250 RT -P motorcycle (Asset #400 289) is currently used as a spare, and has 46,916 miles; and a 2019 BMW R 1250 RT -P motorcycle (Asset #400348) is currently used as a spare and has 36,882 miles.

Staff recommends utilizing the sole source approach to procuring the Honda Africa Twin motorcycles for two key reasons:

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• Huntington Beach Honda is the only vendor in Southern California offering a fully equipped police version of the Africa Twin; and
• Required regular maintenance may occur locally by a current maintenance contractor.

The quote from Huntington Beach Honda and related communication equipment is comparative to the cost of the 2022 BMW R 1250 RT-P:

Item: Quote per motorcycle
Honda CRF1100LL Africa Twin $30,323
PVP Communication equipment $1,428
Subtotal $31,751 per motor
Total Purchase $95,253

The total price for three (3) Honda CRF1100LL Africa Twin motorcycles plus related communication equipment is $95,253.

The purchase of the proposed motorcycles is provided for by the Equipment Replacement Fund 7510 and General Fund 1010. T hrough the depreciation process, replacement funds (7510) are typically budgeted and increased as the motorcycles depreciate in value.

Total replacement funds needed for the proposed purchase are $ 93,643; and funds required from the FY 2022/2023 appropriation for motorcycles are $1,610.

The three (3) motorcycles to be replaced are:

Year Asset # V.I.N.

Available Replacement Funds
totaling $93,643
2018 400289 WB10A1309JZ467152 $31,193
2018 400288 WB10A1307JZ467151 $31,193
2019 400348 WB10J630XKZG34118 $31,257

ALTERNATIVES

Council has the following alternatives:

1. Authorize the purchase of three (3) H onda CRF1100LL A frica Twin police motorcycles and related communication equipment totaling $95,25 3; Authorize the transfer of $ 93,643 from the Equipmen t Replacement Fund to the General Fund, with $ 1,610 coming from the Police Department’s FY 2022/2023 General Fund budget allocation. Staff recommends this alternative.

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2. Do not authorize the purchase of three (3) H onda CRF1100LL Africa Twin police motorcycles and related emergency equipment totaling $95,25 3. Staff does not recommend this alternative.

FISCAL IMPACT

The Moreno Valley Police Department is requesting City Council to approve the replacement of three (3) BMW R 1250 RT -P motorcycles with the purc hase of three (3) HONDA CRF1100LL Africa Twin police motorcycles and related communication equipment totaling $95,25 2.16. Staff is requesting $ 93,643 from the Equipment Replacement Fund (7510) and $1,610 of the allocation that was approved during the FY 2022/2023 budget approval process to be used for this purchase. Below, details the requested transfers and budget allocations for this purchase:

Approval of FY 2022/2023 Transfer of Funds:

Type Account Description Amount
Transfer from: 7510-99-97-88190-901010 Equipment Replacement Reserve $93,643
Transfer to: 1010-99-99-91010-807510 General Fund $93,643

Expenditure Appropriation:

Description GL Account No. Type
(Rev/Exp)
FY 22/23
Budget
Proposed
Budget
Increase/
Decrease
FY 22/23
Proposed
Budget
Amendment
PD – Traffic 1010-60-67-40210-660322 Exp $75,000 $93,643 $168,643

NOTIFICATION

The item was reported on at the October 18, 2022 Public Safety Subcommittee.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Shanna Palau Ken Reichle
Senior Contracts Analyst Chief of Police

Concurred By:

Felicia London
Purchasing & Sustainability Division Manager

Chad Craig
Traffic Division Sergeant

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Riverside County Sheriff CRF1100 Jesse Luggage and high fender (002)

APPROVALS

Budget Officer Approval ✓ Approved . 10/25/22 8:04 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/25/22 9:19 AM A.10
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Riverside County Sheriff’s Department

Chad Craig

September 26, 2022

Thank you for your inquiry for regarding Honda's Police Bike program.

Below is our proposal to provide a New Honda CRF1100LL Manual Transmission Africa Twin Police motorcycle with the following Emergency Equipment. Your Honda CRF1100LL Africa Twin comes with a 1-year unlimited warranty. Sound Off Signal LED with CA Title 13 Lenses: New Lights 5-year, no questions asked warranty on replacement.

"Front Facing by windshield"

6 RED/BLUE/WHT facing forward (flashing) 4” MPower LED
1 RED (steady) ghost LED
1 Narrow multi-function switch

"Rear of Bike"

4 RED/BLUE MPower 4” facing rear (flashing) 4” MPower LED 1 License Plate Frame with 2 integrated Blue LED

"Siren"

1 Compact Electronic Speaker
1 ETSA200R Compact 200 Siren AMP
1 CRF1100 Wiring Harness (1300-harness)
1 Fuse block Large Blade
1 Timeout Switch

“M4 Adjustable Rifle Rack”

1 New model M4 Rifle Rack with secure trigger guard
1 Electric Gunlock SC6-#3 with #3key
1 Muzzle Plug
1 Electronic timer

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Attachment: Riverside County Sheriff CRF1100 Jesse Luggage and high fender (002) (5973 : APPROVE THE REPLACEMENT OF THREE "Accessories"

1 Grip Heater Attachment
1 Heated Handgrips
1 Center stand
1 12V Accessory Socket
1 Skid Plate with Extension
1 Front Accessories Bars Upper and Lower
1 High Wind Screen Tinted
1 Pro Laser ¾ Holster
1 Noco Connect Lead
1 Noco Charger
1 High front fender

“Install Luggage system”

1 Jesse Challenger 35 Liter Top Box
1 Jesse Challenger Case Mount
1 Jesse Challenger Bracket
1 Jesse Challenger 8” pannier

“Custom Paint Black and White”

“Custom Seat Black”

“City to provide”

Radio or communication system

Bike $14,499.00
Emerge equip & Acc $9077.63
Custom Paint $1800.00
Black Seat $300.00
Luggage System $2348.09
Doc Fee $85.00
EVR $31.00
Sales Tax $2178.50
Ca Tire Tax $3.50

Total: $30322.72

Best Regards

Scott Smith
Huntington Beach Honda

CC: Roger Smith
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Attachment: Riverside County Sheriff CRF1100 Jesse Luggage and high fender (002) (5973 : APPROVE THE REPLACEMENT OF THREE

Report to City Council

ID#5980 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director

AGENDA DATE: November 1, 2022

TITLE: SECOND READING AND ADOPTION OF 2022

CALIFORNIA BUILDING CODES, CALIFORNIA CODE OF
REGULATIONS, TITLE 24, INCORPORATING THE

LATEST ED ITIONS OF THE MODEL CODES WITH
AMENDMENTS (ORD. NO. 991)

RECOMMENDED ACTION

1. That the City Council conduct second reading by title only and adopt Ordinance No. 991.

SUMMARY

This report recommends adoption of Ordinance No. 991, introduced at the October 18, 2022, City Council meeting, amending Title 8 of the City of Moreno Valley Municipal Code Chapters 8.20, 8.22, 8.23, 8.24, 8.26, 8.28, 8.30, 8.32, 8.34, 8.36, 8.38, and 8.44, and adopting, as modified, the California Building Standards Code, California Code of Regulations, Title 24.

DISCUSSION

The adoption of the 2022 California Building Standards Code, California Code of Regulations, Title 24 as amended will ensure that minimum building standards are implemented to safeguard life, limb, health, prope rty, and public welfare by regulating and controlling the design, construction, quality of materials, use, occupancy, location, and maintenance of all buildings and structures within the City of Moreno Valley.

The City Council took actions to introduce th e ordinance at the October 1 8, 2022, City Council meeting, and to schedule the introduced ordinance for second reading and final action at the next regular City Council meeting.

ALTERNATIVES
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The City Council has the following alternatives to consider:

1. Conduct the second reading by title only and adopt Ordinance No. 991. This alternative is recommended by staff to ensure effective codes for the future development of Moreno Valley.

2. Provide revisions to the draft Ordinance and have staff return with the revised draft for another adoption process.

3. Provide alternate direction to staff.

FISCAL IMPACT

There is no fiscal impact with the adoption of this Ordinance.

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

James Verdugo Manuel A. Mancha
Building Division Manager/Building Official Community Development Director

Concurred By: Concurred By:

Doug Bloom Jesse Park
Fire Marshal Fire Chief

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

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life A.11
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6. Youth Programs

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

1. 2022 Ordinance 991 FINAL 20221101

APPROVALS

Budget Officer Approval ✓ Approved . 10/23/22 9:07 PM City Attorney Approval ✓ Approved . 10/25/22 7:59 AM City Manager Approval ✓ Approved . 10/25/22 9:22 AM A.11
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1 Ordinance No. 991
Date Adopted: November 1, 2022
ORDINANCE NO. 991

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY , CALIFORNIA, AMENDING TITLE 8 OF THE
CITY OF MORENO VALLEY MUNICIPAL CODE, CHAPTERS 8.20,

8.22, 8.23, 8.24, 8.26, 8.28, 8.30, 8.32, 8.34, 8.36, 8.38, 8.44, TO ADOPT THE 20 22 EDITIONS OF THE CALIFORNIA BUILDING ,

RESIDENTIAL, FIRE, ENERGY, GREEN BUILDING STANDARDS,

MECHANICAL, PLUMBING , AND ELECTRICAL CODES WITH
LOCAL AMENDMENTS THERETO.

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

SECTION 1. PRIOR ENACTMENTS REPEALED:

1.1 All prior enactments of the City, which are in conflict with this Ordinance, are hereby repealed, effective upon the date on which this Ordinance becomes effective and operative.

SECTION 2. CONTINUING EFFECT:

2.1 Notwithstanding Section 1.1 of the Ordinance, and solely for the purposes of this Section 2.1, this Ordinance shall be construed as a continuation of said prior enactments as the same may have been heretofore amended from time to time , and compliance therewith prior to the effective date hereof shall be deemed to be compliance with this Ordinance unless provided otherwise herein.

2.2 Except as specifically or by necessary implication required to the contrary by this Ordinance, no right or entitlement granted, or o bligation imposed, or action or proceeding commenced or taken pursuant to a prior reso lution or ordinance repealed or modified hereby shall be deemed to be invalidated, waived, terminated or otherwise affected by the enactment hereof.

SECTION 3. EFFECT OF ENACTMENT:

3.1 Except as specifically provided herein, nothing contained in this Ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.

SECTION 4. FINDINGS:

4.1 The International Code Council is a private organization which has been in existence for at least three (3) years.

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Attachment: 2022 Ordinance 991 FINAL 20221101 (5980 : SECOND READING AND ADOPTION OF 2022 CALIFORNIA BUILDING CODES,

2 Ordinance No. 991
Date Adopted: November 1, 2022

4.2 The 2022 California Building Code, the 2022 California Fire Code, the California Building Standards Code, and the California Fire Code Standards published by said organization, are a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

4.3 The California Building Code and the California Fire Code have been printed and published as a code in book for m within the meaning of Section 50022.2 et seq., of the California Government Code and said code has been adopted and amended by the California Building Standards Commission into the California Code of Regulations (CCR) as Title 24, 2022 edition.

4.4 That one (1) copy of the 2022 California Building Code based on the 2021 International Building Code and one (1) copy of the 20 22 California Fire Code based on the 2021 International Fire Code have been on file for use and examination by the public in the office of the Building Official prior to adoption of this Ordinance.

4.5 That the sections of the International Building Code and California Building Code Standards may be referred to by the same number used in said published compilation preceded by the words “City of Moreno Valley International Building Code Section” or “International Bu ilding Code Section” or “Building Code Section”. Said amendments to the California Building Standards Code under the California Building Code shall be referred to in the same manner as listed above for ease of application.

4.6 That the sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words "City of Moreno Valley California Fire Code Section" or " California Fire Code Section" or "Fire Code Section".

Said amendments to the California Building Standards Code under th e California Fire Code shall be referred to in the same manner as listed above for ease of application.

4.7 Pursuant to Section(s) 17958.5(a) and (b) as well as Section 17958.7 of the California Health and Safety Code, the Section cont ained herein shall be submitted as the "Findings of Need" with regard to the specific California Building Code and California Fire Code Ordinance Amendments adopted by the City of Moreno Valley and addressed herein. Additional requirements and st andards herein are necessary to properly protect the health, safety and welfare of the existing and future residents as well as workers of the City of Moreno Valley. Under th e provisions of Section 17958.7 of the Health and Safety Code, local amendme nts shall be based on climatic, geological or topographical conditions. The "Fin dings of Need" contained herein shall address each of these situations and shall pr esent the local s ituation which singularly or in combination cause the established amendments to be adopted. Each such modification is identified as to which section such finding refers.

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4.7.1 Life Safety: That the additional requirements and standard established herein are needed to properly protect the hea lth, safety, life and limb, and welfare of existing and future residents, workers and guests of the City of Moreno Valley.

4.7.2 That these changes and modifications to the standards published in the California Building Code and California Fire Code are reasonably necessary because of local climatic, geological, and topographical conditions. The following are hereby adopted as non-inclusive specific findings in respect to such local conditions and refer to amendments made to the California Building Code, California Code of Regulations, Title 24, and International Fire Code as more particularly set forth below.

Climatic Conditions:

4.7.2.1 The City of Mo reno Valley receives relatively low amounts of precipitation, low humidity and high temperatures. Such climate conditions are conducive to the spread of fire ( Information fro m the University of California, Riverside, Meteorological Weather Station). This find ing refers to and supports modifications to 4906.4, 5601.1.3, 5601.1.3.1, 5607.1.1 of the California Fire Code, 2022 edition.

4.7.2.2 Strong winds, commonly referred to as the Sant a Ana Winds, have reached speeds up to 57 miles per hour in Moreno Valley during various months of past years. Damage that can occur during such winds includes the creation of highly flammable conditions of brush, downed trees, utility poles, utility circuits, and power line (Wind speeds documented at March Air Reserve Base). This finding refers to and supports modifications to Chapter 1, Division II, Section 105.2 of the California Building Code, 2022 edition and to Chapter 1, Div ision II, Section R105.2 of the California Residential Code, 2022 edition. This finding also refers to and supports modifications to 606.10.1.2, 4906.4, 5601.1.3, 5601.1.3.1, 5607.1.1 of the California Fire Code, 2022 edition.

4.7.2.3 Other areas within the City of Moreno Valley are subject to landslides, wind erosion, blown sand, flooding and wildfires. This finding refers to and supports modifications to Chapter 1, Di vision II, Section 105.2 of the California Building Code, 2022 edition and to Chapter 1, Division II, Section R105.2 and Section R405.1 of the C alifornia Residential Code, 2022 edition. This finding also refers to and supports modifications to 4906.4, 5601.1.3, 5601.1.3.1, 5607.1.1 of the Cali fornia Fire Code, 2022 edition.

Geological:

4.7.2.4 Within the city limits of Moreno Valley, there are two (2) earthquake faults: the San Jacinto Fault and the Casa Loma Fault. There are also other faults in the immediate adjacent areas. In the event of a severe earthquake, these faults present the pot ential for catastrophic damage incl uding fire, damage to roadways, and A.11.a
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other impairments of emergency apparatus (Fault information from California Division of Mines and G eology). This finding refers t o and supports modifications to Chapter 1, Division II, Section 105.2 of the California Building Code, 2022 edition and to Chapter 1, Division II, Section R 105.2 and Chapter 4, Section R403.1.3 and Section R405.1 of the California Residential Code, 2022 edition.

4.7.2.5 There is a lack of fire hydrants and water supply to new construction hillside areas in the City of Moreno Valley. This finding refers to and supports modifications to Sections 505.1903.2, 903.3.5.3, 4906.4 of the California Fire Code, 2022 edition.

4.7.2.6 In Moreno Valley there are known areas where the radio coverage is insufficient to ensure the life safety of emergency personnel due to the mountainous and hilly terrain at the City's northern and eastern boundaries. These areas include the Reche Vista area, the Hidden Springs area near Box Springs Mountain, and the entrance to San Timoteo Canyon off both Moreno Beach Boulevard and Redlands .Boulevard near the northern City limits. This finding refers to and supports modifications to Sections 508.1; 508. 1.1, 508.1.3; 508.1.5; 508.1.7 of the C alifornia Fire Code, 2022 edition.

Topographical:

4.7.2.7 Development has occurred and continues to occur in Moreno Valley at a rapid pace. Traffic congestion occurs during certain peak business hours, weekends, and on holidays along main thoroughfares such as Sunnymead Blvd., Perris Blvd., Alessandro Blvd., Heacock St., Pigeon Pass/Frederick St., and at some points along Indian St. and Cactus Ave. (Information provided by the Transportation Engineering Division of the Public Works Department). This finding refers to and supports modification 505.1 of the California Fire Code, 2022 edition.

4.7.2.8 The distance between fire stations, and the response time in our City compared to the time when flashover generally occurs creates a need for on-site fire suppression capability in all structures, and al so the need for specific turning radius and turnaround requirements for fire app aratus. In or der to accommodate fire equipment during emergency response, we find that fire apparatus roads, grades, turning radius and turnaround dimensions are required as se t forth herein. This finding refers to and sup ports modifications to Sections 505.1, 606.10.1 .2, 903.2, 903.3.5.3 of the California Fire Code, 2022 edition.

4.7.2.9 Moreno Valley has a number of different water
companies serving the area, with varying capacity to deliver water flows for fire suppression purposes. This finding refers to and sup ports modifications to Sections B105.1, C103.2, 507.5.7, 903.2, 903.3.5.3 of the California Fire Code, 2022 edition.

4.7.2.10 Radio communications and ability to communicate can be hindered by topographical features in Moreno Valley as well as building design, which A.11.a
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can include subterranean structures. It is vital to ensure there is adequate radio coverage and breathing air throughout the City for the life safety of the emergency response personnel. This finding refers to and supports modific ations to Sections 508.1; 508.1.1; 508.1.3; 508.1.5; 508.1.7 of the California Fire Code, 2022 edition.

SECTION 5. MUNICIPAL CODE AMENDED:

5.1 Chapter 8.20 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:
“Chapter 8.20
California Building Code

8.20.010 Adopted
The California Building Code, 20 22 Edition, based on the 20 21 International Building Code as published by the International Code Council, excluding Chapter 29 and including Appendix H, I and the Standards referred to therein, is adopted and made part of this title by reference with the following modifications:

A. Chapter 1, Division II, Section 101.2, Exception is amended to read as follows:

Exception: Detached one - and two -family dwellings and multiple single family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the California Residential Code, Title 24, Part 2.5.

B. Chapter 1, Division II, Section 105.1.1 and 105.1.2 are deleted.

C. Chapter 1, Division II, Section 105.2, Building 2 is hereby amended to read as follows:

Fences not over six (6) feet high, masonry concrete block walls under three (3) feet me asured from top of footing, or combination masonry concrete block walls under (3) feet measured from top of footing, with any approved building material wood, wrought iron, chain link not exceeding (6) feet in total height.

D. Chapter 1, Division II, Section 105.3.2 is amended to read as follows:

Time limitation of application . An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit had been issued; except that that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable A.11.a
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cause demonstrated. Plans and other data submitted for review shall be returned to the applicant or destroyed by the City.

E. Chapter 1, Division II, Section 107.3.3 is deleted.

F. Chapter 1, Division II, Section 113 is deleted.

G. Chapter 3, Section 304.1 is amended to include
Motor Vehicle Showrooms
Police and Fire Stations
Post Office
H. Chapter 9, Section 903.2 is amended to read as follows:

1. New Buildings. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the California Building Code is requiring more restrictive requirements in Sections 903.2.1 – 903.2.21, the more restrictive requirement shall take precedence.

a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 3,600 square feet (465 m2) as defined in Section 202; or
b. When an addition excee ds 1,500 square feet (186 m2) and the resulting building area exceeds 3,600 square feet (465 m2) as defined in Section 202.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be r equired for the following:

1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.

2. Detached non -combustible equestrian arena shade canopies that are open on all sides and used for ridin g only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter A.11.a
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safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in a ccordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:

Exception in Section 903.2.3
I. Chapter 9, Section 903.3.5.3 is hereby added as follows:

Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3.”

5.2 Chapter 8.22 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:
“Chapter 8.22
California Mechanical Code

8.22.010 Adopted
The California Mechanical Code, 2022 Edition, including Appendices B, C and D thereto, based on the 2021 Uniform Mechanical Code and the Standards incorporated therein, as published by the International Association of Plumbing and Mechanical Offici als is adopted and made a part of this chapter by reference with the following modifications:

A. Chapter 1, Division II Section 104.3.3 is amended to read as follows:

Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, plans and other data submitted for review thereafter, shall be returned to the applicant or destroyed by the City. The City shall have the authority to extend the time for action by the applican t for a period not to exceed 180 days upon request by the applicant. The extension shall be requested in writing and justifiable cause demonstrated.

B. Chapter 1, Division II Section 104.4.3 is amended to read as follows:

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Expiration. A permit issued by City u nder the provisions of this code shall expire by limitation and become null and void where the work authorized by such permit is not commenced within 12 months from the date of such permit, or where the work authorized by such permit is suspended or abandoned at a time after the work is commenced for a period of 180 days.

Before such work is recommenced, a new permit shall first be obtained.

C. Chapter 1, Division II Section 104.4.4 is amended to read as follows:

Extension. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit where the permittee is unable to commence work within the time required by this section. The City shall have the authority to extend the time for action by the permittee for a period not exceeding one-hundred and eighty (180) days upon written request by the permittee The extension shall be requested in writing and justifiable cause demonstrated.

D. Chapter 1, Division II Section 106.3 is deleted.”

5.3 Chapter 8.23 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

“Chapter 8.23
California Residential Code

8.23.010 Adopted
The California Residential Code, 20 22 Edition, based on the 20 21 International Residential Code including Appendix A , H and the Standards referred to therein, as published by the International Code Council, is adopted and made part of this chapter by reference with the following modifications:

A. Chapter 1, Division II, Section R105.2, Building 2 is hereby amended to read as follows:

Fences not over six (6) feet high, masonry concrete block walls under three (3) feet measured from top of footing, or combination masonry concrete block walls under (3) feet measured from top of footing, with any approved building material wood, wrought iron, chain link not exceeding (6) feet in total height.

B. Chapter 1, Division II, Section R105.5 is amended to read as follows:

Every permit shall remain valid for purposes of this part if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless, the permittee has abandoned the work abandoned the work authorized by this permit.

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C. Chapter 1, Division II, Section R106.3.3 is deleted.

D. Chapter 1, Division II, Section R112 is deleted.

E. Chapter 3, Table R301.2(1) is revised to read:

TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2(1).

The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(2). Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction’s entry into the National Flood Insurance Program (date of GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN
CATEGORYf

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMPe

ICE BARRIER

UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speedd
(mph)
Topographic
effectsk
Special
Wind
regionl
Wind-
borne
debris
zonem
Weatheringa
Frost
Line
depthb
Termitec
Zero 96 No No No D2 or E Negligible 12” Very
Heavy 43 No Per Title
8 0 64
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adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended.
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100- year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).

5.4 Chapter 8.24 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

“Chapter 8.24
California Plumbing Code
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8.24.010 Adopted
The California Plumbing Code, 2022 Edition, including the Appendices thereto, based on the 20 21 Uniform Plumbing Code and installation standards incorporated therein, as published by the International Association of Plumbing and Mechanical Officials, is adopted and made part of this chapter by reference with the following modifications:

A. Chapter 1, Division II Section 104.3.3 is amended to read as follows:

Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, plans and other data submitted for review the reafter, shall be returned to the applicant or destroyed by the City. The City shall have the authority to extend the time for action by the applicant for a period not to exceed 180 days upon request by the applicant. The extension shall be requested in writing and justifiable cause demonstrated.

B. Chapter 1, Division II Section 104.4.3 is amended to read as follows:

Expiration. A permit issued by City under the provisions of this code shall expire by limitation and become null and void where the work authorized by such permit is not commenced within 12 months from the date of such permit, or where the work authorized by such permit is suspended or abandoned at a time after the work is commenced for a period of 180 days.

Before such work is recommenced, a new permit shall first be obtained.

C. Chapter 1, Division II Section 104.4.4 is amended to read as follows:

D. Chapter 1, Division II Section 104.5 is deleted.”

5.5 Chapter 8.26 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

“Chapter 8.26
California Electrical Code

8.26.010 Adopted
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The California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association, is adopted and made a part of this chapter by reference.”

5.6 Chapter 8.28 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

“Chapter 8.28
California Administrative Code

8.28.010 Adopted
The California Administrative Code, 2022 Edition, is adopted and made a part of this chapter by reference.”

5.7 Chapter 8.30 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

“Chapter 8.30
California Energy Code

8.30.010 Adopted
The California Energy Code, 2022 Edition, is adopted and made a part of this chapter by reference.”

5.8 Chapter 8.32 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

“Chapter 8.32
California Historical Building Code

8.32.010 Adopted
The California Historical Building Code, 2022 Edition, is adopted and made a part of this chapter by reference.”

5.9 Chapter 8.34 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

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“Chapter 8.34
California Existing Building Code

8.34.010 Adopted
The California Existing Building Code, 20 22 Edition, based on the 20 21 International Existing Building Code, is adopted and made a part of this chapter by reference.”

5.10 Chapter 8.36 of Title 8 of the City of Moreno Valley Municipal Code is hereby repealed and replaced in its entirety to read as follows:

“Chapter 8.36
California Fire Code

8.36.010 Adopted
APPLICATION AND ADOPTION OF THE CALIFORNIA FIRE CODE. Except as stated in this Section or as amended below in Section 5 of this Ordinance, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter’s matrix, are hereby adopted and shall apply to the City of Moreno Valley . In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 111.3 are not adopted, and Chapters 3, 25, and Sections 403.11, 503, 510.2, and 1103.2 are adopted.

8.36.020 Administrative
A. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:

101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be give n effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.

B. Section 102.5 is hereby amended as follows:

102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus A.11.a
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access and water supplies. Where interior or exterior systems or devices are i nstalled, construction permits required by Section 105.7 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

C. Section 104.1.1 is hereby added to the California Fire Code to read as follows:

104.1.1 Authority of the Fire Chief.
(1) The Fire Chief and his or her designees are authorized and directed to enforce all applicable State fire laws and the provisions of this code and he or she shall perform such related duties as may be fixed by the City Council, and for such purposes, he or she shall have the power of a peace officer.
(2) The Fire Chief is authorized to administer, interpret and enforce this code. Under the Fire Chief’s direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to:
a. The prevention of fires,
b. The suppression or extinguishment of dangerous or hazardous fires, c. The storage, use and handling of hazardous materials, d. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment,
e. The maintenance and regulation of fire escapes,
f. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, g. The maintenance of means of egress.
h. The investigation of the cause, origin and circumstance of fire and unauthorized releases of hazardous materials.
(3) The following persons are hereby authorized to interpret and enforce the provisions of this Code (except as provided in Section 101.4) and to make arrests and issue citations as authorized by law:
a. The Unit Chief and peace officers and public officers of the California Department of Forestry and Fire Protection.
b. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.
c. The City Fire Marshal and members of the Moreno Valley Fire Prevention Bureau. d. The Riverside County Sheriff and any Deputy Sheriff. e. The Police Chief and any Police Officer of any cit y served by the County Fire Department.

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f. Officers of the California Highway Patrol.
g. Code Officers of the Riverside County Code Enforcement Department g. Peace Officers of the California Department of Parks and Recreation. h. The law enforcement officers of the Federal Bureau of Land Management.

D. Sections 104.7 and 104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:

104.7 Liability. Any liability against Riverside County or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

E. A new section 104.13 is added to Section 104 of the California Fire Code to read as follows:
104.13 Authority of the Fire Chief to close hazardous fire areas . Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public road ways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

F. Section 107.2 is hereby deleted in its entirety and replaced with the following:
107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Moreno Valley fee schedule.

G. A new section 107.7 is hereby added to the California Fire Code to read as follows:

107.7 Cost recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Co de A.11.a
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16 Ordinance No. 991
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Section 53150, et seq, as may be amended from time to time. Any expense incurred by the City of Moreno Valley or Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

H. Section 111.1 of the California Fire Code is deleted in its entirety and replaced with the following:

111.1 Board of appeals established. The Board of Appeals sh all be the City Council. If the Council determines an outside board is needed, the Council shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

I. Section 112.4 is hereby deleted in its entirety and replaced with the following:

[A] 112.4 Violation penalties; It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Moreno Valley ordinances, fee schedule, and Health and Safety Code Sections 17995 through 17995.5.

J. The following definition of Section 202 of the California Fire Code is hereby amended as follows:

“FIRE CHIEF.” The Fire Chief of Riverside County or the Fire Chief’s designee.

K. Open Flames

1. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:

308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

8.36.030 Building and Equipment Design Features
A. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives , see A.11.a
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17 Ordinance No. 991
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Riverside County Fire Department Standards and Policies, as may be amended from time to time.

B. Section 503.2.2 is hereby amended as follows:

503.2.2 Authority. The Fire Code Official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.

C. Section 503.6.1 is hereby added to the California Fire Code to read as follows:

503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

D. Section 503.7 is hereby added to the California Fire Code to read as follows:

503.7 Loading areas and passenger drop -off areas . On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick -up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

E. Section 505.1 is hereby amended as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the Fire Code Official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. N umbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) for R-3 occupancies, for all other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

F. Section 507.5.7 is hereby added to the California Fire Co de to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the Fire Code Official, fire hydrant sizes and outlets shall be based on the following:

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1. Residential Standard – one (1) four (4) inch outlet, and one (1) two and one-half (2 ½) inch outlet.

2. Super Hydrant Standard – one (1) four (4) inch outlet, and two (2) two and one- half (2 ½) inch outlet.

3. Super Hydrant Enhanced - two (2) four (4) inch outlet, and one (1) two and one- half (2 ½) inch outlet.

G. Section 507.5.8 is hereby added to the California Fire Code to read as follows:

507.5.8 Fire hydrant street marker . Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06 -11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

H. Section 508.1 of the California Fire Code is hereby amended as follows:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code and buildings greater than 300,000 square feet in area, and Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and shall comply with Sections 508.1 .1 through 508.1.8.

I. Section 508.1.1 of the California Fire Code is deleted in its entirety hereby and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the Fire Code Official. The room shall have direct access from the building exterior at the lowest level of fire department access.

J. Exception 508.1.3 of the California Fire Code is hereby amended to add the following:

When solely required due to a building greater than 300,000 square feet, the fire command center shall be a minimum of 96 square feet (9m2) with a minimum dimension of 8 feet (2,438 mm).

K. Section 508.1.6 of the California Fire Code is hereby amended to add the following:

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Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features.

L. Section 508.1.7 is hereby amended to the California Fire Code:
508.1.7 Fire command center identi fication. The fire command center shall be identified by permanent easily visible sign stating “Fire Dept. Command Center,” located on the door to the fire command center.

M. A new Section 509.2.1 is added to Section 509 of the California Fire Code to read as follows:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, e xcept as otherwise required or approved.

N. Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 Manual operation. When required by the Fire Code Official , automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls.

O. Section 903.2 of the California Fire Code is hereby amended as follows:
903.2 Where required.

1. New Buildings. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the California Fire Code is requiring more restrictive requirements in Sections 903.2.1 – 903.2.21, the more restrictive requirement shall take precedence.

2. Existing Buildings. Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an add ition occurs and when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 3,600 square feet (465 m2) as defined in Section 202; or b. When an addition exceeds 1,500 square feet (186 m2) and the resulting building area exceeds 3,600 square feet (465 m2) as defined in Section 202.

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20 Ordinance No. 991
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Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non -combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manuf actured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:

a. Exception in Section 903.2.3

b. Exception 2 in Section 903.2.11.3
P. A new section 903.3.5.3 of the California Fire Code is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

8.36.040 Special Occupancies and Operations

A. Section 3204.2.1 is hereby added to the California Fire Code to read as follows:

3204.2.1 Minimum requirements for client leased or occupant owned warehouses.

Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most A.11.a
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demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

8.36.050 Requirements for Wildland-Urban Interface Areas A. Section 4904.2.1 is hereby added to the California Fire Code to read as follows:

4904.2.1 High Fire Hazard and Very High Fire Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009 and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas.

8.36.060 Appendix B

A. Table B105.2 of the California Fire Code is hereby amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table B105.1(2)b Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

B. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall also be provided at street intersections.”

5.11 Chapter 8.38 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

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22 Ordinance No. 991
Date Adopted: November 1, 2022

“Chapter 8.38
California Green Building Code

8.38.010 Adopted
The California Green Building Code, 2022 Edition, is adopted and made a part of this chapter by reference.”

5.12 Chapter 8.44 of Title 8 of the City of Moreno Valley Municipal Code is hereby amended to read as follows:

“Chapter 8.44
California Reference Standards Code

8.44.010 Adopted
The California Reference Standards Code, 2022 Edition, is adopted and made a part of this chapter by reference.”

SECTION 6. SEVERABILITY

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the meaning portions of th is chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsection, subdivision, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. NOTICE OF ADOPTION:

Within fifteen days after the date of adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.

SECTION 8. EFFECTIVE DATE:

This ordinance shall take effect on January 1, 2023.

INTRODUCED at a regular meeting of the City Council on October 18, 2022 and PASSED, APPROVED, and ADOPTED by the City Council on November 1, 2022 the following roll call vote, to wit:

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23 Ordinance No. 991
Date Adopted: November 1, 2022

AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -

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

ATTEST:

_______________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:

_______________________________
Steven B. Quintanilla, City Attorney

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Report to City Council

ID#5983 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: November 1, 2022

TITLE: AUTHORIZE THE PURCHASE OF THREE PICNIC

SHELTERS FROM PORTER CORPORATION FOR
COMMUNITY PARK (PROJECT NO. 807 0056-3015)

RECOMMENDED ACTION
Recommendations:

1. Approve the purchase of three (3) picnic shelters and issuance of a purcha se order to Porter Corporation in the amount of $54,558.01.

2. Authorize the Executive Director to approve a purchase order and any other amendments, for this purchase.

SUMMARY

This report recommends the purchase approval of three (3) picnic shelters from Porter Corporation, Sole Source approved vendor, for the replacement of current picnic shelters at Community Park (Project No. 807 0056-3015).

DISCUSSION

On June 1, 2021, the City Council approved the Capital Improvement Plan Budget for Fiscal Year 2021/ 22 and 2022/23, which included a Picnic Shelter Replacement Project at Community Park to replace three aged shelters (Project No. 807 0056).

This project is intended to provide picnic shelter upgrades that will enhance the appearance of the park and provide improved picnic areas for visitors.

Porter Corporation is a comprehensive design/build company utilized for steel shelter A.12
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structures, equipment, and supply parts for the steel shelter systems used by the City’s Parks Division. Porter Corporation design s and application are standard throughout the City’s parks. The Department recommends the use of Porter Corporation for this purchase to maintain consistency, efficiency, and to integrate the systems with the existing steel shelters found throughout the c ity. Additionally, there is only one agent that supplies the proposals for Porter Corporation within the western state regions.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow for timely completion of the picnic shelter replacement project.

2. Do not approve and authorize the recommended actions presented in this staff report and provide further direction to staff. Staff does not recommend this alternative as it will delay the picnic shelter replacement project.

FISCAL IMPACT

This project is funded by Park Improvement DIF funds (Fund 3015). There is no impact to the General Fund and no additional funding being requested at this time.

Category Fund GL Acct
Project #
Type FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended
Budget
CIP PCS Capital
Projects (Park
Improvements
3015-50-57-80007-
720199
807 0056-3015-99
EXP $175,000 $0 $175,000

NOTIFICATION

Posting of the agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Dan Monto Jeremy Bubnick
Acting Parks Superintendent Parks & Community Services Director

Patty Yhuit
Sr. Management Analyst

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

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

Community Image, Neighborhood Pride and Cleanliness . Pr omote 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 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

Objective 5.5: Promote a healthy community and lifestyle.

Objective 6.2: Improve health, wellness and fitness for Moreno Valley youth through recreation and sports programs.

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

1. COMMUNITY PARK SHELTERS - QUOTE

2. PORTER CORP SOLE SOURCE

APPROVALS

Budget Officer Approval ✓ Approved . 10/23/22 9:51 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/25/22 9:23 AM A.12
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4240 N 136th Ave
Holland MI 49424
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.poligon.com
Estimate NumberPoligon 52
Estimate Date Jul 7, 2022
Expiration Date Dec 31, 2022
Customer City of Moreno Valley Parks & Community Services Dept.

Name Dean Ristow
Phone (951) 413-3702
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Community Park - Shelters
$3,453.01
Item # & Description Quantity Price Rate
Poligon
Poligon Shelter RAM 11x19MR
Hip Style Shelter with Multi Rib Roof
Anchor Bolts
Minimum Clearance Height of 10'
Poli-5000 Finish
3 $14,685.00 $44,055.00
Poligon Eng
Poligon Engineered Drawings and Calcs.

Stamped. Digital Copies OR 4 Hard copies
and 2 printed calc books.
1 $500.00 $500.00
$44,555.00
Sales Tax 7.75%
Product Total $48,008.01
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Attachment: COMMUNITY PARK SHELTERS - QUOTE (5983 : AUTHORIZE PURCHASE THREE PICNIC SHELTERS FROM PORTER $0.00
Item Description Quantity Rate
Freight Poligon Freight Poligon
Shipping and Handling Fees for Poligon
Shade Structures. All shipping FOB
Holland MI.
1 $6,550.00
$6,550.00
Sales Tax
Shipping, Handling and Non Taxable Services Total $6,550.00 Grand Total $54,558.01
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Purchase orders should be made out to PorterCorp. Purchase orders to be mailed/emailed./axed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883 OR [email protected] OR faxed to 877-215-3869 • The payment remittance address is 4240 N. 136th Ave Holland MI 49424 • Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Wind loads are 105 mph and snow loads are 5 lb unless otherwise noted above. • Poligon Structures are proudly and exclusively represented by Miracle Playground Sales

QUALIFICATIONS
• Changes made to the drawings referenced will be reviewed and may affect pricing • Pricing assumes standard Poligon colors from the current color chart. • A checklist of all documents required to place structures into production will be provided by Miracle Playground Sales once the Purchase order is received. ALL items on the checklist must be provided prior to releasing structure(s) into fabrication. • If anchor bolts are listed above, we will need to know PRIOR to ordering if the anchor bolts will need Mill Certifications. • Any changes made to the structure after entering production will be charged a non-negotiable $1000 fee. 09 / 01 / 2022
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®
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Attachment: COMMUNITY PARK SHELTERS - QUOTE (5983 : AUTHORIZE PURCHASE THREE PICNIC SHELTERS FROM PORTER Frame Colors (Poli-5000® Certified)
The most durable frame finish available in the industry.

The Poli-5000® Super-Durable TGIC powder coat offers excellent outdoor durability and fade resistance to our steel shelter frames. It is tough, resilient, and will withstand harsh environments while retaining its smooth, high-gloss or matte finish for years to come.

Glacier White * Ash Gray* Fox Hollow Gray Greystone* Slate Bumper Black* Linen Almond Surrey Beige* Canvas Taupe Coastal Khaki Suede Barkwood Tudor Brown* Patrician Bronze Pomegranate Black Cherry Arctic Ice Mystic Harbor Blue* Sea Glass Juniper Olive Tree* Hunter Green* Red Baron Streak Blue Daffodil Flint** Uptown Bronze** Silver Frost** *represents frame colors also available in matte finish **represents frame colors available with a slight upcharge Due to the nature of printed materials, colors may vary slightly from the swatches shown.

Please request actual color sample before making final selection.

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Attachment: COMMUNITY PARK SHELTERS - QUOTE (5983 : AUTHORIZE PURCHASE THREE PICNIC SHELTERS FROM PORTER Roof Colors (Kynar-500® Certified)
Providing protection against weathering to extend the life of your roof.

Kynar-500® PVDF resin-based coatings offer excellent protection to our metal roofs. The high-performance fluoropolymer resin, with its extraordinary capability to retain color and gloss, keeps your painted metal roof looking vibrant and appealing.

Regal White Bone White Sandstone Almond Surrey Beige
Medium Bronze Tudor Brown Mansard Brown Patrician Bronze Matte Black
Brite Red
Colonial Red Brandywine Terracotta Patina Green Evergreen Hartford Green Roman Blue Regal Blue Ash Gray Slate Gray Charcoal
Buckskin
Galvalume PlusSilver Metallic* Copper Penny* Leadcoat* Preweathered Galvalume*
Champagne
Metallic*
Dark Bronze
*represents roof colors available with a slight upcharge Due to the nature of printed materials, colors may vary slightly from the swatches shown.

Please request actual color sample before making final selection.

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www.poligon.com | 616.888.3500
L1007
We are certified by the Powder Coating Institute as PCI-4000. This means that we ensure all of our products are produced with a high quality powder coated frame. As a certified coater, we have developed a methodology to continually improve and enhance our power coating process, giving you the best product available on the market.

Frame & Roof Finish Technical Data
Poli-5000® Frame Finish
Excellent Durability
Higher surface hardness / scratch resistance
Reduced chance of damage to coating
during installation
High resistance to cleaners and chemicals
High resistance to wind borne abrasives
Kynar-500® Roof Finish
This high-performance fluoropolymer resin withstands the rigors of nature and time with its extraordinary capability to retain color and gloss. Noted by architects around the world, our Kynar-500® coated roofs will keep your shelter looking its best for years to come.

Technical Notes
Custom colors are available for frames and roofs. Such colors may incur an up charge, require extended lead times, and have minimum order requirements. Custom roof colors may not be Kynar-500®. Consult with Poligon for details.

Test Description Test Method Poli-5000® Results
Salt Spray Resistance ASTM B 117 / ASTM D 1654 Method 2 (No scraping) 10,000 hours, no creep from scribe line, rating of 10 Humidity ASTM D2247-02 5,000 hours with no loss of adhesion or blistering UV Light Resistance ASTM G154-04 - 2,000 hours of exposure. Alternate cycles (4 hours UVA and 4 hours condensation)
A) No chalking
B) 75% color retention
C) Color variation - max 3.0 E variation CIE formula
(before and after 2,000 hours of exposure)
Stain Resistance ASTM D1308 - 2e1 24 hours exposure with 10% concentration
No stain from the following: Mustard, Tannic Acid, Ketchup, Citric Acid, Coffee, Tartaric Acid, Cola, Oleic Acid, Lactic Acid, Orange Juice
Scratch Resistance Hoffman Scratch Hardness Tester No substrate appearance with 1,000 gram load Adhesion ASTM D3359-02 ASTM Class 4B rating or better
Impact Resistance ASTM D2794-93 100 in lbs. without cracking Hardness ASTM D6636-92a 2H min. - no indentation
Flexibility ASTM D522-93a 1/8” no cracking or loss of adhesion at bend Abrasion Taber abraser CS10 Wheel (1,000 mg. load) 14 mg. max weight loss per cycle Solvent Resistance 50+ MEK rubs Minimal to no dulling or color removal Poli-5000® Durability & Longevity Testing
Superior Exterior Performance
High resistance to salt spray
High resistance to chalking
High resistance to film coating erosion
Excellent color and gloss retention
Connect with Poligon
Our knowledgeable sales staff will answer your questions, forward materials, or refer you to a representative in your area.

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Attachment: PORTER CORP SOLE SOURCE (5983 : AUTHORIZE PURCHASE THREE PICNIC SHELTERS FROM PORTER CORPORATION FOR A.12.b
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Attachment: PORTER CORP SOLE SOURCE (5983 : AUTHORIZE PURCHASE THREE PICNIC SHELTERS FROM PORTER CORPORATION FOR

Report to City Council

ID#5956 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: November 1, 2022

TITLE: PURSUANT TO LAND OWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 24 AND 42 (RESO. NOS. CSD 2022 -
__ AND 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. 24) (American Pacific Investments, Inc., located east of Perris Blvd., north of Delphinium Ave.).

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. 42) (March Business Center, located at the southeast corner of Krameria Ave. and Heacock St.).

SUMMARY

Adoption of the resolutions (Attachments 1-2) will certify the annexation of 3 parcels into Community Facilities District (CFD) No. 2021-01 (Parks Maintenance) (“District”). This action impa cts only the property owner s identified below, not the general citizens or taxpayers of the City.

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DISCUSSION

As a condition of approval for the development projects identified below, the applicants are required to provide an ongoing funding source for maintenance of certain public facilities (e.g., parks). The funding is used to mitigate the cost of the impacts creat ed by the proposed development.

On June 1, 2021, the CSD Board formed CFD No. 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 annex 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(s) 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 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 me ets 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 Property Owner
Project
ACP Record #s
Amendment
No. APNs Location
American Pacific Investments, Inc.

TTM 33607, 52-Unit Condominium Complex
PEN19-0203/SCP22-0019
24 484-231-015 &
484-231-016
East of Perris Blvd., north
of Delphinium Ave.

March Business Center
Industrial Warehouse Building
PEN21-0022/SCP22-0059
42 316-020-052
Southeast corner of
Krameria Ave. and
Heacock St.

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resolutions (Attachments 1-2) amends the District and adds the property to the tax rate area identified in the Fiscal Impact section of this report . The resolutions also direct the recordation of the boundary map s (Attachments 3-4) and amended notice of special tax liens for the amendments. The Election Official confirmed the Property Owner s unanimously approved the annexation of their property into the District ( Attachments 5- 6).

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 sat isfying 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. 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.

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%), whi chever is greater.

However, the annual adjustment cannot be applied unless the CSD Board annually Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
American Pacific Investments, Inc.

TTM 33607, 52-Unit Condominium Complex
PEN19-0203/SCP22-0019
24 Multi-family $308.39 per unit
March Business Center
Industrial Warehouse Building
PEN21-0022/SCP22-0059
42 Industrial $9.59 per 1,000 Feet of
Building Square Footage
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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 emailed to the Property Owners on September 8.

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

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 c ost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

ATTACHMENTS
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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. 24

2. Resolution Ordering Annexation - Amendment No. 42

3. Boundary Map - Amendment No. 24

4. Boundary Map - Amendment No. 42

5. Certificate of Election Official - Amendment No. 24

6. Certificate of Election Official - Amendment No. 42

APPROVALS

Budget Officer Approval ✓ Approved . 10/23/22 9:00 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/25/22 9:21 AM B.4
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1 Resolution No. 2022-___
Date Adopted: November 1, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcels listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcels (the “Annexation Parcels”) to the CFD; and
WHEREAS, the Annexation Parcels are comprised of the territory shown on th e boundary map (the “Boundary Map”) entitled “Amendment No. 24 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcels to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT 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.

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declare d 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.

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Attachment: Resolution Ordering Annexation - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

APPROVED AND ADOPTED this 1st day of November 2022.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.a
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Attachment: Resolution Ordering Annexation - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 1st day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.a
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Attachment: Resolution Ordering Annexation - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Numbers
484-231-015
484-231-016
List of Annexation Parcels
24 B.4.a
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Attachment: Resolution Ordering Annexation - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

EXHIBIT B

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Attachment: Resolution Ordering Annexation - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: November 1, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (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”) entitled “Amendment No. 42 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT 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.

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

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

6. This Resolution shall be effective immediately upon adoption.

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

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

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Attachment: Resolution Ordering Annexation - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

APPROVED AND ADOPTED this 1st day of November 2022.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.b
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Attachment: Resolution Ordering Annexation - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.b
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Attachment: Resolution Ordering Annexation - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

EXHIBIT A

Amendment Map No. Assessor's Parcel Number
42 316-020-052
List of Annexation Parcel(s)
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Attachment: Resolution Ordering Annexation - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: November 1, 2022

EXHIBIT B

B.4.b
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Attachment: Resolution Ordering Annexation - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

AGAVE STPERRIS BLVDMAY LNCASA LOMA DRREMBRANDT DR

VINEHILL STCROFTBORO RDDELFBUSH STCHOLLA DR

RIO BRAVO RD
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Attachment: Boundary Map - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS,

INDIAN STHEACOCK STCOSMOS ST

INDIAN STKITCHING STHEACOCK STPERRIS BLVDEMMA LNCOSMOS STSADDLEBROOK LNEBONY AVE B.4.d
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Attachment: Boundary Map - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, B.4.e
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Attachment: Certificate of Election Official - Amendment No. 24 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.f
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Attachment: Certificate of Election Official - Amendment No. 42 (5956 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS

Report to City Council

ID#5982 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Public Works Director/City Engineer

AGENDA DATE: November 1, 2022

TITLE: PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY

COUNCIL OF THE CITY OF MORENO VALLEY,

CALIFORNIA, ADOPTING THE WORKFORCE

DEVELOPMENT F ACILITIES AND PUBLIC ART IMPACT

FEE NEXUS STUDY AND IMPLEMENTING THE SAME
DEVELOPMENT IMPACT FEES (RESO. NOS. 2022 -XX &
2022-XX AND ORDINANCE NO. XX)

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct a Public Hearing for the adoption o f the Workforce Development Facilities and Public Art Impact Fee Nexus Study and amendment of the Capital Improvement Plan;

2. Adopt Resolution No. 2022 -XX adopting the Workforce Development Facilities and Public Art Impact Fee Nexus Study and amendments to Capital Improvement Plan, and finding the action is exempt from CEQA;

3. Conduct a Public Hearing for the establishment of the City of Moreno Valley Workforce Development Facilities Development Impact Fee and Public Art Impact Fee;

4. Adopt Ordinance No. XX ad opting the Workforce Development Facilities Development Impact Fee and Public Art Impact Fee, and finding the action is exempt from CEQA; and

5. Adopt Resolution No. 2022 -XX, adopting the Workforce Development Facilities Development Impact Fee Schedule.

SUMMARY
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This report recommends that the Council convene two Public Hearings. The first Public Hearing is to consider the adoption of the Workforce Development Facilities and Public Art Impact Fee Nexus Study (Nexus Study). The second Public Hearing is to c onsider staff recommendations to adopt an ordinance and resolution that establish the Development Impact Fees (DIF) for new residential and nonresidential development, and respective fee schedules, based upon the Nexus Study findings. The maximum workforce development facilities DIF rate as supported by the Nexus Study shall be adjusted every two years with an automatic inflationary adjustment per the Engineering News Record’s Building Cost Index (BCI), but in no event shall any adjustment exceed the costs associated with the fee program. The Public Art DIF does not need to be adjusted for inflation, as it is calculated based on the construction valuation of a development project. Accordingly, as cost and valuation of development projects increase, the im pact fees generated will proportionally increase, thereby automatically adjusting for inflation and increased costs which City may incur in its future pursuit of the allowed uses of the Public Art Impact fee revenue included in the Nexus Study and ordinance.

BACKGROUND

The City of Moreno Valley adopted its DIF program in 2000 in full compliance with Assembly Bill 1600. For the DIF, Moreno Valley adopted two Ordinances codifying Chapter 3.38 Residential Development Impact Fees and Chapter 3.42 Commercial and Industrial Impact Fees. The two chapters of the City’s Municipal Code, in accordance with applicable law, including without limitation the Mitigation Fee Act, as set forth in Government Code Sections 66000 et seq., permit Moreno Valley to collect DIFs based upon the impacts of future development on capital facilities and infrastructure in the community.

The proposed actions will add two additional DIF categories to the City’s existing impact fee program: a fee to fund new development’s share of workforce development facilities, and a fee to fund public art. A critical document to justify DIF adjustments is a nexus study, which, as of January 1, 2022, the City Council must adopt prior to adopting/increasing any DIF. A Nexus Study is used to determine the fair distribution of DIF costs based upon identified future infrastructure needs of the community, the cost of future infrastructure, and the projected growth in demand for facilities associated with new development. The Nexus Study documents the rel ationship between new development occurring in Moreno Valley and DIFs to fund workforce development facilities and public art.

DISCUSSION

City staff has worked with its consultant Willdan Financial Services to develop a nexus study to add two new facilit y categories to the City’s DIF program. One category would fund new development’s share of workforce development facilities, namely a Business & Employment Resource Center. The other facility fee category would fund public art.

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The Nexus Study includes a breakdown of the two DIF facility categories along with the necessary calculations to measure the demand that future development will have on those facility service levels. The submitted Nexus Study demonstrates the proportionality between the amount char ged to the residential and nonresidential development community for the type and amount of facilities and infrastructure demand generated by that type of development project. Additionally, the Nexus Study demonstrates the reasonable relationship between t he use of fees and the benefits produced for the development paying the fees.

The Nexus Study and proposed adoption of the two new DIFs complies with Assembly Bill 602 (“AB 602”). In relevant part, AB 602 added Section 66016.5 to the Government Code, r equiring the City to conduct an impact fee study before the adoption of an associated development fee, added new requirements to such nexus studies, requires residential fees to be calculated per square foot, or by another proportional metric, and requires the City adopt a Capital Improvement Plan as part of the Nexus Study. The Nexus Study addresses such newly added requirements.

Respecting the requirement that a Capital Improvement Plan be adopted as a part of the Nexus Study (Government Code 66016.5(a )(6)), the first attached Resolution adopts the requisite Nexus Study and Capital Improvement Plan for the associated facility categories.

The attached Ordinance and Resolutions would adopt and set the Workforce Development Impact Fee and Fee Schedule a nd Public Art Impact Fee and Fee Schedule, which will not be effective until 60 days after the second reading of the Ordinance (January 16, 2023), in accordance with applicable law.

Additionally, staff recommends that a temporary reduction be put in place for Affordable Residential land use categories until such time as the City Council deems it appropriate to amend the resolution and applicable DIFs further. Such reduction is reflected in the DIF fee table and schedule set forth in the attached applicab le Resolution. The continued availability of this rate will assist in the City’s housing element compliance.

CEQA ANALYSIS

This action has been reviewed by staff in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines and the actions are not a project pursuant to CEQA Guidelines 15378(b)(4) and is further exempt from California Environmental Quality Act (CEQA) review pursuant to all applicable categorical and statutory exemptions, including but not limited to the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), 15061(b)(2) and 15306 of the CEQA Guidelines, and statutory exemption 15273(a)(4) (Rates, Tolls, Fares and Charges) , as set forth in more detail in each respective Resolution and/or Ordinance.

ALTERNATIVES

1. Approve the recommended actions as presented in this staff report and as set F.1
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forth in the proposed Resolution. Staff recommends this alternative as it will allow for planning, design, and construction of necessary workforce development facilities and services; and, new public art enhancements, to mitigate the impact of development on the community.

2. Do not approve the recommended actions as presented in this staff report and as set forth in the proposed Resolution. Staff does not recom mend this alternative as it will delay or stop the planning, design, and construction of necessary workforce development facilities and services; and, new public art enhancements, to mitigate the impact of development on the community.

FISCAL IMPACT

The updated Nexus Study supports a maximum future revenue stream of $ 6,696,000 million through 2040 to fund new development’s share of workforce development facilities. Public Art impact fee revenue projections are harder to estimate, and depend on the valuation of future development, but would be considerable.

NOTIFICATION

A notice was published in the Press Enterprise on October 2, 2022, for the Public Hearing to adopt the Workforce Development Facilities and Public Art Impact Fee Nexus Study. A notice was published in the Press Enterprise on October 22, 2022, and again on October 27, 2022, for the Public Hearing to establish the Workforce Development Facilities and Public Art Impact Fees. The City currently does not have any active request on file for a ny additional notifications pursuant to the Government Code. The City made available to the public the Nexus Study at least ten days before this meeting, in accordance with Government Code Section 66016.

PREPARATION OF STAFF REPORT

Prepared By: Concurred By:

Michael Lloyd, P.E. Brian Mohan
Public Works Director/City Engineer Assistant City Manager/Chief Financial Officer/City Treasurer

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

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, enh anced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

F.1
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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. Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study

2. NEXUS STUDY ADOPTION RESOLUTION (10.25

3. Ordinance Workforce Development and Public Art DIF (10.25

4. DIF ADJUSTMENT RESOLUTION

APPROVALS

Budget Officer Approval ✓ Approved . 10/26/22 1:49 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 10/26/22 1:52 PM F.1
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CITY OF MORENO VALLEY

WORKFORCE DEVELOPMENT

FACILITIES AND PUBLIC ART

IMPACT FEE NEXUS STUDY

FINAL

SEPTEMBER 16, 2022

Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Aurora, CO
Suite 300 Suite 200 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: (510) 832-0899 Tel: (800) 755-6864 Plano, TX
Fax: (888) 326-6864 Seattle, WA
Washington, DC
www.willdan.com
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TABLE OF CONTENTS

1. INTRODUCTION ........................................................................... 2 Background and Study Objectives 2
Organization of the Report 2
Facility Standards and Cost Allocation Approach 2

2. LAND USE ASSUMPTIONS ............................................................ 4 Use of Growth Projections for Impact Fees 4
Land Use Types 4
Growth Projections for City of Moreno Valley 5
Occupant Densities 5

3. WORKFORCE DEVELOPMENT FACILITIES ....................................... 7 Facility Inventories and Standards 7
Cost Allocation 8
Use of Fee Revenue 9
Non-Fee Funding Required 9
Fee Schedule 9

4. PUBLIC ART FEE ....................................................................... 11 Fee Calculation 11
Implementation 11
Fee Schedule 12

5. AB 602 REQUIREMENTS ............................................................ 13 Compliance with AB 602 13

6. IMPLEMENTATION ...................................................................... 15 Impact Fee Program Adoption Process 15
Inflation Adjustment 15
Reporting Requirements 15
Programming Revenues and Projects with the CIP 15

7. MITIGATION FEE ACT FINDINGS .................................................. 16 Purpose of Fee 16
Use of Fee Revenues 16
Benefit Relationship 16
Burden Relationship 17
Proportionality 17

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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND 2 1. Introduction
This report summarizes an analysis of the need for public f acilities and capital improvements to support future develop ment within the Cit y of Moreno Valley through 2040. It is the City’s intent that the costs re presenting future develo pment’s share of these facilities and improvements be imposed on that development in the form of a development impact fee, also known as a publi c facilities fee. The public facilities and improv ements included in this analysis of th e City’s public facilities fee program all fall into the workforce development facilities and public art categories.

Background and Study Objectives
The primary policy objective of a s impact fee program is to ensure that new d evelopment pays the capital costs associated wi th growth. The pri mary purpose of this report is to establish two new development impact fee s. One that funds workforce development facilities and one that funds pub lic art in Moreno Valley . Workforce development facilities house programs that aid residents and people who work in Moreno Valley in enhancing their employment opportunities.

The City imposes p ublic facilities fees u nder authority granted by the Mitigation Fee Act , contained in California Government Code Sections 66000 et seq . Th is report provides the necessary findings required by the Act for adoption of the fee s presented in the fee s chedules contained herein.

Organization of the Report
The determ ination of a publi c facilities f ee begins with the selection of a planning horizon and development of projections for population and em ployment. These projections are u sed throughout the analysis and are summarized in Chapter 2.

Chapter 3 is devoted to documenting the maximum justified impact fees for workforce development facilities.

Chapter 4 documents the public art fee analysis
Chapter 5 describes how this nexus study complies with the requirements AB 602.

Chapter 6 describes the fee implementation process.

The five statutory findings required for adoption of the proposed public facilities fees in accordance with the Mitigation Fee Act (codified in California Government Code Sections 66000 through 66025) are summarized in Chapter 7.

Facility Standards and Cost Allocation Approach
A facility standard is a policy that indicates the amount of facilities required to accommodate service demand. Examples of facili ty standards include bui lding square feet per capi ta or park acres per c apita. Stan dards also may be expressed in monetary terms such as the value of facilities per capita , or the value of improvements per acre or per capita . The adopted facilit y standard is a critical component in determining development ’s need f or new facili ties and th e amount of the fee. Standards determine new development’s fair share of planned facilities and ensure that new development does not fund deficienc ies associated with the e xisting city infrastructure.

The workforce development facilities fees cal culated in this report use a system plan standard translated into facility costs per capita to determine new development ’s fair share of plan ned facility cos ts. A cost standard provides a reas onable method for converting disparate ty pes of F.1.a
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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 3 facilities, in this case workforce development facilities, into a single measure of demand (capital cost per capita). This approach is based on a master facility plan in situations where the needed facilities serve both existing and new development. This approach allocates existing and planned facilities across existing and new development to determ ine new deve lopment’s fair share of facility needs. Th is approach is used when it is not possible to differentiate the benefits of new facilities between new and ex isting development. Often the system plan is based on increasing facility standards, so the City must fi nd non-impact fee revenue sources to fund existing development’s fair share of planned facilities.

The public art fee uses a planned facilities approach, where costs are allocated based on the ratio of planned facilities that serve new development to the inc rease in deman d associated with new development. In this case, the cost of public art allocated to new development is equal to 1% of a development project’s construction valuation.

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4 2. Land Use Assumptions
This chapter describes the projections of growth used i n this study. The ex isting serv ice population in 2022 is used as the base year of the study and the p lanning horizon is t he year 2040. This chapter also describes the sources of the unit cost s for land and buildings used in this study.

Use of Growth Projections for Impact Fees
Estimates of the existing service population and projections of growth are critical assumptions used throughout this report. These estimates are used as follows:
• The estimate of existing service population in 2022 is used as an indicator of existing facility demand and to determine existing facility standards. • Estimates of total service population in 2040 are used to determine the total amou nt of workforce development facilities requ ired to a ccommodate the future service population.
• Estimates of the existing service population and new development service population are used to allocate the fair share o f total planned facility costs between existing and new development.

Land Use Types
To ensure a reasonable relations hip between each fee and the type of development paying the fee, growth projections distinguish between differ ent land us e types. The fees calculated in this report are charged per square foot for residential dwell ing units . Relevant terms are defined below.
• Residential Dwelling Units: All residential dwelling units including detached and attached one-unit dwellings (Includes single family homes and townhomes ) and attached multifamily dwellings including duplexes an d condominiums. Fees charged per square foot.
• Commercial: All commercial, retail, educational, and hotel/motel development. • Office: All general, professional, and medical office development. • Industrial: All manufacturing and other industrial development. • Warehousing: All warehouse development
The City should have the disc retion to impose the workforce development facilities fee based on the specific aspects of a proposed development regardless of zoning. The guideline to use is the probable occupant density of the development. The fee imposed should be based on the land use type that most closely matches the probable occupant density of the development.

Impact Fees for Accessory Dwelling Units
The California State Legisla ture recently amended requirements on local agenc ies for the imposition of development impact fees on accessory dwelling units (ADU) with Assembly Bill AB 68 in 2022. The amendment to California Government Co de §65852.2(f)(2) stipulates that local agencies may not impose any impact fees on ADU less than 750 square feet. ADU gr eater than 750 square feet can be charged impact fees in proportion to the size of the primary dwelling unit.

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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 5 Calculating Impact Fees for Accessory Dwelling Units
For A DUs greater than 750 squar e feet, impact fees can be c harged as a percentage of the single family impact fee. The formula is:

𝐴𝐷𝑈 𝑆𝑞𝑢𝑎𝑟𝑒 𝐹𝑒𝑒𝑡
𝑃𝑟𝑖𝑚𝑎𝑟𝑦 𝑅𝑒𝑠𝑖𝑑𝑒𝑛𝑐𝑒 𝑆𝑞𝑢𝑎𝑟𝑒 𝐹𝑒𝑒𝑡 × 𝑆𝑖𝑛𝑔𝑙𝑒 𝐹𝑎𝑚𝑖𝑙𝑦 𝐼𝑚𝑝𝑎𝑐𝑡 𝐹𝑒𝑒 = 𝐴𝐷𝑈 𝐼𝑚𝑝𝑎𝑐𝑡 𝐹𝑒𝑒

In the case of an 800 square foot ADU and a 1,600 square foot primary residence, the impact fee would be 50 percent (800 square feet / 1,600 square feet = 50%) of the primary dwelling unit fee.

Growth Projections for City of Moreno Valley
Workforce development facilities in Moreno Valley primarily serve residents of working age (ages 18 to 65 years old) , and the current wor kforce in the City of Moreno Valley . Anyone who is o f working age or employed within the City of Moreno Val ley is e ligible to rec eive workforce development services from the City. Consequently, the service population for this analysis consists of residents between the ages of 18 and 65 and people employed in the City.

The base year for this study is the year 2022. The planning horizon is 2040. Service population growth between 2022 and 2040 comprises the growth increment in this analysis. The population projection for 2040 is b ased on population projections pro vided by SCAG's Int egrated Growth Forecast from the 2016-2040 Regiona l Transportation Plan (RTP) and is consistent with the assumptions used in the C ity’s 2022 Development Impact Fee S tudy Update. Note that t he residential estimates and projections used in this workforce development impact fee study exclude residents less than 18 years o ld, or greater than 65 years old, based on the most recent data from the American Community Survey. Estimates of existing and projected employment are also consistent with the City’s 2022 study.

Table 1 shows estimates of t he growth in t erms o f working age residents and employees between 2022 and 2040. Residents and employees are weighted equally since b oth groups are equally eligible to receive workforce development services from the City.

Table 1: Workforce Development Service Population
Residents1 Workers
Service
Population
Existing (2022) 132,900 41,600 174,500
New Development (2022-2040) 30,400 41,600 72,000 Total (2040) 163,300 83,200 246,500
Weighting Factor 1.00 1.00
1 Estimate of residents over the age of 18 and under 65 based on data from DOF and ACS.

Source: Table 2.1; California Department of Finance Table E-5, 2022; American Community Survey Table K200104, 2019; Willdan Financial Services.

Occupant Densities
Fees in this report are first calculated based on dwelling units or building square feet. Residential fees per average dwelling unit are then translated into fees per square foot, using the latest data from the American Housing Survey (2019) . Occupant density assumptions ensure a re asonable F.1.a
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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 6 relationship between the size of a d evelopment project, the incre ase in service population associated with the project, and the amount of the fee.

The average occ upant density factors used in this report are shown in Table 2. The residential density factors are based on data for Moreno Valley from the 2019 U.S. Census’ American Community Survey , the most re cent data availa ble. Note that the residential density factor excludes people younger than 18 and older than 65 years old.

The nonresidential occupancy factors are based on occupancy factors found in the Employment Density Study Summary Report , prepared for the Southern California Association of Governments by The Natelson Company and are consistent with the C ity’s 2022 impac t fee study. Though not specific to Moreno Valley , t he Natelson study covered employment densit y over a wide array of land use and development types, mak ing it reasonable to apply these factors to other areas. The specific factors used in t his report are f or devel oping suburban a reas, as defined by the Natelson study.

Table 2: Occupant Density
Residential 2.45 Workforce Aged Residents Per Dwelling Unit Nonresidential
Commercial 2.39 Employees per 1,000 square feet
Office 3.12 Employees per 1,000 square feet
Industrial 1.16 Employees per 1,000 square feet
High Cube Warehouse 0.72 Employees per 1,000 square feet Sources: U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Tables B25024 and K200104 ; The Natelson Company, Inc., Employment Density Study Summary Report, prepared for the Southern California Association of Governments, October 31, 2001, SCAG region data; CA DOF Table E-5, 2022; Willdan Financial Services.

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7 3. Workforce Development
Facilities
The following chapter documents the nexus analysis, demonstrating the need for new workforce development facilities demanded by new development.

Facility Inventories and Standards
This section describes the City’s workforce development facility inventory and facility standards.

Existing Inventory
Table 3 summarizes the City’s c urrent inventory of workforce development facilities. While the City currently operates a workforce development program, it leases building space and only owns some IT equipm ent. In total, the C ity owns $43,000 of workforce developm ent facilities equipment.

Table 3: Existing Facilities Inventory
Inventory Unit Cost Value
Equipment
Computers 42 1,000$ 42,000$
Televisions 2 500 1,000
Subtotal 44 43,000$
Total Value of Existing Facilities 43,000$
Sources: City of Moreno Valley.

Planned Facilities
Table 4 summarizes the planned facilities needed to serve the City through 2040, as ide ntified by City’s workforce development program. The City plans to build a joint use facility tota ling 65,000 square feet. Of that building, 3 3,000 square feet w ill be allocated to the Business & Employment Resource Center (BERC), the City ’s future workforce development fac ility. The workf orce development share o f this planned facility is $22.8 million. Costs were pro vided by the City for use in this analysis.

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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 8 Table 4: Planned Workforce Development Facilities
Quantity Unit Cost Value
Buildings (square feet)
Business & Employment Resource
Center share of Joint Use Facility1 33,000 692$ 22,836,000$ Total Value of Planned Facilities 22,836,000$
1 Total facility size is 65,000 square feet estimated to cost $45 million.

Source: City of Moreno Valley.

Cost Allocation
Existing Level of Service
Per the new nexus stu dy requirements that went into effect of January 1, 2022, a nexus study “shall identify the existing level of service for each public facility, identify the proposed new lev el of service, and include an explanation of why the new le vel of service i s appropriate.” The City’s existing level of service is de minimis since it does not own a workforce development facility.

Once the planned facilities have been constructed and new development has increased the City’s service population the resulting facility cost per capita will be h igher than the negligible cost per capita that exist s today . The increased fa cility standard is needed to ensure that the City can provide workforce development services to all eligible residents and employees in the City.

Future Level of Service
Table 5 shows new develo pment’s p rojected pe r capita i nvestment in workforce development facilities at the planning horizon. This level of ser vice drives the fee calc ulation. This value is calculated by dividing cost of existing and planned fac ilities by the service population at the planning h orizon. The value per capita is the same for residents of working age and people employed in the City, since both groups of people are eq ually eligible to use the City’s workforce development services.

Table 5: Workforce Development Facilities System
Standard
Value of Existing Facilities 43,000$
Value of Planned Facilities 22,836,000
Total System Value (2040) 22,879,000$
Future Service Population (2040) 246,500
Cost per Capita 93$
Sources: Tables 1, 3 and 4; Willdan Financial Services.

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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 9 Use of Fee Revenue
The City can use workforce development facilities fee revenues for the construction or purchase of buildings, land, vehicles, and workforce development equipment that are part of the system of workforce development facilities serving new development. A list of planned facilities is included in Table 4.

Non-Fee Funding Required
Completing the planned facilities will provide a higher value of facilities per capita than is currently provided in Moreno Valley. Impact fee revenue may not be used to increase the level of service provided to existing development. Therefore, impact f ee revenue will not fully f und the planned workforce development facilities and some non-fee funding will be required. Table 6 shows the projected fe e revenue and the non -fee funding require d through 2040. After ac counting for the projected f uture impact fee revenue, approximately $ 16.1 million in non-fee fun ding w ill be needed to c omplete the planned workforce development facilities. The City will need to use alternative funding sources to f und existing dev elopment’s share of the planned workforce development facilities. Potential sources of revenue include but are not limited to existing or ne w general fund revenues, existing or new taxes, special assessments, and grants.

Table 6: Revenue Projection - System Standard
Cost per Capita 93$
Growth in Service Population (2022 - 2040) 72,000
Fee Revenue 6,696,000$
Cost of Planned Facilites 22,836,000$
Other Funding Needed 16,140,000$
Sources: Tables 1, 4 and 5.

Fee Schedule
Table 7 shows the maximum justified workforce development facilities fee schedule. The City can adopt any fe e up to this amount. The cost per capita is co nverted to a fee per unit of n ew development based on dwelling unit and employment dens ities (persons per dwelling uni t or employees per 1,000 squa re feet of nonresidential building spa ce). The fee per dwelling unit is converted into a fee per sq uare foot by dividing the fee per dwelling unit by the assumed average square footage of a dwelling unit.

The total fee inclu des a two percent (2.0%) administrative charge to fund costs that include: a standard overhead charge applied to City programs for legal, accounting, and other departmental and administrative support, and fee program admi nistrative costs includ ing revenue collection, revenue and cost accounting and mandated public reporting.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program ad ministration. The ad ministrative c harge should be reviewed and adjusted during compre hensive impact fe e updates t o ensure t hat revenue ge nerated f rom the charge sufficiently covers, b ut does not exceed, the administrative costs associated with the fee program.

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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 10 Table 7: Workforce Development Facilities Impact Fee Schedule A B C = A x B D = C x 0.02 E = C + D E / Average
Cost Per Admin Fee per
Land Use Capita Density Base Fee 1 Charge1, 2 Total Fee 1 Sq. Ft. 3 Residential Dwelling Unit 93$ 2.45 228$ 5$ 233$ 0.13$ Nonresidential
Commercial 93$ 2.39 222$ 4$ 226$ 0.23$ Office 93 3.12 290 6 296 0.30 Industrial 93 1.16 108 2 110 0.11 High Cube Warehouse 93 0.72 67 1 68 0.07 1 Fee per dw elling unit (residential) or per 1,000 square feet (nonresidential).

Sources: Tables 2 and 5.
2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
3 Assumes an average of 1,729 square feet per dw elling unit in the Riverside - San Bernardino MSA per the 2019 American Housing Survey.

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11 4. Public Art Fee
The purpose of a public art impact fee is to provide a funding source from new development to expand the City’s artistic and cultural resources and to enhance the built environment and quality of life as that development occurs.

To comply with the proposed ordinance, a new development project would pay a development impact fee valued at 1.0% of the project valuation to be deposited in the public art fee fund. A fee of 1.0% of project value is a reasonable and commonly used by jurisdictions for art in public places fees. A fee based on the valuation of a project will always be pro portional to a pr oject’s demand for publi c art as larger projects cost more to construct and will consequently pay higher fees than smaller projects.

The 1.0% fee wi ll always reflect the current price of construction, which is a direct measure of inflation. Because the fee is base d on a cost that will always r eflect the status of the local economy, the fee essentially updates itself as time goes on and will not requi re adjustment once adopted.

Fee Calculation
The City of Moreno Valley has made considerab le investments in public art facilities. The City’s Civic Center includ es a public amphitheater. Based on data from the C ity’s 2022 City H all facilities development impact fee, the replacement cost of the City Hall facilities is $34,548,471.

The amphitheater located on the same site (but excluded from the total value of City Hall facilities noted above) cost the City $6,944,488 in construction c osts. The amphitheater represents 16.7% of the total cost of the Civic Center site, which is used here as a p roxy for the existing level of service of public art facilities. Table 8 details the civic center amphitheater cost allocation.

The amphitheater at the Civic Center site represents an example of the type of public art investments that the City will use public art fee revenue to construct. While the City has invested

16.7% of t he total site costs in public art facilities, it plans to impose a significantly lower fee on private devel opment to fund pu blic art at 1.0% of the construction valuation. A fee of 1 .0% represents a lower l evel of service than the 16.7% of construction costs implied by the civic center amphitheater facility.

Table 8: Civic Center Amphitheater Cost Allocation
Cost Share
Ampitheater Construction Cost 6,944,488$ 16.7%
City Hall Facilities Existing Inventory 34,548,471 83.3% Total Replacement Cost 41,492,959$ 100.0%
Sources: City of Moreno Valley; Development Impact Fee Study Update, January 28, 2022, City of Moreno Valley; Willdan Financial Services.

Implementation
Applicability: The fee will be applied to all new development which exceeds the project valuation threshold of $500,000. This includes new residential projects of two or more dwelling units, and any net new nonresidential building square footage.

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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 12 Exemptions: The fees would not apply to remodeling proj ects, standalone plumbing, electrical, and mechanical permits, or projects that do not result in additional dwelling units or nonresidential building square footage.

The City’s ordinance exempts the following projects from paying the fee:
• City Projects
• repair of recons truction of structure damaged by fire, flood, wind, earthquake, or other natural disaster
• affordable housing including transitional housing, low -income housing construction, remodel, repair, or reconstruction projects
• construction, remodel, r epair, or reco nstruction of structures to be occupied by a nonprofit, social service agency or institution
Fee Program Accounting: Any fee revenue collected will be placed into the public art fee fund.

The fee revenue cannot be spent on any purpose other t han those specified in its art in public places ordinance.

Use of Fee Revenue: The City’s ordinance specifies the acceptable uses of public art fee revenue as follows:
• Physical artwork (Sculptures and Murals)
• Performing Arts
• Literary Arts
• Media Arts
• New Media
• Cultural Facilities (Public galleries, exhibition space, performance space, theaters, artistic studio space, are and educational facilities, or similar facilities) • Education: Lectures, presentations, workshops, and arts and culture • Other Works as determined by the City Manager or their appointee Fee Schedule
Table 9 shows the public art fee schedule. The City can adopt any fee up to this amount.

Table 9: Public Art Fee Schedule
Percentage of Project Valution 1%
Source: City of Moreno Valley.

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13 5. AB 602 Requirements
On January 1, 2022, new requirements went into effect for California jurisdictions implementing impact fees. Among other c hanges, AB 602 added Section 66016.5 to the Government Code , which set guidelines for impact fee nexus studies. Three k ey requirements from that section which concern the nexus study are reproduced here:
66016.5. (a) (2) When ap plicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, an d include an explanation of wh y the new level of service is appropriate.
66016.5. (a) (4) If a ne xus study suppor ts the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.
66016.5. (a) (5) A nexus study adopted after July 1, 2022, sh all calculate a fee imposed on a housing development project proportionately to the squ are footage of pro posed units of the development. A local agency that imposes a fee pr oportionately to the square footage of the proposed units of the development shall be deemed to h ave used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. 66016.5. (a) (6) Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study.

Compliance with AB 602
The following sections describe this study’s compliance with the new requirements of AB 602. 66016.5. (a) (2) - Level of Service
The maximum justified workforce development impact fees calculated in this study represent an increase in the f acility l evel o f service. The increased level of service is required to fund new development’s fair share of facilities identifi ed by the City . New develo pment will not fund the entirety o f the increase in level of service, rather, it will fund a share of t he i ncreased l evel of service represented b y the planned facilities. The Cit y will h ave to fund existing development’s share of the increase level of service through any other funding source.

The public art fee imposed at 1% of the construction project valuation represents a lower level of service than the City has invested in its own Civic Center facilities. 66016.5. (a) (4) – Review of Original Fee Assumptions
This requirement is not applicable since the City does not currently char ge a workforce development facilities impact fee or public art fee.
66016.5. (a) (5) – Residential Fees per Square Foot
Workforce development facilities fees for residential land uses are calculated per square foot and comply with AB 602.

Public art fees are calculated based on development project’s construction valuation and are proportional to the impact of each project. Larger projects cost more to construct and consequently pay higher public art fees compared to smaller projects.

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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 14 66016.5. (a) (6) – Capital Improvement Plan
The Capital Improvement Plan for the workforce development facilities fee is comp rised of the identified planned facility listed in Table 4.

Given the uncertain amount and timing of public art fee revenue, the City will program art fee revenue to s pecific projects annually during the City’s budget proce ss. The scale and cost of public art will depend on the fee revenue collected. The City is considering public art installations at the following locations:

1. Along Juan Bautista de Anza Trail at intersections with major streets, and various interactive displays within the interior of the trail system

2. Civic Center Plaza

3. The intersection of Alessandro Blvd and Nason St. which is the location of “Destinatio n MoVal,” the city’s future new downtown

4. Moreno Valley Town Center

5. Various City parks, including but not limited to : Sunnymead Park, Moreno Valley Community Park, and the future Pump Track

6. Senior Center

7. Animal Shelter
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15 6. Implementation
Impact Fee Program Adoption Process
Impact fee program ad option procedu res are found in the California Go vernment Code section 66016. Adoption o f an impact fee program requires the City Council to follow certain procedures including holding a public hearing. Data, such as an impact fee report, must be made avail able at least 30 days prior to the public hearing. The City’s legal counsel should be c onsulted for an y other procedur al re quirements as well as advi ce regard ing adoption of an enabling ordinance and/or a resolution. After adoption there is a mandatory 60 -day waiting period before the fees go into effect.

Inflation Adjustment
The City has kept its impact fee program up to date by periodically adjusting the fees for inflation.

Such adjustments should be completed regularly to ensure that new development wil l fully fund its share of need ed facilities. We recommend that the following indices be used for adjus ting the workforce development impact fees for inflation:
 Buildings – Engineering News-Record’s Building Cost Index (BCI)  Equipment – Consumer Price Index, All Items, 1982 -84=100 for All Urban Consumer s (CPI-U)
The indices recommended can be found for local jurisdictions (state, region), and for the nation.

We recommend that the national indices be used to adjust for inflation, as the national indices are not subject to frequent dramatic fluctuations that the localized indices are subject to.

While fee upda tes using infla tion indices are appropri ate for period ic updates to ens ure that fee revenues keep up with increases in the costs of public facilities, the City will also need to conduct more extensiv e up dates of the f ee docu mentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available.

Reporting Requirements
The City complies with the ann ual and five-year reporting requirements of the Mitigation Fee Act.

For facilities to be funded by a combination of public fees and other revenues, identification of the source and amount of these non-fee revenues is essential. Identification of the timing of receipt of other revenues to fund the facilities is also important.

Programming Revenues and Projects with the CIP
The City maintains a five-year Capital Improvement Program (CIP) to plan for future infrastructure needs. The CIP identifies costs and p hasing for spe cific capital projects. The us e of the CIP in this man ner documents a reasonable relati onship between new development and the use of those revenues.

The City may decide to al ter the scope of the planned projects or to substitute new projects as long as th ose new projects continue to r epresent an expa nsion of the City’s facilities. If the to tal cost of facilities varies from th e total cost used as a ba sis for t he fees, the City should consider revising the fees accordingly.

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16 7. Mitigation Fee Act Findings
Fees are assessed and typically pai d when a bui lding permit is issued and imposed on new development projects by local agencies responsible for regulating land use (cities and counties).

To guide the imposition of facilities fees , the Calif ornia State Legislature adopted the Mitigation Fee Act with Assembly Bill 1600 in 1987 and subsequent amend ments. The Act, contained in California Government Code §§66000 – 66025, establishes requirements on local agencies for the imposition and administration o f fees. The Ac t re quires loc al agencies to do cument five statutory findings when adopting fees.

The five findings in the Act required for adoption of the maximum just ified fees documented in this report are: 1) Purpose of fee, 2) Use of f ee Revenues, 3) B enefit Relationship, 4) Burd en Relationship, and 5) Propo rtionality. They are each discussed below an d are supported throughout this report.

Purpose of Fee
• Identify the purpose of the fee (§66001(a)(1) of the Act).

We understand that it is the policy of the City that new development will not burden the existing service population with the cost of workforce development facilities or public art required to accommodate grow th. The purpose of the fees propo sed by this report is to implement this policy by providing a fundi ng source from new development for capit al improvements to serve that developme nt. The fees advance a legitimate City interest by enabling the City to provi de capital facilities to new development.

Use of Fee Revenues
• Identify the use to which the fees wil l be put. If t he use is fina ncing facilities, the facilities shall be identifie d. That identification may, but need n ot, b e made by reference to a capital i mprovement plan as specified in § 65403 or §66002, may be made in a pplicable general or specific plan requirements, or may be mad e in other public documents that identi fy the facil ities for which the fe es are charged (§66001(a)(2) of the Act).

Fees proposed in this report, if enacted by th e City, would be used to fund expanded facilities to serve new deve lopment. Facilities funded by these fees are designated to be locat ed within the City. Fees addressed in this report will be used to fund workforce development facilities and public art.

Descriptions of the planned facilities such as size and cost es timates are included in Chapter 3 and Chapter 5 of this report. The City may change the list of planned facilities to me et changing needs and circumstan ces o f new development, as it deems necessary. The fees s hould be updated if these amendme nts result in a significant change in the fair sh are cost alloc ated to new development.

Benefit Relationship
• Determine the reasonable rel ationship b etween the fees' use and the type of development project on which the fees are imposed (§66001(a)(3) of the Act).

We expect that the City will restrict fee revenue to the construction of facilities and buildings, and purchase of related equipment, furnishi ngs, and vehicle s, and installation of pub lic art used to serve new development as descri bed above under the “Use of Fee R evenues” finding. The City F.1.a
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Attachment: Moreno Valley - Workforce Development Facilities and Public Art Impact Fee Nexus Study (5982 : PUBLIC HEARINGS AND City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 17 will keep fees in segregated accounts. Facilities funded by the fe es are expected to provide a citywide network of faci lities accessible to the additional residents and workers associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown bet ween the use of fee revenue and the new development paying the fees.

Burden Relationship
• Determine the reasonable relation ship between the need for the public facilities and the types of development on which the fees are imposed (§66001(a)(4) of the Act).

Facilities n eed i s based on a fa cility standard that represents the demand generated by n ew development for those faciliti es. For workforce development facilities, demand is measured by a single facili ty s tandard th at can be applied across land use types to ensure a reason able relationship to the type o f development. The demand for workforce development facilities is based on working aged residential population and persons employed in the City. For public art, development will pay the fee based on a percentage of the project valuation.

The standards used to identify facility needs are also used to determine if the planned facilities will partial ly se rve the existing service p opulation by correcting existing deficiencies. This approach e nsures that new development will only be respo nsible for its fair share of planned facilities, and that the fees will not unfairly b urden new d evelopment with the share of facilities associated with serving the existing service population.

Chapter 2, Land Use Assumptions, provides a description of how service population and growth projections are calculated. Facility standards are discussed in th e Cost Allocation section of Chapter 3 and the Fee Calculation section of Chapter 4.

Proportionality
• Determine how there is a reason able relationship between the fees amount and the cost of th e facilities or portion of the facilities attributable to the developmen t on which the fee is imposed (§66001(b) of the Act).

The reasonable relationship between the workforce development facilities fee for a specific new development project an d the cost of the facilities attr ibutable to that project i s ba sed on the estimated service population that will be generated by the project. Fees for a specific project are based on the project’s number of dwelling units and the square footage of each new dwelling unit. New development p rojects with greater square fo otage can result in a hig her service population, resulting in higher fee rev enue than smaller projects with less square footage. Thus, the fees ensure a reasonable relat ionship between a specifi c new de velopment project and the cost of the facilities attributable to that project.

The public art fees are charged based on project valuation. Larger projects cost more to construct and consequently pay higher public art fees compared to smaller projects.

See Chapter 2, Land Use Assumptions for a description o f how facility de mand factors are determined for all land uses. See the Fee Schedule section of Chapter 3 for a present ation of the maximum justified workforce development facilities fees.

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Date Adopted: _________, 2022

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ADOPTING THE WORKFORCE

DEVELOPMENT FACILITIES AND PUBLIC ART IMPACT FEE

NEXUS STUDY AND AMENDING THE CAPITAL IMPROVEMENT
PLAN

WHEREAS, the City of Moreno Va lley (“City”) is a general law city organized pursuant to Article XI of the California Constitution; and

WHEREAS, the City Council desires to adopt a development impact fee to generate revenue for construction or purchase of buildings, land, vehicles and workforce development equipment that are part of the system of workforce development facilities serving new development; and

WHEREAS, the City Council further desires to adopt a development impact fee to provide a funding source from new developm ent to expand the City’s artistic and cultural resources and to enhance the built environment and quality of life as development occurs; and

WHEREAS, the Mitigation Fee Act standardizes the procedures for the imposition of development impact fees by certain public agencies; and

WHEREAS, the Mitigation Fee Act was passed "in response to concerns among developers that local agencies were imposing development fees for purposes unrelated to development projects," as held in Ehrlich v City of Culver City (1996) 12 C4th 854, 864; and

WHEREAS, the Mitigation Fee Act applies to "fees" imposed by the City on “development projects” to fund “public facilities,” as these terms are defined in Government Code section 66000; and

WHEREAS, the Mitigation Fee Act defines "f ee[s]" as "monetary exaction[s] other than a tax or special assessment, whether est ablished for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis" that are imposed by a local agency as a condition of approval of a development project for the purpose of defraying costs of pub lic facilities related to the development project, but does not include fees for building inspections, as held in Barratt Am., Inc. v City of Rancho Cucamonga (2005) 37 C4th 685; and

WHEREAS, the Mitigation Fee Act defines a "dev elopment project" as any “project undertaken for the purpose of development”; and

WHEREAS, the Mitigation Fee Act broadly defines "public facilities" to include "public improvements, public services, and communi ty amenities" (Government Code section F.1.b
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66000); and

WHEREAS, the Mitigation Fee Act requires t hat the City make a determination, supported by evidence, that t here is a “reasonable relationship” between the impact of a project and the development impact fee imposed (Government Code 66001); and

WHEREAS, the California Supreme Court has interpreted the Mitigation Fee Act's "reasonable relationship" standard as "embodying the standard of review formulated by the [United States Supreme Court] in its Nollan and Dolan opinions," as set forth in Ehrlich v City of Culver City (1996) 12 C4th 854 at 860; and

WHEREAS, in light of the foregoing, the Mitigat ion Fee Act requires that there be a reasonable relationship between: (1) a developm ent impact fee’s use and the type of development project on which the development impact fee is imposed; (2) the need for the public facility funded by the development impact fee and the type of development project on which the development impact fee is imposed; and (3) the amount of the development impact fee and the cost of the public facility attributable to the development on which the development impact fee is imposed; and

WHEREAS, Assembly Bill No. 602 (“AB 602”) was approved by the Governor in September of 2021. In rele vant part, it added Government Code Section 66016.5, which requires that as of January 1, 2022, an impact fee nexus study must be adopted before the adoption of an associated development fee, and delineates certain requirements respecting the nexus study; and

WHEREAS, in accordance with AB 602, the City provided at least 30 days’ notice of the City’s consideration of adopting the Nexus Study at a duly notice public hearing; and

WHEREAS, AB 602 further requires that the City adopt a Capital Improvement Plan as a part of the nexus study; and

WHEREAS, the City retained the professional services of Willdan Financial Services to prepare a nexus study in accordance with AB 602, attached hereto as Exhibit “A” and incorporated herein by this reference, the Workforce Development Facilities and Public Art Impact Fee Nexus Study, dated September 16, 2022 (the “Nexus Study”), for the purpose of identifying the purpose of the impact fee and the use to which fees shall be put; and

WHEREAS, the City previously adopted a Capita l Improvement Plan, which it has updated periodically, and desires to amend it as set forth in the Nexus Study; and

WHEREAS, in accordance with AB 602, on Nove mber 1, 2022, after a duly held public hearing, the City adopted the Nexus Study, including t he amendment to the capital improvement plan as part of the Nexus Study; and

WHEREAS, the Nexus Study also provides t he requisite evidence to support the F.1.b
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findings and conclusions that a reasonabl e relationship exists between: (1) each development impact fee’s use and the ty pe of development project on which the development impact fee is imposed; (2) th e need for the public facility funded by each development impact fee and the type of deve lopment project on which the development impact fee is imposed; and (3) the amount of each development impact fee and the cost of the public facility attributable to the devel opment on which the development impact fee is imposed.

NOW, THEREFORE, the City Council of the City of Moreno Valley does hereby resolve as follows:

Section 1. Recitals

That the recitals set forth above are tr ue and correct, and are hereby incorporated herein by this reference, and adopted as findings in support of this Resolution.

Section 2. Exhibits

That the exhibits attached to this Re solution and all documents referenced herein are hereby incorporated herein by this reference, incl uding without limitation the Nexus Study.

Section 3. CEQA Review – Categorical Exemption

The City Council hereby finds that in the adoption of this Resolution and DIF update is not a project under CEQA because it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment in that it simply summarizes an analysis of development impact fees needed to support future development in the City, but does not in and of itself modify or create any new development impact fees, as that is subject to future Council consideration and action. Moreover, the proposed activity is not a project as defined by 14 California Code of Regulations Section 15378(b)(4) and therefore CEQA is not applicable. However, even if the proposed activity is deemed a project under CEQA, in accordance with t he California Envir onmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Sections 15061(b)(3), 15061(b)(2 ), and 15306 because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and the Nexu s Study studies development impacts fees per the Mitigation Fee Act, which adoption of such fees and implementation schedules are subject to future action of City Council without wh ich no changes would be made to the existing development impact fees, and such fees woul d be imposed by the City as a condition of approval of future development projects for the purpose of defraying and/or recovering from each new residential and nonresidential construction project a reasonable and proportional share of the cost of certain project-related public facilities and infrastructure improvements which are either exempt from CEQA review or which have already been evaluated under CEQA and imposed as mitigation measures in previously certified environmental impact F.1.b
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Date Adopted: _________, 2022

reports and/or adopted mitigated negative declarations.

Section 4. Definitions

The terms of this Resolution shall have the same meaning ascribed to them in Chapters 3.38, 3.42, and 3.52 of Title 3 of the Moreno Va lley Municipal Code, unless otherwise set forth herein.

Section 5. Development Impact Fee Nexus Study Update Adopted That in accordance with Government Code 66016.5, the Nexus Study is hereby adopted.

Section 6. Capital Im provement Plan Amended
The City hereby amends the Capital Improv ement Plan as set forth in the Nexus Study.

Section 7. Severability

That should any provision, se ction, paragraph, sentence or word of this Resolution or Nexus Study 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 and/or Nexus Study as hereby adopted shall remain in full force and effect.

Section 8. Repeal of Conflicting Provisions

That all the provisions her etofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 9. Certification

That the City Clerk shall certify to the passage and adoption of th is Resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED this ___ day of ______, 2022.

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Date Adopted: _________, 2022

Mayor
ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY Resolution No. 2022-XX
Date Adopted: _______ __, 2022

EXHIBIT “A”

WORKFORCE DEVELOPMENT FACILITIES

AND PUBLIC ART IMPACT FEE NEXUS STUDY
DATED SEPTEMBER 16, 2022
[SEE ATTACHED]

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY

CITY OF MORENO VALLEY

WORKFORCE DEVELOPMENT

FACILITIES AND PUBLIC ART

IMPACT FEE NEXUS STUDY

FINAL

SEPTEMBER 16, 2022

Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Aurora, CO
Suite 300 Suite 200 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: (510) 832-0899 Tel: (800) 755-6864 Plano, TX
Fax: (888) 326-6864 Seattle, WA
Washington, DC
www.willdan.com
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TABLE OF CONTENTS

3. WORKFORCE DEVELOPMENT FACILITIES ....................................... 7 Facility Inventories and Standards 7
Cost Allocation 8
Use of Fee Revenue 9
Non-Fee Funding Required 9
Fee Schedule 9

4. PUBLIC ART FEE ....................................................................... 11 Fee Calculation 11
Implementation 11
Fee Schedule 12

5. AB 602 REQUIREMENTS ............................................................ 13 Compliance with AB 602 13

7. MITIGATION FEE ACT FINDINGS .................................................. 16 Purpose of Fee 16
Use of Fee Revenues 16
Benefit Relationship 16
Burden Relationship 17
Proportionality 17

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY 2 1. Introduction
This report summarizes an analysis of the need for public f acilities and capital improvements to support future develop ment within the Cit y of Moreno Valley through 2040. It is the City’s intent that the costs re presenting future develo pment’s share of these facilities and improvements be imposed on that development in the form of a development impact fee, also known as a publi c facilities fee. The public facilities and improv ements included in this analysis of th e City’s public facilities fee program all fall into the workforce development facilities and public art categories.

Chapter 3 is devoted to documenting the maximum justified impact fees for workforce development facilities.

Chapter 4 documents the public art fee analysis
Chapter 5 describes how this nexus study complies with the requirements AB 602.

Chapter 6 describes the fee implementation process.

The workforce development facilities fees cal culated in this report use a system plan standard translated into facility costs per capita to determine new development ’s fair share of plan ned facility cos ts. A cost standard provides a reas onable method for converting disparate ty pes of F.1.b
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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 3 facilities, in this case workforce development facilities, into a single measure of demand (capital cost per capita). This approach is based on a master facility plan in situations where the needed facilities serve both existing and new development. This approach allocates existing and planned facilities across existing and new development to determ ine new deve lopment’s fair share of facility needs. Th is approach is used when it is not possible to differentiate the benefits of new facilities between new and ex isting development. Often the system plan is based on increasing facility standards, so the City must fi nd non-impact fee revenue sources to fund existing development’s fair share of planned facilities.

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 5 Calculating Impact Fees for Accessory Dwelling Units
For A DUs greater than 750 squar e feet, impact fees can be c harged as a percentage of the single family impact fee. The formula is:

In the case of an 800 square foot ADU and a 1,600 square foot primary residence, the impact fee would be 50 percent (800 square feet / 1,600 square feet = 50%) of the primary dwelling unit fee.

Source: Table 2.1; California Department of Finance Table E-5, 2022; American Community Survey Table K200104, 2019; Willdan Financial Services.

Occupant Densities
Fees in this report are first calculated based on dwelling units or building square feet. Residential fees per average dwelling unit are then translated into fees per square foot, using the latest data from the American Housing Survey (2019) . Occupant density assumptions ensure a re asonable F.1.b
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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 6 relationship between the size of a d evelopment project, the incre ase in service population associated with the project, and the amount of the fee.

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7 3. Workforce Development
Facilities
The following chapter documents the nexus analysis, demonstrating the need for new workforce development facilities demanded by new development.

Facility Inventories and Standards
This section describes the City’s workforce development facility inventory and facility standards.

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 8 Table 4: Planned Workforce Development Facilities
Quantity Unit Cost Value
Buildings (square feet)
Business & Employment Resource
Center share of Joint Use Facility1 33,000 692$ 22,836,000$ Total Value of Planned Facilities 22,836,000$
1 Total facility size is 65,000 square feet estimated to cost $45 million.

Source: City of Moreno Valley.

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 9 Use of Fee Revenue
The City can use workforce development facilities fee revenues for the construction or purchase of buildings, land, vehicles, and workforce development equipment that are part of the system of workforce development facilities serving new development. A list of planned facilities is included in Table 4.

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 10 Table 7: Workforce Development Facilities Impact Fee Schedule A B C = A x B D = C x 0.02 E = C + D E / Average
Cost Per Admin Fee per
Land Use Capita Density Base Fee 1 Charge1, 2 Total Fee 1 Sq. Ft. 3 Residential Dwelling Unit 93$ 2.45 228$ 5$ 233$ 0.13$ Nonresidential
Commercial 93$ 2.39 222$ 4$ 226$ 0.23$ Office 93 3.12 290 6 296 0.30 Industrial 93 1.16 108 2 110 0.11 High Cube Warehouse 93 0.72 67 1 68 0.07 1 Fee per dw elling unit (residential) or per 1,000 square feet (nonresidential).

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The amphitheater at the Civic Center site represents an example of the type of public art investments that the City will use public art fee revenue to construct. While the City has invested

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 12 Exemptions: The fees would not apply to remodeling proj ects, standalone plumbing, electrical, and mechanical permits, or projects that do not result in additional dwelling units or nonresidential building square footage.

The fee revenue cannot be spent on any purpose other t han those specified in its art in public places ordinance.

Table 9: Public Art Fee Schedule
Percentage of Project Valution 1%
Source: City of Moreno Valley.

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 14 66016.5. (a) (6) – Capital Improvement Plan
The Capital Improvement Plan for the workforce development facilities fee is comp rised of the identified planned facility listed in Table 4.

1. Along Juan Bautista de Anza Trail at intersections with major streets, and various interactive displays within the interior of the trail system

2. Civic Center Plaza

3. The intersection of Alessandro Blvd and Nason St. which is the location of “Destinatio n MoVal,” the city’s future new downtown

4. Moreno Valley Town Center

5. Various City parks, including but not limited to : Sunnymead Park, Moreno Valley Community Park, and the future Pump Track

6. Senior Center

7. Animal Shelter
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Inflation Adjustment
The City has kept its impact fee program up to date by periodically adjusting the fees for inflation.

We recommend that the national indices be used to adjust for inflation, as the national indices are not subject to frequent dramatic fluctuations that the localized indices are subject to.

Reporting Requirements
The City complies with the ann ual and five-year reporting requirements of the Mitigation Fee Act.

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Purpose of Fee
• Identify the purpose of the fee (§66001(a)(1) of the Act).

Benefit Relationship
• Determine the reasonable rel ationship b etween the fees' use and the type of development project on which the fees are imposed (§66001(a)(3) of the Act).

We expect that the City will restrict fee revenue to the construction of facilities and buildings, and purchase of related equipment, furnishi ngs, and vehicle s, and installation of pub lic art used to serve new development as descri bed above under the “Use of Fee R evenues” finding. The City F.1.b
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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 17 will keep fees in segregated accounts. Facilities funded by the fe es are expected to provide a citywide network of faci lities accessible to the additional residents and workers associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown bet ween the use of fee revenue and the new development paying the fees.

Burden Relationship
• Determine the reasonable relation ship between the need for the public facilities and the types of development on which the fees are imposed (§66001(a)(4) of the Act).

The public art fees are charged based on project valuation. Larger projects cost more to construct and consequently pay higher public art fees compared to smaller projects.

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Attachment: NEXUS STUDY ADOPTION RESOLUTION (10.25 [Revision 1] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY Resolution No. 2022-XX
Date Adopted: _______ __, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK

(SEAL)

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ORDINANCE NO. 2022 - __

AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, ADDING CHAPTER 3.52 (“PUBLIC ART
IMPACT FEE”) AND AMENDING CHAPTERS 3.38 (“RESIDENTIAL
DEVELOPMENT IMPACT FEES”) AND 3.42 (“COMMERCIAL AND
INDUSTRIAL DEVELOPMENT IMPACT FEES”) OF TITLE 3 (“REVENUE AND FINANCE”) OF THE MORENO VALLEY MUNICIPA L CODE TO
ADD 1) PUBLIC ART AND 2) WORKFORCE DEVELOPMENT

FACILITIES IMPACT FEES

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

WHEREAS, the City Council desired to adopt a development impact fee to generate revenue for construction or purchase of buildings, land, vehicles and workforce development equipment that ar e part of the system of work force development facilities serving new development; and

WHEREAS, the City Council further desires to adopt a development impact fee to provide a funding source from new development to expand the City’s artistic and cultural resources and to enhance the built environment and quality of life as development occurs; and

WHEREAS, the Mitigation Fee Act standardizes the procedures for the imposition of development impact fees; and

WHEREAS, the Mitigation Fee Act applies to "fees" imposed by the City on “development projects” to f und “public facilities,” as these terms are defined in Government Code section 66000; and

WHEREAS, the Mitigation Fee Act defines "fee[s]" as "monetary exaction[s] other than a tax or special assessment , whether established for a br oad class of projects by legislation of general applicabi lity or imposed on a specific project on an ad hoc basis" that are imposed by a local agency as a condi tion of approval of a development project for the purpose of defraying costs of public fa cilities related to the development project, but does not include fees for building inspections, as held in Barratt Am., Inc. v City of Rancho Cucamonga (2005) 37 C4th 685; and

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WHEREAS, the Mitigation Fee Act defines a "development project" as any “project undertaken for the purpose of development”; and

WHEREAS, the Mitigation Fee Act broadly defines "public facilities" to include "public improvements, public services, and community amenities" (Government Code section 66000); and

WHEREAS, the Mitigation Fee Act requires t hat the City make a determination, supported by evidence, that there is a “reasonable relationship” between the impact of a project and the development impact fee imposed (Government Code 66001); and

WHEREAS, the California Supreme Court has interpreted the Mitigation Fee Act's "reasonable relationship" standard as "embody ing the standard of review formulated by the [United States Supreme Court] in its Nollan and Dolan opinions," as set forth in Ehrlich v City of Culver City (1996) 12 C4th 854 at 860; and

WHEREAS, in light of the foregoing, the Mitigation Fee Act requires that there be a reasonable relationship between: (1) a deve lopment impact fee’s use and the type of development project on which the development impact fee is impos ed; (2) the need for the public facility funded by the development impact fee a nd the type of development project on which the development impact f ee is imposed; and (3) the amount of the development impact fee and the cost of the public facility attributable to the development on which the development impact fee is imposed; and

WHEREAS, Assembly Bill No. 602 (“AB 602”) was approved by the Governor in September of 2021. In relevant part, it added Government Code Section 66016.5, which requires that as of January 1, 2022, an im pact fee nexus study must be adopted before the adoption of an associated development fee, and delineat es certain requirements respecting the nexus study; and

WHEREAS, the City retained the professiona l services of Willdan Financial Services to prepare a nexus study in accordance with AB 602 incorporated herein by this reference, the Workforce Development Facilities and Public Art Impact Fee Nexus Study, dated September 16, 2022 (the “Nexus Study”), for the purpose of identifying the purpose of each development impact fee and the use to which each development impact fee is to be put; and

WHEREAS, in accordance with AB 602, on Nove mber 1, 2022, after a duly held public hearing, the City adopted the Nexus Study, including the capital improvement plan as part of the Nexus Study; and

WHEREAS, the Nexus Study also provides t he requisite evidence to support the findings and conclusions that a reasonabl e relationship exists between: (1) each development impact fee’s us e and the type of development project on which the development impact fee is imposed; (2) t he need for the public facility funded by each development impact fee and the type of devel opment project on which the development F.1.c
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impact fee is imposed; and (3) the amount of each development impact fee and the cost of the public facility attributable to the development on which the development impact fee is imposed; and

WHEREAS, Government Code Section 66017 (a) provides that any action adopting a fee or increasing a fee, upon a dev elopment project, as defined in Section 66000, which applies to the filing, accepting, reviewing, appr oving, or issuing of an application, permit, or entitlement to use, may be enacted only after a noticed public hearing and any such new or increased fees may not become effective any sooner than 60 days following the final acti on on the adoption of the new fee or fee increase, unless the City Council by a four-fifths (4/5ths) vote adopts an urgency meas ure to protect the public health, welfare and safety.

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

Section 1. RECITALS

That the above recitals are true and corre ct and are incorporated as though fully set forth herein.

Section 2. ADDING CHAPTER 3.52 (“ PUBLIC ART IMPACT FEE”) TO TITLE 3 (“REVENUE AND FINANCE”) OF THE MORENO VALLEY

MUNICIPAL CODE

That Chapter 3.52 (“Public Art Impact Fee”) is hereby added to Title 3 (“Revenue and Finance”) of the Moreno Valley Municipal Code, to read as follows:

Chapter 3.52 PUBLIC ART IMPACT FEE

3.52.010 Purpose and intent.

A. The purpose of this chapter is to promote the general welfare and enhance the quality of life for city residents, workers, and visitors by improved public placemaking and promotion of the arts.

B. The fees imposed under th is chapter are in addition to any other applicable fees, dedications, construction requirements or ot her exactions imposed as a condition of approval for the development project, or under the provisions of any state or federal law, other provisions of this code, or city resolutions and policies.

C. Nothing contained in this chapter s hall prevent the City Council from imposing requirements for inclusion of public art in particular projects not subject to the requirements of this chapt er, pursuant to conditions imposed upon a particular discretionary approval, where it is determined that facts particular to the proposed development warrant such imposition.

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3.52.020 Applicability.

A. All private development projects, as def ined in this chapter, with building permit valuation greater than five hundred thousand dollars ($500,000) shall be subject to a public art impact fee as defined in this chapter.

1. Private development projec ts include the following:
a. new nonresidential developm ents, or expansion of existing nonresidential square footage;
b. residential subdivision or development of more than two dwelling units, whether by detached single-family residential structures, condominiums, apartments, townhouses, or other dwelling units; and
c. mixed use developments wher e either of the above are true.

B. Exclusions:

1. The public art impact fee shall not apply to projects performed by or under control of City; repair or reconstruction of existing structure damaged by fire, flood, wind, earthquake, or other natural disaster; affordable housi ng including transitional housing, low-income housing construction, remodel, repair, or reconstruction projects; or construction, remodel, repair, or reconstruction of structures to be occupied by a nonprofit, social service agency or institution.

C. Public Art includes the following:

1. Physical Artwork (e.g., Sculptures and Murals);

2. Performing Arts;

3. Literary Arts;

4. Media Arts;

5. New Media;

6. Cultural Facilities (Public galleries, ex hibition space, performance space, theaters, artistic studio space, amphitheater, parks, educational facilities, or similar facilities);

7. Education: Lectures, presentations, workshops, and arts and culture; and

8. other works as determined by the City Manager or designee.

3.52.030 Payment and Fee Calculation.

Prior to the issuance of a building permit, a Public Art Impact Fee must be paid to the City of Moreno Valley for deposit in the city’s public art fund. The Public Art Impact Fee for new development is equal to one percent (1%) of the priv ate development project’s building permit valuation. Private Develo pment Project valuations will be conducted by City of Moreno Valley staff in accordance with its standard procedures. No building permit, nor occupancy permit, shall be iss ued for any applicable private development project unless the fees specified in this chapter are paid.

3.52.040 Utilization.

A. Permissible expenditures of funds may include, but are not limited to, the following uses:

1. the cost of the pub lic art and its installation or presentation;

2. construction of facilities in which to pr esent public art (Public galleries, exhibition space, performance space, th eaters, artistic studio sp ace, are and educational facilities, or similar facilities);
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3. lighting, walls, landscaping, informational signage, water works, and other objects which are an integral part of the public art and its presentation; and

4. public education and prom otion of the Public Art Program and collections.

3.52.050 Severability.

If any section, subsection, subdivision, paragr aph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unc onstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remain ing portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

Section 3. ADDING SECTION 3.38.145 (“WORKFORCE
DEVELOPMENT FACILITIES IMPACT FEE”) TO CHAPTER

3.38 (“RESIDENTIAL DEVELOPMENT IMPACT FEES”),
OF TITLE 3 (“REVENUE AND FINANCE”) OF THE

MORENO VALLEY MUNICIPAL CODE

That Section 3.38.145 (“Workforce Development Facilities Impact Fee”) is hereby added to Chapter 3.38 (“Residential Development Impact Fees”) of Title 3 (“Revenue and Finance”) of the Moreno Valley Municipal Code, to read as follows:

Section 3.38.145 WORKFORCE DEVELOPMENT FACILITIES IMPACT FEE

Workforce development facilities impact fees shall be paid by applicants for residential projects as set forth in this Chapter and in amounts adopted by the city council by resolution from time to time. No building permit, nor occupancy permit, shall be issued for any such projects unless the fees specifi ed in this chapter are timely paid. Fees collected pursuant to this chapter shall be d eposited into a separate fund and used only for the purpose of construction or purchasing of buildings, land, vehicles, and workforce development equipment that ar e part of the system of work force development facilities serving new development, provided for in Cit y’s adopted capital improvement plan, as may be amended from time to time, and applic able nexus study. Notwithstanding anything to the contrary, Section 3.38.150 (“Credit for Improvements Provided by Developers”) shall not apply to this Section, except as may be required by applicable law.

Consistent with Sectio n 3.38.160 (Adoption of fees and fee revisions), the city council may authorize by resoluti on annual adjustments to the impact fee to account for escalation in costs due to inflation; prov ided, however, the City Council may select an alternative index to that set forth in Section 3.38.160.

Section 4. ADDING SECT ION 3.42.115 (“WORKFORCE
DEVELOPMENT FACILITIES IMPACT FEE”) TO CHAPTER
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3.42 (“COMMERCIAL AND I NDUSTRIAL DEVELOPMENT
IMPACT FEES”) OF TITLE 3 (“REVENUE AND FINANCE”)

OF THE MORENO VALLEY MUNICIPAL CODE

That Section 3.42.115 (“Workforce Development Facilities Impact Fee”) is hereby added to Chapter 3.42 (“Commercial and Industrial Development Impact Fees”) of Title 3 (“Revenue and Finance”) of the Moreno Valley Municipal Code, to read as follows:

Section 3.42.115 WORKFORCE DEVELOPMENT FACILITIES IMPACT FEE

Workforce development facilities impact fees shall be paid by applicants for commercial and industrial projects as set forth in this Chapter and in amount s adopted by the city council by resolution from ti me to time. No building pe rmit, nor occupancy permit, shall be issued for any such projects unless the fees specified in this chapter are timely paid.

Fees collected pursuant to this chapter shall be deposited into a separate fund and used only for the purpose of construction or purc hasing of buildings, land, vehicles, and workforce development equipment that are part of the system of workforce development facilities serving new development, provided for in City’s adopted capital improvement plan, as may be amended from time to time, and applicable nexus study. Notwithstanding anything to the contrary, Section 3.42.110 (“Credit for Improvements Provided by Developers”) shall not apply to this Section, except as may be required by applicable law.

Consistent with Sectio n 3.42.130 (Adoption of fees and f ee revisions), the city council may authorize by resoluti on annual adjustments to the impact fee to account for escalation in costs due to inflation; provi ded, however, the City Council may select an alternative index to that set forth in Section 3.38.160.

Section 5. Exhibits

That the exhibits attached to this Ordinance and all documents referenced herein are hereby incorporated herein by this reference, including without limitation the Nexus Study.

Section 6. CEQA Review – Categorical Exemption

The City Council hereby finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this ordinance is exempt from CEQA pursuant to Sections 15061(b)(3) and 15061(b)(2) because the adoption of this Resolution is statutorily exempt pursuant to CEQA Guidelines section 15273(a)(4) (Rates, Tolls, Fares and Charges for obtaining funds for capital projects necessary to maintain se rvice within existing service area) in that development impacts fees per the Mitigatio n Fee Act and the Moreno Valley Municipal Code are imposed by the City as a condition of approval of future development projects for the purpose of defraying and/or re covering from each new residential and nonresidential construction project a reasonable and proportional share of the cost of F.1.c
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certain project-related public facilities and in frastructure improvements which are either exempt from CEQA review or which have already been evaluated under CEQA and imposed as mitigation measures in previous ly certified environm ental impact reports and/or adopted mitigated negative declarations.

Section 7. Findings

That the City Council hereby ma kes the requisite findings as set forth in Section 16 of the Nexus Study, as presented in said chapter and supported in detail by the Nexus Study.

Section 8. Effective Date

That the development impact fees herein shall not take effect until sixty (60) days following adoption of this ordinance, pursuant to Section 66017 of the Government Code.

Section 9. Severability

That the City Council declares that, s hould any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, s entences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 10. Repeal of Conflicting Provisions

That all the provisions her etofore adopted by th e City Council that are in conflict with the provisions of this Ordinance, are hereby repealed.

Section 11. Certification

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

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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:

____________________________________
Steven B. Quintanilla, Interim City Attorney

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Date Adopted: ______ __, 2022

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ADOPTING THE WORKFORCE

DEVELOPMENT FACILITIES DEVELOPMENT IMPACT FEE

SCHEDULE

WHEREAS, the City of Moreno Va lley (“City”) is a general law city organized pursuant to Article XI of the California Constitution; and

WHEREAS, Sections 3.38.145 and 3.42.115 (Wor kforce Development Facilities Impact Fee) of Chapters 3.38 (Resident ial Development Impact Fees) and 3.42 (Commercial and Industrial Development Impact Fe es), respectively, of Title 3 (Revenue and Finance) of the Moreno Valley Municipal Code established the workforce development impact fee applicable to residential and non-residential projects, respectively, and provided that the amounts shall be adopted by the City Council by reso lution from time to time, and which authorizes the City Council to provid e annual adjustments to the impact fee via resolution to account for the escalation in inflation; and

WHEREAS, the Mitigation Fee Act standardizes the procedures for the imposition of development impact fees by certain public agencies; and

WHEREAS, the Mitigation Fee Act applies to "fees" imposed by the City on “development projects” to fund “public facilities,” as these terms are defined in Government Code section 66000; and

WHEREAS, the Mitigation Fee Act defines a "dev elopment project" as any “project undertaken for the purpose of development”; and

WHEREAS, the Mitigation Fee Act broadly defines "public facilities" to include "public improvements, public services, and communi ty amenities" (Government Code section F.1.d
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66000); and

WHEREAS, the City Council desires to adopt a development impact fee to generate revenue for construction or purchase of bu ildings, land, vehicles and workforce development equipment that are part of the system of workforce development facilities serving new development; and

WHEREAS, in accordance with AB 602, on Nove mber 1, 2022, after a duly held public hearing, the City adopted the Nexus Study , including the capital improvement plan as part of the Nexus Study; and

WHEREAS, the Nexus Study also provides t he requisite evidence to support the findings and conclusions that a reasonabl e relationship exists between: (1) each development impact fee’s use and the type of development project on which the development impact fee is imposed; (2) th e need for the public facility funded by each development impact fee and the type of deve lopment project on which the development F.1.d
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impact fee is imposed; and (3) the amount of each development impact fee and the cost of the public facility attributable to the devel opment on which the deve lopment impact fee is imposed; and

WHEREAS, Government Code Section 66017 (a) provides that any action adopting a fee or increasing a fee, upon a development project, as defined in Section 66000, which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use, may be enacted only after a noticed public hearing and any such new or increased fees may not become effective any sooner than 60 days following the final action on the adoption of the new fee or fee increase, unless the Cit y Council by a four-fifths (4/5ths) vote adopts an urgency measure to pr otect the public health, welfare and safety; and

WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the construction or purchasing of buildings , land, vehicles, and workforce development equipment that are part of the system of workforce development facilities as described or identified in the Nexus Study.

NOW, THEREFORE, the City Council of the City of Moreno Valley does hereby resolve as follows:

Section 1. Recitals

That the recitals set forth above are tr ue and correct, and are hereby incorporated herein by this reference, and adopted as findings in support of this Resolution.

Section 2. Exhibits

That the exhibits attached to this Re solution and all documents referenced herein are hereby incorporated herein by this reference, incl uding without limitation the Nexus Study.

Section 3. CEQA Review – Categorical Exemption

The City Council hereby finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Sections 15061(b)(3) and 15061(b)(2) because the adoption of this Resolution is statutorily exempt pursuant to CEQA Guidelines section 15273(a)(4) (Rates, Tolls, Fares and Charges for obtaining funds fo r capital projects necessary to maintain service within existing service area) in that development impacts fees per the Mitigation Fee Act and Chapter 3.54 of the Mo reno Valley Municipal Code are imposed by the City as a condition of approval of future developmen t projects for the purpose of defraying and/or recovering from each new residential and nonresidential construction project a reasonable and proportional share of the cost of certain project-related public facilities and infrastructure improvements which are either exempt from CEQA review or which have already been F.1.d
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evaluated under CEQA and imposed as mitigation measures in previously certified environmental impact reports and/or adopted mitigated negative declarations.

Section 4. Definitions

The terms of this Resolution shall have the same meaning ascribed to them in Chapters 3.38 and 3.42 of Title 3 of the Moreno Valley Municipal Code, unless otherwise set forth herein.

Section 5. Affordable Housing

That a temporary reduction shall be in pl ace for Affordable Residential development projects until such time as the City Council deems it appropriate to amend the resolution and applicable development impact fees further. Such reduction is reflected in the DIF fee table and schedule set forth here in. The continued availability of this rate will assist in the City’s hous ing element compliance. To qualify, an affordable housing project must:
 Comply with the required Area Median Income levels to ensure affordability qualification; and
 Record appropriate affordability covenants.

Section 6. DIF Fee Table and Schedule
That in accordance with Chapters 3.38 and 3.42 the Moreno Valley Municipal Code, there is hereby adopted the DI F Fee Table, which shall be added to the summary of Development impact fees within the City’s Schedule of City Fees, Charges and Rates, summarized below as the total Workforce Development Facilities DIF:

Fee per Square Foot
Residential Dwelling Unit $0.13
Residential Dwelling Unit
(Affordable Housing) $0.065
Nonresidential
Commercial $0.23
Office 0.30
Industrial 0.11
High Cube Warehouse 0.07

That the fees shall be implemented and adjusted autom atically, with no further action by the City Council required, on January 1, for the years 2024, and 2026 to reflect any changes in costs for those certain fa cilities using the Council approved figures published in the Engineering News Record’s Building Cost Index –20 Cities Annual F.1.d
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Average, but in no event shall such fees exceed the costs asso ciated with the fee program.

Section 7. DIF PAYMENT

Payment of such fees may be made at any time once a permit application has been submitted to the City for pr ocessing and is consistent wit h applicable Municipal Code Sections, and must be made timely in accor dance with applicable law, including without limitation the Moreno Valley Municipal Code.

Section 8. Findings

That the City Council hereby makes the requisite findings as set forth in Section 7 of the Nexus Study, as presented in said chapter and supported in detail by the Nexus Study.

Section 9. Effective Date

That this Resolution shall only become effective upon sixty (60) following adoption of the Ordinance No. 2022 -XXX ( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFO RNIA, ADDING CHAPTER 3.52 (“PUBLIC ART IMPACT FEE”) AND AMENDING CHAPTERS 3.38 (“RESIDENTIAL DEVELOPMENT IMPACT FEES”) AND 3.42 (“COMMERCIAL AND INDUSTRIAL DEVELOPMENT IMPACT FEES”) OF TITLE 3 (“REVENUE AND FINANCE”) OF THE MORENO VALLEY MUNICIPAL CODE TO ADD 1) PUBLIC ART AND 2) WORK FORCE DEVELOPMENT FACILITIES IMPACT FEES), pursuant to Section 66017 of the Government Code.

Section 10. Severability

Section 11. Repeal of Conflicting Provisions

That all the provisions her etofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 12. Certification

That the City Clerk shall certify to the passage and adoption of th is Resolution and enter it into the book of original resolutions.

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Date Adopted: ______ __, 2022

APPROVED AND ADOPTED this ___ day of _____, 2022.

Mayor
ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
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EXHIBIT “A”

WORKFORCE DEVELOPMENT FACILITIES AND

PUBLIC ART IMPACT FEE NEXUS STUDY
DATED SEPTEMBER 16, 2022

[SEE ATTACHED]
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CITY OF MORENO VALLEY

WORKFORCE DEVELOPMENT

FACILITIES AND PUBLIC ART

IMPACT FEE NEXUS STUDY

FINAL

SEPTEMBER 16, 2022

Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Aurora, CO
Suite 300 Suite 200 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: (510) 832-0899 Tel: (800) 755-6864 Plano, TX
Fax: (888) 326-6864 Seattle, WA
Washington, DC
www.willdan.com
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TABLE OF CONTENTS

3. WORKFORCE DEVELOPMENT FACILITIES ....................................... 7 Facility Inventories and Standards 7
Cost Allocation 8
Use of Fee Revenue 9
Non-Fee Funding Required 9
Fee Schedule 9

4. PUBLIC ART FEE ....................................................................... 11 Fee Calculation 11
Implementation 11
Fee Schedule 12

5. AB 602 REQUIREMENTS ............................................................ 13 Compliance with AB 602 13

7. MITIGATION FEE ACT FINDINGS .................................................. 16 Purpose of Fee 16
Use of Fee Revenues 16
Benefit Relationship 16
Burden Relationship 17
Proportionality 17

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This report summarizes an analysis of the need for public f acilities and capital improvements to support future develop ment within the Cit y of Moreno Valley through 2040. It is the City’s intent that the costs re presenting future develo pment’s share of these facilities and improvements be imposed on that development in the form of a development impact fee, also known as a publi c facilities fee. The public facilities and improv ements included in this analysis of th e City’s public facilities fee program all fall into the workforce development facilities and public art categories.

Chapter 3 is devoted to documenting the maximum justified impact fees for workforce development facilities.

Chapter 4 documents the public art fee analysis
Chapter 5 describes how this nexus study complies with the requirements AB 602.

Chapter 6 describes the fee implementation process.

The workforce development facilities fees cal culated in this report use a system plan standard translated into facility costs per capita to determine new development ’s fair share of plan ned facility cos ts. A cost standard provides a reas onable method for converting disparate ty pes of F.1.d
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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 5 Calculating Impact Fees for Accessory Dwelling Units
For A DUs greater than 750 squar e feet, impact fees can be c harged as a percentage of the single family impact fee. The formula is:

In the case of an 800 square foot ADU and a 1,600 square foot primary residence, the impact fee would be 50 percent (800 square feet / 1,600 square feet = 50%) of the primary dwelling unit fee.

Source: Table 2.1; California Department of Finance Table E-5, 2022; American Community Survey Table K200104, 2019; Willdan Financial Services.

Occupant Densities
Fees in this report are first calculated based on dwelling units or building square feet. Residential fees per average dwelling unit are then translated into fees per square foot, using the latest data from the American Housing Survey (2019) . Occupant density assumptions ensure a re asonable F.1.d
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7 3. Workforce Development
Facilities
The following chapter documents the nexus analysis, demonstrating the need for new workforce development facilities demanded by new development.

Facility Inventories and Standards
This section describes the City’s workforce development facility inventory and facility standards.

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 8 Table 4: Planned Workforce Development Facilities
Quantity Unit Cost Value
Buildings (square feet)
Business & Employment Resource
Center share of Joint Use Facility1 33,000 692$ 22,836,000$ Total Value of Planned Facilities 22,836,000$
1 Total facility size is 65,000 square feet estimated to cost $45 million.

Source: City of Moreno Valley.

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 9 Use of Fee Revenue
The City can use workforce development facilities fee revenues for the construction or purchase of buildings, land, vehicles, and workforce development equipment that are part of the system of workforce development facilities serving new development. A list of planned facilities is included in Table 4.

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 10 Table 7: Workforce Development Facilities Impact Fee Schedule A B C = A x B D = C x 0.02 E = C + D E / Average
Cost Per Admin Fee per
Land Use Capita Density Base Fee 1 Charge1, 2 Total Fee 1 Sq. Ft. 3 Residential Dwelling Unit 93$ 2.45 228$ 5$ 233$ 0.13$ Nonresidential
Commercial 93$ 2.39 222$ 4$ 226$ 0.23$ Office 93 3.12 290 6 296 0.30 Industrial 93 1.16 108 2 110 0.11 High Cube Warehouse 93 0.72 67 1 68 0.07 1 Fee per dw elling unit (residential) or per 1,000 square feet (nonresidential).

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE

The amphitheater at the Civic Center site represents an example of the type of public art investments that the City will use public art fee revenue to construct. While the City has invested

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 12 Exemptions: The fees would not apply to remodeling proj ects, standalone plumbing, electrical, and mechanical permits, or projects that do not result in additional dwelling units or nonresidential building square footage.

The fee revenue cannot be spent on any purpose other t han those specified in its art in public places ordinance.

Table 9: Public Art Fee Schedule
Percentage of Project Valution 1%
Source: City of Moreno Valley.

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 14 66016.5. (a) (6) – Capital Improvement Plan
The Capital Improvement Plan for the workforce development facilities fee is comp rised of the identified planned facility listed in Table 4.

1. Along Juan Bautista de Anza Trail at intersections with major streets, and various interactive displays within the interior of the trail system

2. Civic Center Plaza

3. The intersection of Alessandro Blvd and Nason St. which is the location of “Destinatio n MoVal,” the city’s future new downtown

4. Moreno Valley Town Center

5. Various City parks, including but not limited to : Sunnymead Park, Moreno Valley Community Park, and the future Pump Track

6. Senior Center

7. Animal Shelter
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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE

Inflation Adjustment
The City has kept its impact fee program up to date by periodically adjusting the fees for inflation.

We recommend that the national indices be used to adjust for inflation, as the national indices are not subject to frequent dramatic fluctuations that the localized indices are subject to.

Reporting Requirements
The City complies with the ann ual and five-year reporting requirements of the Mitigation Fee Act.

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE

Purpose of Fee
• Identify the purpose of the fee (§66001(a)(1) of the Act).

Benefit Relationship
• Determine the reasonable rel ationship b etween the fees' use and the type of development project on which the fees are imposed (§66001(a)(3) of the Act).

We expect that the City will restrict fee revenue to the construction of facilities and buildings, and purchase of related equipment, furnishi ngs, and vehicle s, and installation of pub lic art used to serve new development as descri bed above under the “Use of Fee R evenues” finding. The City F.1.d
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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE City of Moreno Valley Workforce Development Facilities and Public Art Impact Fee Nexus Study 17 will keep fees in segregated accounts. Facilities funded by the fe es are expected to provide a citywide network of faci lities accessible to the additional residents and workers associated with new development. Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown bet ween the use of fee revenue and the new development paying the fees.

Burden Relationship
• Determine the reasonable relation ship between the need for the public facilities and the types of development on which the fees are imposed (§66001(a)(4) of the Act).

The public art fees are charged based on project valuation. Larger projects cost more to construct and consequently pay higher public art fees compared to smaller projects.

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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE Resolution No. 2022-XX
Date Adopted: _______ __, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK

(SEAL)
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Attachment: DIF ADJUSTMENT RESOLUTION [Revision 2] (5982 : PUBLIC HEARINGS AND RESOLUTIONS OF THE CITY COUNCIL OF THE

Report to City Council

ID#5995 Page 1
TO: Mayor and City Council

FROM: Steve Quintanilla, Interim City Attorney

AGENDA DATE: November 1, 2022

TITLE: RESOLUTION OF CENSURE

RECOMMENDED ACTION
Recommendation:

1. That the City Council take whatever action it deems necessary under the circumstances.

BACKGROUND

Pursuant to Section 3.1 titled “AGENDA ITEMS” of the Rules of Procedure for Council Meetings and Related Functions and Activities, “Items may . . . be placed on the agenda of any regular, special meeting, or study session with the consent of a majority of the City Council obtained during a public meeting of the City Council.”

In light of the foregoing, at the October 18, 2022, regular City Council meeting, Council Member Elena Baca -Santa Cruz made a motion to add a proposed resolu tion of censure of Council Member Ulises Cabrera to a future agenda, which was seconded by Mayor Pro Tem Ed Delgado, and approved on a 3 -2 vote with Mayor Dr. Yxstian Gutierrez, Mayor Pro Tem Ed Delgado and Council Member Elena Baca -Santa Cruz voting yes, and Council Members David Marquez and Ulises Cabrera voting no.

After the closed session held on October 18, 2022, I, in my capacity as Interim City Attorney, made a closed session announcement regarding one of the potential exposure to litigation items that appeared on the October 18 Closed Session Calendar.

This item pertained to the Human Resources investigation related to the complaint that was filed by the former City Clerk. I indicated in the closed session announcement that the former City Clerk f iled her complaint based on allegations of discrimination, retaliation, and harassment and that the investigation had concluded. I further announced that the City Council voted 4 -0, with Mayor Gutierrez, Mayor Pro Tem Delgado, Council Member Marquez, and C ouncil Member Baca -Santa Cruz voting to G.1
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Moreno Valley City CouncilNovember 1, 2022

Moreno Valley City Council
November 1, 2022